What protections do I have against credit discrimination? | Consumer Financial Protection Bureau (2024)

How can I protect myself from credit discrimination?

Watch for warning signs

Credit discrimination is often hidden or even unintentional, which makes it hard to spot. Look for red flags, such as:

  • Treated differently in person than on the phone or online
  • Discouraged from applying for credit
  • Encouraged or told to apply for a type of loan that has less favorable terms (for example, a higher interest rate)
  • Hearing the lender making negative comments about race, national origin, age, sex (including sexual orientation or gender identity), or other protected statuses
  • Refused credit even though you qualify for it based on advertised requirements
  • Offered credit with a higher rate than you applied for, even though you qualify for a lower rate based on advertised requirements

Ways to prepare before taking out a loan

  • Do your research. Shop around. Learn about the benefits and risks of the loan or credit card you want. Research current interest rates. Compare offers from several lenders.
  • Know your credit history. Be sure there are no mistakes or missing items in your credit reports. You have the right to request one free copy of your credit reports each year, from each of the three biggest consumer credit reporting companies, by visiting AnnualCreditReport.com. When you visit the site, you may see steps to view more frequently updated reports online. This gives you a greater ability to monitor changes in your credit. If needed, you can ask whether your credit report is available in your preferred language.
  • Ask questions about total costs. Look beyond the monthly payment. Be sure you understand your interest rates and the total amount of interest and fees paid over the long run. Ask about which fees and charges may be negotiable.
  • Stay in control. Lenders shouldn’t make you feel rushed or unnecessarily delay action on your application. You have a right to receive information in writing -- and in most cases, that means you get timely information on the decision a lender has made about your application for credit.
  • Be sure before signing. You shouldn’t ever feel pressured to sign. You should take the time to make sure the credit product and terms work for you. If needed, ask the lender whether help is available in your preferred language.

Get legal help if you believe you have been discriminated against

For legal resources listed state by state, visit lawhelp.org .

To find out about eligibility for assistance from a Legal Services program funded by the Legal Services Corporation, visit lsc.gov/what-legal-aid/find-legal-aid .

To locate your state attorney general’s office, see naag.org/find-my-ag/ .

What protections do I have against credit discrimination? | Consumer Financial Protection Bureau (2024)

FAQs

What protections do I have against credit discrimination? | Consumer Financial Protection Bureau? ›

It is illegal to:

What are the laws against credit discrimination? ›

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.

What federal law protects consumers from unfair discrimination in credit? ›

The Equal Credit Opportunity Act (ECOA) makes it illegal for creditors (also known as banks, mortgage companies, small loan and finance companies, credit unions, retail and department stores, credit card companies, other online companies offering credit, and people who arrange for credit) to discriminate against you.

What do you do if you suspect credit discrimination? ›

If you believe a lender discriminated against you, you can submit a complaint with the Federal Trade Commission (FTC) or with the CFPB online or by calling 1-855-411-CFPB (2372). You can also file a complaint with your state attorney general or state consumer protection office .

What are your rights if you are denied credit? ›

You have the right to get a free copy of your credit report within 60 days of being denied credit. Simply contact the credit reporting agency that provided the credit report and ask for a free report. You can also get a free credit report every 12 months.

What are examples of laws created to protect people from unfair credit practices? ›

The Fair Debt Collection Practices Act (FDCPA) The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

What is an example of an ECOA violation? ›

Altering an applicant's interest rate, credit limit, or credit terms due to their protected status. Requiring loan applicants to provide protected information, such as race, ethnicity, marital status, or other social information, to process their loan application.

What is the credit Protection Act? ›

The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act.

What is a red flag for an Equal Credit Opportunity Act violation? ›

ECOA violations. 1. The lender changes its story after meeting a client face-to-face after telephone conversation approval. 2. There is any indication that the loan is denied based on personal status.

What are the three types of consumer credit discrimination? ›

Types of Lending Discrimination

Overt evidence of disparate treatment; • Comparative evidence of disparate treatment; and • Evidence of disparate impact.

Can you sue for wrongful credit reporting? ›

Can You Sue a Company for Inaccurate Credit Reporting? If you were seriously harmed—say, the credit reporting agency continued to give out incomplete or inaccurate information after you requested corrections—you might consider filing a lawsuit. Under the Fair Credit Reporting Act (FCRA) (15 U.S.C.

What is the Federal Equal Credit Opportunity Act? ›

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 is unfair credit reporting? ›

A credit reporting agency failing to correct any errors or explain why the credit report is correct within 30 days of receiving a notice of dispute by the consumer. An entity pulls or checks your credit (“hard inquiry”) when you never authorized them to do so.

What is an example of credit discrimination? ›

Discouraged from applying for credit. Encouraged or told to apply for a type of loan that has less favorable terms (for example, a higher interest rate) Hearing the lender making negative comments about race, national origin, age, sex (including sexual orientation or gender identity), or other protected statuses.

What is the 5 C's of credit? ›

Called the five Cs of credit, they include capacity, capital, conditions, character, and collateral. There is no regulatory standard that requires the use of the five Cs of credit, but the majority of lenders review most of this information prior to allowing a borrower to take on debt.

Do lenders have to tell you why you were denied? ›

If a lender rejects your application, it's required under the Equal Credit Opportunity Act (ECOA) to tell you the specific reasons your application was rejected or tell you that you have the right to learn the reasons if you ask within 60 days.

Is it legal to discriminate based on credit score? ›

What is credit discrimination? The Equal Credit Opportunity Act makes it illegal for a creditor to discriminate in any aspect of credit transaction based on certain characteristics.

What is the Fair Credit Reporting Act law? ›

The Fair Credit Reporting Act (FCRA) , 15 U.S.C. § 1681 et seq., governs access to consumer credit report records and promotes accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies (CRAs).

What does the Fair Credit Reporting Act prohibit? ›

The FCRA specifies those with a valid need for access. reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer.

What are the restrictions of the Fair Credit Reporting Act? ›

most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old. about you only to people with a valid need – usually to consider an application with a creditor, insurer, employer, landlord, or other business.

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