ECOA Flashcards
What is ECOA and what is it’s implementing regulation?
Equal Credit Opportunity Act Regulation B
What is purpose of ECOA?
to prohibit discrimination in any phase of a credit transaction based on 9 established bases
What are the ECOA prohibited bases?
race - sex - marital status - color - national origin - religion - age - receipt of public assistance income - exercise of rights under the consumer credit protection act
Who does ECOA apply to?
all parties participating in the credit decision regardless of the method used to evaluate credit or the aspect of the credit decision
What kinds of credit does ECOA cover?
all types of consumer and business credit with limited exceptions for:
* public utilities credit
* securities credit
* incidental credit
* governmental credit
What is incidental credit?
Credit that
* is not a credit card account
* has no finance change
* is not payable by agreement in more than four installments
* is not public utility or securities credit
Must an ECOA violation be intentionally discriminatory?
NO
The practice in violation of ECOA may be neutral on its face but still result in a disproportionate adverse effect on a protected class.
What is legitimate business need?
legitimate business need exists when there is no reasonable alternative practice producing less disparate impact.
What is the three step process to show disproportionate adverse effect? (disparate impact)
* consumer proves unfavorable impact on a protected class
* business shows relationship between practice and creditworthiness
* consumer shows alternative policy or practice that achieves the same result without effect
ECOA prohibits a creditor from advertising that ________.
discourages a reasonable person from making or pursuing an application
May creditors solicit credit from traditionally disadvantaged groups?
YES
Under ECOA, what is an application?
an oral or written request for credit made in accordance with the creditor’s procedures for the type of credit requested
Even if the customer calls in and the associate enters the information into the system, is this a written application under ECOA?
YES
When does an inquiry become an application?
when the creditor evaluates information to make a credit determination
T or F
Request for written preapprovals are not considered applications?
FALSE
preapproval requests are considered applications
When does an application become ‘complete’?
When the bank has received all information regularly used in credit evaluation
If the customer enters their information directly into a system, is this a written application under ECOA?
YES
For what kind of loans are written applications required?
loans to purchase or refinance a principal dwelling and secured by that dwelling
Under ECOA, all disclosures must be _________, and most* disclosures must be ___________.
clear and conspicuous in a form the applicant can keep
monitoring information and alimony/child support disclosures are not included
Must ECOA disclosures be provided in English?
NO
Disclosures may be provided in any language, so long as English disclosures are available on request.
For applications to purchase or refinance a primary dwelling (secured by that dwelling), creditors must request what monitoring information?
* ethnicity and race
* sex
* marital status
* age
When monitoring information is required what notices must be provided to the customer?
* information is being requested by the federal government for monitoring purposes
* if applicant refuses, creditor is required to note information based on visual observations or surname
Can the bank ‘require’ the applicant to provide monitoring information?
NO
If an applicant refuses to provide required monitoring information what must the creditor do?
* note such on the form
* note information based on visual observations or surname
T or F
Banks my request monitoring information on nonmortgage applications?
TRUE
So long as the request is for self-testing and meets the regulatory requirements.
What information may be collected for ECOA self testing?
* race
* color
* religion
* national origin
* sex
When information is collected for ECOA self testing, what disclosures are required?
* information is being requested to test bank’s compliance with ECOA
* Federal law prohibits the creditor from discriminating based on the information or the customers refusal to provide
* if applicant refuses, creditor may note information based on visual observations or surname
T or F
Credit applications may require titles (Mr., Ms., etc.)
FALSE
courtesy titles must be optional
In what cases can spouse or former spouse information be requested on a credit application?
* the spouse will be permitted to use the account
* the spouse will be contractually liable on the account
* the applicant resides in a community property state
* the property is located in a community property state
When my an individual, unsecured credit application inquire about marital status?
when the applicant resides in a community property state OR is relying on property located in a community property state
When and how may an application ask about marital status?
*when the application is for individual, unsecured credit and the applicant resides in a community property state OR is relying on property located in a community property state
* when the application is for other than individual, unsecured credit
* only use terms married, unmarried, or separated
May a creditor inquire about income derived from alimony, child support, or separate maintenance?
only if the creditor discloses that such income need not be revealed if the applicant does not wish it to be considered in determining creditworthiness
T or F
Applications may not inquire about childbearing in any way.
FALSE
applications may not inquire about birth control practices or child bearing intensions but may inquire about number and ages of dependents only
Can an application request an applicants immigration status and permanent residence?
YES
A creditor may use any information obtained in evaluating an application provided information is __________.
not used to discriminate on a prohibited basis
The creditor may use an applicant’s age as a predictive variable so long as ___________.
the age is not assigned a negative factor or value
A creditor may consider an applications age in any evaluation system so long as __________.
age is used to favor the elderly applicant
What considerations regarding public assistance income may be evaluated?
* length of time income will be received
* continuation of qualification for income
* whether income can be garnished
T or F
Lenders may not consider whether there is a telephone listing in the applicant’s name
TRUE
T or F
Lenders may not consider whether there is a telephone in the applicant’s home
FALSE
Can the lender consider information presented that indicates credit history is inaccurate or incomplete?
YES
What are the overarching requirements of a credit scoring system?
The system must be empirically derived and demonstrably and statistically sound
Credit scoring systems must be based on data that is derived from an empirical comparison of __________.
small groups or the population of creditworthy and noncredit worthy applicants who applied for credit within a reasonable period of time
Credit scoring systems must be developed for the purpose of evaluating the creditworthiness of applicants with respect to ____________.
the legitimate business interests of the creditor using the system