![]() Readers from the mortgage industry will recall that the scope of ECOA and Regulation B have been challenged in recent times, and the CFPB seems to be trying to get ahead of the issue. Therefore, creditors must comply with Regulation B’s adverse action notification requirements if any action is taken on credit during the post-application process. The CFPB asserts that Congress intended for ECOA to apply throughout every stage of credit transactions.Īn important facet, in addition to anti-discrimination provisions, the advisory opinion indicates that creditors must comply with the adverse action requirements in Regulation B after granting credit. The CFPB has updated its exam manual for evaluating UDAAPs, which notes that discrimination may meet the criteria for unfairness by causing substantial harm to consumers that they cannot. The advisory opinion highlights the definition of an applicant, explaining that it means “any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.” a(b). The CFPB will look at how companies test and monitor their decision-making processes for unfair discrimination, as well as discrimination under ECOA. The Consumer Financial Protection Bureau has issued an interpretive. As such, lenders may not engage in prohibited discriminatory activity when revoking or making unfavorable changes to the terms of a loan or other type of credit. Fair Lending, Sexual Orientation and Gender Identity: The CFPB ECOA Rule April 8, 2021. ![]() The recent advisory opinion specifically states that the anti-discrimination provisions in ECOA and Regulation B, the statute’s implementing regulation, apply when financial institutions and other lenders take action against existing credit arrangements. ![]() The agency indicated that the advisory opinion was released under its Advisory Opinion Policy from 2020. ![]() The Consumer Financial Protection Bureau, on May 9, 2022, released an advisory opinion stating that the Equal Credit Opportunity Act applies to all aspects of the loan life cycle. ![]()
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