Consumer Financial Protection Bureau Withdraws Numerous Guidance Documents Pending Review

May 14, 2025

What's New

The Consumer Financial Protection Bureau has withdrawn 67 guidance documents, including those addressing whistleblower protections and the use of monitoring technology in the workplace. The CFPB’s May 12 announcement stated that many were inconsistent with federal statutory text and imposed compliance burdens without opportunities for public notice and comment. Some documents could be reinstated after further review, the notice said, but in the meantime, people should not rely on them and the CFPB will not enforce them.

These withdrawn documents may interest employers:

File Disclosure and Background Screening advisory opinions that required employment background screening agencies to have procedures that prevent the reporting of duplicative or expunged information; that include the outcome of criminal charges; and that identify information sources.
Circular 2024-06: Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions: This circular explained that using some workplace monitoring technology could trigger obligations under the Fair Credit Reporting Act, including obtaining a worker’s permission to access a consumer report.
Circular 2024-04: Whistleblower protections: This circular warned financial institutions about the potential illegality of nondisclosure agreements that deter whistleblowing.

What It Means

The CFPB’s action represents an abrupt change in policy and demonstrates the speed with which agencies can wipe out interpretive guidance issued during previous administrations.

What You Should Do

Employers should exercise caution before changing practices based on the withdrawal of guidance because continued compliance may help to mitigate risk. CWC members may discuss this topic with other members in a Conversation Corner or through the Compliance Network in CWC Collaborate.

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