{"page":"/blog/fair-lending-advertising-rules","modified":"2026-11-10","license":"https://creativecommons.org/licenses/by/4.0/","columns":["Item","Check","Source","Type","Status (9 Nov 2026)"],"rows":[["1","Do ad words, images, symbols or videos express a preference based on a protected characteristic?","§ 1002.4(b); 42 U.S.C. § 3604(c); 24 CFR § 100.75(c)(1)","Law","In force"],["2","Do statements to the general public express a discriminatory preference or a policy of exclusion?","Comment 4(b)-1.i.B","Law (official interpretation)","In force since 21 July 2026; challenged in court"],["3","For housing and mortgage ads, does the choice of media or locations deny groups information because of a protected characteristic?","24 CFR § 100.75(c)(3)","Law","In force"],["4","For mortgage products, do all prospective borrowers get the same information on loan availability?","24 CFR § 100.120(b)(1); comment 4(a)-2","Law","In force"],["5","Are audience criteria such as ZIP codes, languages or interests designed or applied as proxies for a protected characteristic?","Comment 6(a)-2; § 1002.4(a)","Law","In force"],["6","Does a campaign that encourages one group stand alone, or is it part of a pattern of excluding another?","Comment 4(b)-1.ii.A; 91 FR 21620","Law","In force; challenged in court"],["7","For mortgage ads, has delivery or outcome been tested for disparate effect?","24 CFR § 100.500","Law","In force; removal proposed (91 FR 1475)"],["8","Is disparate-impact testing kept for non-mortgage credit, given state law and pending suits?","Venable, May 2026; Cooley, 2026","Practice","Practitioner commentary"],["9","Do call-centre or chat scripts that answer ad responses discourage applications on a prohibited basis?","Comment 4(b)-1.i.C","Law (official interpretation)","In force"],["10","Is ad spend across majority-minority and majority-white areas documented for mortgage campaigns?","Trident complaint, 2022; Trustmark consent order, 2021","Enforcement","Orders terminated in 2025; allegations not adjudicated"],["11","For housing ads on Meta, are targeting options tied to protected characteristics excluded?","DOJ v. Meta settlement","Enforcement","Binds Meta, not advertisers; oversight term ended 27 June 2026"],["12","Are lookalike or \"special\" audience expansions used for housing or credit ads?","DOJ v. Meta; Meta, 21 June 2022","Enforcement; practice","Meta ended Special Ad Audiences for housing, credit and employment ads"],["13","On Google, are age, gender, parental status, marital status and ZIP targeting off for consumer finance and housing ads in the US and Canada?","Google Ads policy","Practice (platform policy)","Current on 9 November 2026"],["14","On Meta, are credit and housing ads run in the special ad category, with no age or gender targeting and a 15-mile minimum radius?","Meta, 21 June 2022","Practice (platform policy)","As described by Meta in 2022; current help text not verified"],["15","Does a reviewer rely on HUD's 2024 digital platform guidance?","91 FR 17291","Guidance","Withdrawn effective 17 September 2025"],["16","Does a reviewer rely on the CFPB's 2022 interpretive rule on digital marketers?","90 FR 20084","Guidance","Withdrawn 12 May 2025"],["17","Does a special purpose credit program run by a for-profit lender use race, color, national origin or sex as an eligibility factor?","12 CFR § 1002.8(b)(3)","Law","In force since 21 July 2026; challenged in court"],["18","Do prescreened or credit-based audiences meet the FCRA rules before they reach an ad platform?","FCRA prescreen rules","Law","See that page"]],"sourceUrls":[["https://www.ecfr.gov/current/title-12/chapter-X/part-1002/subpart-A/section-1002.4","https://www.law.cornell.edu/uscode/text/42/3604","https://www.law.cornell.edu/cfr/text/24/100.75"],["https://www.ecfr.gov/current/title-12/chapter-X/part-1002/appendix-Supplement%20I%20to%20Part%201002"],["https://www.law.cornell.edu/cfr/text/24/100.75"],["https://www.law.cornell.edu/cfr/text/24/100.120","https://www.ecfr.gov/current/title-12/chapter-X/part-1002/appendix-Supplement%20I%20to%20Part%201002"],["https://www.ecfr.gov/current/title-12/chapter-X/part-1002/appendix-Supplement%20I%20to%20Part%201002","https://www.ecfr.gov/current/title-12/chapter-X/part-1002/subpart-A/section-1002.4"],["https://www.ecfr.gov/current/title-12/chapter-X/part-1002/appendix-Supplement%20I%20to%20Part%201002","https://www.federalregister.gov/documents/2026/04/22/2026-07804/equal-credit-opportunity-act-regulation-b"],["https://www.law.cornell.edu/cfr/text/24/100.500","https://www.federalregister.gov/documents/2026/01/14/2026-00590/huds-implementation-of-the-fair-housing-acts-disparate-impact-standard"],["https://www.venable.com/insights/publications/2026/05/cfpb-makes-significant-changes-to-regulation-b","https://finsights.cooley.com/cfpb-finalizes-significant-changes-to-regulation-b/"],["https://www.ecfr.gov/current/title-12/chapter-X/part-1002/appendix-Supplement%20I%20to%20Part%201002"],["https://www.justice.gov/d9/press-releases/attachments/2022/07/27/2022.07.27_trident_complaint_filed_0.pdf","https://www.justice.gov/crt/case/consent-order-united-states-v-trustmark-national-bank-wd-tenn"],["https://www.justice.gov/crt/case/united-states-v-meta-platforms-inc-fka-facebook-inc-sdny"],["https://www.justice.gov/crt/case/united-states-v-meta-platforms-inc-fka-facebook-inc-sdny","https://about.fb.com/news/2022/06/expanding-our-work-on-ads-fairness/"],["https://support.google.com/adspolicy/answer/143465?hl=en"],["https://about.fb.com/news/2022/06/expanding-our-work-on-ads-fairness/"],["https://www.federalregister.gov/documents/2026/04/06/2026-06624/notification-of-withdrawal-of-fair-housing-and-equal-opportunity-guidance-documents"],["https://www.federalregister.gov/documents/2025/05/12/2025-08286/interpretive-rules-policy-statements-and-advisory-opinions-withdrawal"],["https://www.ecfr.gov/current/title-12/chapter-X/part-1002/subpart-A/section-1002.8"],[]]}