Fair Lending

Table of Contents

Does ECOA only apply to consumers?

The Equal Credit Opportunity Act (ECOA) of 1974, which is implemented by the Board’s Regulation B, applies to all creditors.

Does ECOA apply to businesses?

The Equal Credit Opportunity Act (ECOA) prohibits discrimination in any aspect of a credit transaction. It applies to any extension of credit, including extensions of credit to small businesses, corporations, partnerships, and trusts.

Is ECOA only for consumer purposes?

ECOA prohibits discrimination in all aspects of a credit transaction and applies to any organization that extends credit—including banks, small loan and finance companies, retail stores, credit card companies, and credit unions. It also applies to anyone involved in the decision to grant credit or set credit terms.

Who is covered by ECOA?

Regulation B, issued by the CFPB to implement ECOA, applies to all persons who are creditors, meaning persons who, in the ordinary course of business, regularly participate in credit decisions, set the terms of credit, or refer applicants to creditors.

What groups are protected by ECOA?

Equal Credit Opportunity Act (ECOA) promotes the availability of credit to all creditworthy applicants without regard to race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract); to the fact that all or part of the applicant’s income derives from a public .

What Is the Equal Credit Opportunity Act (ECOA)? Purpose

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What are the rules of ECOA?

This Act (Title VII of the Consumer Credit Protection Act) prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act.

What groups are not protected by the Equal Protection Clause?

What types of classifications are “suspect”? In light of the history of the Equal Protection Clause, it is no surprise that race and national origin are suspect classifications. But the Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications.

Who falls under the Equal Credit Opportunity Act?

The law applies to any person who, in the ordinary course of business, regularly participates in a credit decision, including banks, retailers, bankcard companies, finance companies, and credit unions.

Does ECOA apply to all creditors?

The Equal Credit Opportunity Act (ECOA), which is implemented by Regulation B, applies to all creditors. When originally enacted, ECOA gave the Federal Reserve Board responsibility for prescribing the implementing regulation.

What is an example of an ECOA violation?

Imposing unfair terms or conditions on a loan (such as lower loan amount or higher interest rates) based on personal characteristics protected under the ECOA. Asking detailed personal information regarding marital status, such as whether you are widowed or divorced.

Which is not an adverse action?

However, a longer furlough, removal due to a reduction in force (RIF), or demotion due to a RIF is not an “adverse action” and is conducted under the rules set forth in 5 C.F.R. part 351.

Does the Fair Credit Reporting Act apply to businesses?

Although the FCRA is generally limited to consumer purpose transactions, it also applies in some cases to commercial purpose transactions involving a consumer.

Does joint intent apply to businesses?

Joint applicants must confirm their intent to apply for joint credit; anytime a lender has multiple applicants (two people, a person and a business, or two businesses) applying for joint credit. Joint intent is an “at application” requirement.

What is considered an application under ECOA?

The Equal Credit Opportunity Act (ECOA) via Regulation B Section 202.2 defines application as follows: “Application means an oral or written request for an extension of credit that is made in accordance with procedures established by a creditor for the type of credit requested.

Do commercial loans require an adverse action notice?

For businesses with gross annual revenues greater than $1 million, Regulation B requires only that a creditor provide notice within a reasonable time. A creditor must notify the applicant of adverse action within: 30 days after receiving a complete credit application.

Does ECOA apply to marketing?

Through Regulation B, the ECOA prohibits creditors from making oral or written representations in advertising or other formats that would discourage, on a prohibited basis, a reasonable person from making or pursing a credit application.

Does reg.b apply to businesses?

Regulation B covers the actions of a creditor before, during, and after a credit transaction. The CFPB protects the following credit applications and transactions for consumers: Consumer credit. Business credit.

What is required on an adverse action notice?

This final adverse action notice must include the name, phone number, and address of the CRA that completed the report, language around the fact that candidates have the right to dispute the accuracy of results and can obtain an additional free report within 60 days, and confirmation that the CRA did not make the .

Does ECOA apply to credit cards?

ECOA applies to various types of loans including car loans, credit cards, home loans, student loans, and small business loans.

What is prohibited under ECOA?

prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection .

