The information provided on this website does not, and is not intended to, act as legal, financial or credit advice. See Lexington Law’s editorial disclosure for more information.
There are several consumer credit protection laws in America, including the Fair Credit Reporting Act (FCRA), the Credit Repair Organizations Act (CROA), and the Fair Credit Billing Act (FCBA). The Equal Credit Opportunity Act (ECOA) is another one of these laws. As the name implies, the ECOA ensures that creditors can’t discriminate against borrowers. Individuals should be aware of the ECOA so they know their rights when dealing with creditors.
The Equal Credit Opportunity Act was enacted by the U.S. Government in 1974. The law states that individuals applying for credit and loans can only be evaluated by their creditworthiness. This means creditors and lenders can’t discriminate against applicants based on their race, sex, ethnicity, national origin, religion or age (as long as they meet minimum age requirements), their receipt of public assistance or their good-faith exercise of any right under the Consumer Credit Protection Act (CCPA).
None of these factors should play a role in any part of the loan approval process, including approving or denying loans, discouraging an applicant from applying, setting loan terms such as interest rates, or setting loan fees.
When members of Congress were first drafting the bill, “sex” and “marital status” were not included. Congresswoman and women’s rights advocate Lindy Boggs added a provision to the act to add these two categories without telling her colleagues. When it came time to address her changes, Boggs stated, “Knowing the members composing this committee as well as I do, I’m sure it was just an oversight that we didn’t have ‘sex’ or ‘marital status’ included. I’ve taken care of that, and I trust it meets with the committee’s approval.” Luckily, no one argued with Boggs’ additions to the legislation.
EOCA covers many institutions and positions. The following people and organizations must adhere to the ECOA:
It’s important to note that creditors often collect personal information about applicants that may include details such as their age, sex, marital status, race, religion, and more. However, the ECOA clearly prohibits this information from being taken into account when making lending approvals or denials. Borrowers can only consider factors associated with a person’s creditworthiness, such as their income, debt, credit score, credit report and so on.
Under the ECOA, your rights are:
Unfortunately, credit discrimination still happens today. When it does happen, it’s essential to be aware of it so you can stand up for your rights.
When looking out for credit discrimination, take note of things like lenders:
If you believe your ECOA rights have been violated, you can take steps to challenge the situation.
Creditors are legally obliged to adhere to ECOA. The first step is to speak to the creditor. There’s a possibility you dealt with a prejudiced employee and the actions are not reflective of the creditor as a whole.
If they’re unwilling to reconsider your application or rectify the situation, you can consider suing them. You likely have a strong case and you’ll bring forward justice against someone who may be breaking the law. Many lawyers and attorneys offer a free initial consultation to determine if someone has a viable case.
You can contact your local state Attorney General’s office to see if the creditor has a history of EOCA complaints. If they do, you may have a stronger case for repeat behavior in a lawsuit. If there are no other complaints, it can still be helpful to file one. The Attorney General may choose to investigate.
Consider complaining to the Consumer Financial Protection Bureau (CFPB). The CFPB will reach out to the creditor to get answers on your behalf.
Whenever you’re denied credit, the required notification of denial includes contact information for the relevant government agency associated with your type of loan or credit. If you believe your denial was against the ECOA, contact this government agency and let them know.
If you’re being denied credit due to “creditworthiness” factors, it might be time to consider whether your credit score is too low. Lexington Law Firm offers credit repair services to evaluate your credit and help you dispute any inaccurate negative items. If you can improve your score, it may open the door to new financial opportunities, including any loans you may need in the future.
Note: Articles have only been reviewed by the indicated attorney, not written by them. The information provided on this website does not, and is not intended to, act as legal, financial or credit advice; instead, it is for general informational purposes only. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client or fiduciary relationship between the reader, user, or browser and website owner, authors, reviewers, contributors, contributing firms, or their respective agents or employers.
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