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ECOA Reg B Lending Compliance

United States

United States

1974

Consumer Protection

Overview

The Equal Credit Opportunity Act (ECOA), implemented through Regulation B, prohibits discrimination in all aspects of credit transactions. Enacted in 1974, ECOA ensures that applicants receive fair and equal access to credit regardless of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or exercise of consumer rights.
Reg B applies to banks, credit unions, mortgage lenders, auto finance companies, BNPL platforms, and other creditors offering personal, commercial, or household credit. It also governs application processing, evaluation, adverse action notices, and recordkeeping. Financial institutions must implement comprehensive KYC compliance frameworks that ensure fair and unbiased customer verification processes while maintaining strict adherence to anti-discrimination requirements across all credit evaluation and decision-making procedures.

Key Obligations

  • Prohibit discrimination in any part of a credit transaction
  • Provide timely and clear adverse action notices to denied applicants
  • Request only information relevant to creditworthiness (with limited exceptions)
  • Retain records of credit applications and decisions for specified periods
  • Offer spousal or co-applicant protections as required
  • Train employees and review policies to ensure nondiscriminatory lending practices

FAQ

What does ECOA regulate?

ECOA prohibits discriminatory lending practices and requires fair treatment for all credit applicants.

What is an adverse action notice?

A notice that explains the reason credit was denied or terms were unfavorable, required under ECOA.

Can a lender ask about marital status or income from public assistance?

Yes, but only in specific situations and must not be used to discriminate.

Who enforces ECOA?

The Consumer Financial Protection Bureau (CFPB) and other federal regulatory agencies depending on the institution type.