The Equal Credit Opportunity Act

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Despite its impact, many Americans remain unaware of the Equal Credit Opportunity Act (ECOA) and how it benefits them directly, particularly in obtaining credit. This article aims to shed light on the ECOA, outlining its history and significance and how it continues to influence credit lending today.

What is the Equal Credit Opportunity Act?

The Equal Credit Opportunity Act is a law that makes it illegal for creditors to discriminate against anyone asking for a loan. Instead of focusing on personal details like race, age or marital status, this act demands that creditors make decisions based on reliable financial data, ensuring everyone has a fair shot at securing loans or credit.

The ECOA works by setting strict rules that all creditors must follow. These rules guide creditors in evaluating credit applications without bias or prejudice. If a lender disregards these guidelines, it can face legal consequences. This help contribute to a fairer system for all.

Creditors covered by the Equal Credit Opportunity Act include:

• Banks
• Credit unions
• Credit card companies
• Retail stores offering financing
• Companies offering consumer finance loans
• Real estate brokers who arrange credit
• Small business lenders and credit providers

The Equal Credit Opportunity Act was born out of the need to fight discrimination in the lending world, especially discrimination that affected women. Before this law, women—particularly if married—faced challenges when applying for credit. Lenders often valued a married woman’s income less than her spouse’s, and single women were more likely to be denied credit. Recognizing this unfairness, the ECOA was enacted in October 1974, aiming primarily to eliminate discrimination based on sex or marital status.

The fight against bias didn’t stop there, however. In March 1976, amendments were added to protect additional groups of people. Now, discrimination based on race, color, religion, national origin or age and those receiving public assistance or exercising rights under consumer protection laws also fall under its purview. With these amendments, the ECOA became the robust shield we know today against discrimination, affirming its commitment to fairness for all in the world of credit.

Equal Credit Opportunity Act consumer rights

The Equal Credit Opportunity Act prevents discrimination and gives consumers equal rights when applying for credit. Understanding these rights ensures you know what to expect and demand when applying for credit.

Here are the rights granted by the ECOA:

• Your application must be judged based on things that matter, like how much you earn, how much you owe and your history with credit. It’s about the numbers instead of about who you are.
• You can use any name you legally go by when applying and shouldn’t need a spouse to cosign if you’re good for the credit on your own.
• Lenders can’t ask if you’re married unless you live in certain states with specific property laws, and even then, it’s only under certain situations.
• Asking if you’re planning on having children isn’t allowed. But a lender can ask about the money you spend on dependents you already have.
• After applying, you’ll be notified of the decision within 30 days. If you’re denied or you receive an unfavorable offer, lenders are required to give clear reasons within 60 days if requested.

Signs of credit discrimination

Even with strict rules in place, some lenders still find ways to bend or break them. In most cases, credit discrimination isn’t that obvious. It can be hidden, sometimes even happening without intention, which can make it tricky to spot. You might be facing unfair treatment without even realizing it. 

To help, here are some things that may indicate you’re being discriminated against in the credit process.

• If a lender hints that you shouldn’t apply for credit when you’re certain you have a fair credit score or better
• If it feels like you’re being treated differently depending on whether you’re talking to someone on the phone or online
• If you’re told you can’t have credit, even if you meet all the rules they’ve publicly shared
• If someone pushes you toward a loan with bad terms, like high interest rates, especially if it doesn’t fit your qualifications
• If the rate you’re offered for credit is more than what was advertised, especially when you fit the criteria for the lower rate
• If there are any inappropriate comments regarding your race, sex or age or where you’re from

In cases where it’s proven that the lender did wrong, it may be required to pay damages. For individual lawsuits, this could mean paying up to $10,000. In class action lawsuits, where many people band together, the penalty can be as high as $500,000 or 1 percent of the lender’s worth, whichever is less. 

Who enforces the Equal Credit Opportunity Act?

The Federal Reserve Board made the rules for the ECOA until 2011. After that, The Consumer Financial Protection Bureau (CFPB) started handling most of these duties. Today, the CFPB is responsible for making sure banks and lenders follow the ECOA.

Their main goal is to keep the lending market fair for everyone without any discrimination. They do this by visiting financial institutions, reviewing their records, analyzing the loans they give out, investigating customer complaints and talking to their employees.

However, to do a thorough job, the CFPB still needs to team up with other federal agencies to ensure all lenders play by the same rules. These include:

• The Office of the Comptroller of the Currency
• The Federal Reserve Board itself
• The Federal Deposit Insurance Corporation
• The National Credit Union Administration

What to do if you think your ECOA rights have been violated

If you feel a lender has treated you unfairly, your first step should be to speak directly with them. Sometimes the problem might be a misunderstanding or caused by one person’s mistake, not the entire company’s policy. 

When talking doesn’t solve the issue, here are the steps you can follow:

1. Contact your state Attorney General’s office

Every state has an Attorney General who investigates matters like these. Your state’s Attorney General’s office can fight for your rights and check whether the lender violated any state laws about fair lending. 

2. Submit a complaint to the CFPB

The Consumer Financial Protection Bureau is ready to hear from you if you’ve faced issues. It suggests you file your complaint online through its website or call. After receiving your complaint, it’ll get in touch with the creditor on your behalf, and you’re likely to hear back within 15 days.

When there’s a response, the CFPB will let you know. You then have the chance to look over what was said and share any comments or further information within 60 days. And if there’s a reason your complaint isn’t something it can send to the creditor for a direct response, it’ll route it to the federal agency best suited to deal with the issue and inform you about it.

3. Report it to the appropriate government agency

If a creditor denies your application for credit, it must send you a notice with reasons for the denial. Every denial notice should provide you with a contact for a regulatory body related to the type of credit you applied for. If you think the denial was based on discrimination, this is the agency to get in touch with. Let it know what happened and it can take steps to investigate your claim.

4. Get legal help

Credit discrimination lawyers can devise a legal strategy tailored to your situation. They know how to navigate through the complexities of the law, challenge discriminatory practices and hold lenders accountable. For a directory of legal aid by state, go to LSC to see if you qualify for aid through a Legal Services Corporation-supported program.

However, if your credit applications are being turned down due to poor credit, it’s time to take the right steps to improve it, and Lexington Law is ready to help. We’re a leading credit repair service that understands the challenges of improving your credit. Let’s work together to get your credit back on track with a free credit assessment today.