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Every change in presidential administration results in shifts to agencies’ policy priorities and enforcement efforts. In a Biden Administration, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), in particular, is expected to undergo significant changes. Headlines will focus on potential replacements of the CFPB Director, an issue which has been controversial in the past and may take months to address through the nomination and confirmation process in 2021.[i] But equally important will be a shifting enforcement focus: we anticipate that, under President-Elect Biden, the CFPB will revive the “disparate impact doctrine” (the “Doctrine”) as a means for curtailing business practices that result in racial disparities, whether intended or not. Although there has been significant debate about the Doctrine’s validity as applied to the Equal Credit Opportunity Act of 1974 (“ECOA”), codified at 15 U.S.C. §1691, the CFPB under President Obama applied the doctrine aggressively. We expect that Biden’s CFPB will rely upon the Doctrine as a key piece of its ECOA enforcement agenda, and if matters are litigated, the Doctrine’s validity may be resolved in court. Lenders and creditors should therefore carefully review their programs and products to assess whether availability, terms and/or conditions are consistently and evenly applied across demographic groups.