What does the Equal Opportunity Act apply to?

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, childbirth, or related conditions, gender identity, and sexual .

What are the requirements for the Equal Credit Opportunity Act?

The regulation covers topics such as:

Discrimination.
Discouragement.
Notification of action taken (including adverse action)
Appraisal and other written valuations.
Special purpose credit programs.
Limitation on collection of certain protected information.
Self-testing and self-correction.
Evaluation of applications.

What are the 7 protected groups?

Protected Classes

Race.
Color.
Religion (includes religious dress and grooming practices)
Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions)
Gender identity, gender expression.
Sexual orientation.
Marital status.

Does the Equal Protection Clause apply to non-citizens?

Nonetheless, the Equal Protection Clause (as well as the Due Process Clause) makes no distinction in its text between the protections it affords citizens and non-citizens.

What are the three levels of scrutiny?

Strict scrutiny is the highest standard of review that a court will use to evaluate the constitutionality of government action, the other two standards being intermediate scrutiny and the rational basis test .

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Topic Index

The federal fair lending laws – the Equal Credit Opportunity Act and the Fair Housing Act – prohibit discrimination in credit transactions, including transactions related to residential real estate.

Fair Lending Statutes and Implementing Regulations

The Equal Credit Opportunity Act (ECOA), which is implemented by the Board’s Regulation B (12 CFR 202), prohibits discrimination in any aspect of a credit transaction. It applies to any extension of credit, including residential real estate lending and extensions of credit to small businesses, corporations, partnerships, and trusts.

The ECOA prohibits discrimination based on:

Race or color
Religion
National origin
Sex
Marital status
Age (provided the applicant has the capacity to contract)
The applicant’s receipt of income derived from any public assistance program
The applicant’s exercise, in good faith, of any right under the Consumer Credit Protection Act.

The Fair Housing Act (FHAct), which is implemented by HUD regulations (24 CFR 100), prohibits discrimination in all aspects of residential real estate-related transactions, including but not limited to:

Making loans to buy, build, repair, or improve a dwelling
Purchasing real estate loans
Selling, brokering, or appraising residential real estate
Selling or renting a dwelling

The FHAct prohibits discrimination based on:

Race or color
Religion
National origin
Sex
Familial status (discrimination against households having children under the age of 18 living with a parent or legal custodian, pregnant women, or persons with legal custody of children under 18)
Handicap

Because both the FHAct and the ECOA apply to mortgage lending, lenders may not discriminate in mortgage lending on the basis of any of the prohibited factors listed previously. In addition, with respect to residential real estate-related lending, under both laws, a lender may not, on the basis of a prohibited factor,

Fail to provide information or services relating to, or provide different information or services relating to, any aspect of the lending process, including credit availability, application procedures and lending standards
Discourage or selectively encourage applicants with respect to inquiries about or applications for credit
Refuse to extend credit, or use different standards in determining whether to extend credit
Vary the terms of credit offered, including the amount, interest rate, duration, and type of loan
Use different standards to evaluate collateral
Treat borrowers differently when servicing loans or invoking default remedies
Use different standards for pooling or packaging a loan in the secondary market based on a prohibited factor

A lender may not express, orally or in writing, a preference that is based on a prohibited factor or indicate that it will treat applicants differently on the basis of a prohibited factor. Moreover, a lender may not discriminate on a prohibited basis because of the characteristics of

An applicant, prospective applicant, or borrower
A person associated with an applicant, prospective applicant, or borrower (for example, a co-applicant, spouse, business partner, or live-in aide)
The present or prospective occupants of either the property to be financed or the neighborhood or other area in which the property to be financed is located

Finally, the FHAct requires lenders to make reasonable accommodations for a person with disabilities when such accommodations are necessary to afford the person an equal opportunity to apply for credit.

Please visit the Federal Financial Institutions Examination Council (FFIEC) website for the Interagency Fair Lending Examination Procedures.

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Author

Michael Reynolds

Michael is a former mechanical engineer with over 12 years of experience in the automotive industry. He specializes in electric vehicles, autonomous driving systems, and global auto market trends. His insights are backed by hands-on testing and in-depth research.