Court enters stay in challenge to 2023 CFPB small business lending rule, parties to dismiss once revised rule takes effect
On May 22, the U.S. District Court for the Eastern District of Kentucky entered an agreed order staying an action challenging the CFPB’s 2023 Small Business Lending Rule (previously covered by InfoBytes here) until June 30. The order notes that on May 1, the CFPB published a reconsidered Small Business Lending rule under Section 1071 of the Dodd-Frank Act, which revises certain aspects of the Bureau’s 2023 rule, with an effective date of June 30. According to the parties’ joint status report filed on May 21, the plaintiffs plan to dismiss their complaint against the CFPB without prejudice once the revised rule takes effect on June 30, provided there has been no change to the rule before it becomes effective. The order preserves either party’s ability to seek early termination of the stay or other relief for good cause shown.