
|
Equal Credit Opportunity ActTITLE VII—-EQUAL CREDIT OPPORTUNITY ACT Sec. 701. Prohibited discrimination; reasons for adverse action. 704A. Incentives for self-testing and self-correction. § 701. Prohibited discrimination; reasons for adverse action (a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction– (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (b) It shall not constitute discrimination for purposes of this title for a creditor– (4) to make an inquiry or to consider the age of an elderly applicant when the age of such applicant is to be used by the creditor in the extension of credit in favor of such applicant. (c) It is not a violation of this section for a creditor to refuse to extend credit offered pursuant to– (d)(1) Within thirty days (or such longer reasonable time as specified in regulations of the Board for any class of credit transaction) after receipt of a completed application for credit, a creditor shall notify the applicant of its action on the application. (B) giving written notification of adverse action which discloses (i) the applicant’s right to a statement of reasons within thirty days after receipt by the creditor of a request made within sixty days after such notification, and (ii) the identity of the persons or office from which such statement may be obtained. Such statement may be given orally if the written notification advises the applicant of his right to have the statement of reasons confirmed in writing on written request. (e) Each creditor shall promptly furnish an applicant, upon written request by the applicant made within a reasonable period of time of the application, a copy of the appraisal report used in connection with the applicant’s application for a loan that is or would have been secured by a lien on residential real property. The creditor may require the applicant to reimburse the creditor for the cost of the appraisal. [Codified to 15 U.S.C. 1691] [Source: Section 701 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1521), effective October 28, 1975, as amended by section 2 of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 251), effective March 23, 1977; section 223(d) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2306), effective December 19, 1991] NOTES Findings and purpose. Section 502 of title V of the Act of October 28, 1974 provides as follows: § 502. Findings and purpose The Congress finds that there is a need to insure that the various financial institutions and other firms engaged in the extensions of credit exercise their responsibility to make credit available with fairness, impartiality, and without discrimination on the basis of sex or marital status. Economic stabilization would be enhanced and compe-tition among the various financial institutions and other firms engaged in the extension of credit would be strengthened by an absence of discrimination on the basis of sex or marital status, as well as by the informed use of credit which Congress has heretofore sought to promote. It is the purpose of this [Equal Credit Opportunity] Act to require that financial institutions and other firms engaged in the extension of credit make that credit equally available to all creditworthy customers without regard to sex or marital status. § 702. Definitions (a) The definitions and rules of construction set forth in this section are applicable for the purposes of this title. (b) The term “applicant” 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. (c) The term “Board” refers to the Board of Governors of the Federal Reserve System. (d) The term “credit” means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor. (e) The term “creditor” means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit. (f) The term “person” means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. (g) Any reference to any requirement imposed under this title or any provision thereof includes reference to the regulations of the Board under this title or the provision thereof in question. [Codified to 15 U.S.C. 1691a] [Source: Section 702 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1522), effective October 28, 1975] § 703. Regulations (a)(1) The Board shall prescribe regulations to carry out the purposes of this title. These regulations may contain but are not limited to such classifications, differentiation, or other provision, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary or proper to effectuate the purposes of this title, to prevent circumvention or evasion thereof, or to facilitate or substantiate compliance therewith. (3) An exemption granted pursuant to paragraph (2) shall be for no longer than five years and shall be extended only if the Board makes a subsequent determination, in the manner described by such paragraph, that such exemption remains appropriate. (b) Consumer Advisory Council The Board shall establish a Consumer Advisory Council to advise and consult with it in the exercise of its functions under this chapter and to advise and consult with it concerning other consumer related matters it may place before the Council. In appointing the members of the Council, the Board shall seek to achieve a fair representation of the interests of creditors and consumers. The Council shall meet from time to time at the call of the Board. Members of the Council who are not regular full-time employees of the United States shall, while attending meetings of such Council, be entitled to receive compensation at a rate fixed by the Board, but not exceeding $100 per day, including travel time. Such members may be allowed travel expenses, including transportation and subsistence, while away from their homes or regular place of business. [Codified to 15 U.S.C. 1691b] [Source: Section 703 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1522), effective October 28, 1975, as amended by section 3 of the Act of March 23, 1976 (Pub. L. § 704. Administrative enforcement (a) Compliance with the requirements imposed under this title shall be enforced under: (4) The Acts to regulate commerce, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board. (b) For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law. The exercise of the authorities of any of the agencies referred to in subsection (a) for the purpose of enforcing compliance with any requirement imposed under this title shall in no way preclude the exercise of such authorities for the purpose of enforcing compliance with any other provision of law not relating to the prohibition of discrimination on the basis of sex or marital status with respect to any aspect of a credit transaction. (c) Except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other Government agency under subsection (a), the Federal Trade Commission shall enforce such requirements. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this title shall be deemed a violation of a requirement imposed under that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce any Federal Reserve Board regulation promulgated under this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. (d) The authority of the Board to issue regulations under this title does not impair the authority of any other agency designated in this section to make rules respecting its own procedures in enforcing compliance with requirements imposed under this title. [Codified to 15 U.S.C. 1691c] [Source: Section 704 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1522), effective October 28, 1975, and as amended by section 4 of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 253), effective March 23, 1976; section 744(m) of title VII of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 439), effective August 9, 1989; section 212(d) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2301), effective December 19, 1991; section 1604(a)(8) of title XVI of the Act of October 28, 1992 (Pub. L. No. 102--550, 106 Stat. 4082), effective December 19, 1991; section 315 of title III of the Act of December 29, 1995 (Pub. L. No. 104--88; 109 Stat. 948), effective December 29, 1995] § 704A. Incentives for self-testing and self-correction. (a) PRIVILEGED INFORMATION.– (2) PRIVILEGED SELF-TEST.–If a creditor meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test– (b) RESULTS OF SELF-TESTING.– (i) voluntarily releases or discloses all, or any part of, the report or results to the applicant, department, or agency, or to the general public; or (c) ADJUDICATION.–An applicant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in– (2) an administrative law proceeding with appropriate jurisdiction. [Codified to 15 U.S.C. 1691c-1] [Section 704 of title VII of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by section 2302 of title II of the Act of September 30, 1996 (Pub. L. No. 104-208; 110 Stat. 3009-420), effective September 30, 1996] § 705. Relation to State laws (a) A request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings, shall not constitute discrimination under this title: Provided, however, That this provision shall not be construed to permit a creditor to take sex or marital status into account in connection with the evaluation of creditworthiness of any applicant. (b) Consideration or application of State property laws directly or indirectly affecting creditworthiness shall not constitute discrimination for purposes of this title. (c) Any provision of State law which prohibits the separate extension of consumer credit to each party to a marriage shall not apply in any case where each party to a marriage voluntarily applies for separate credit from the same creditor: Provided, That in any case where such a State law is so preempted, each party to the marriage shall be solely responsible for the debt so contracted. (d) When each party to a marriage separately and voluntarily applies for and obtains separate credit accounts with the same creditor, those accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or permissible loan ceilings under the laws of any State or of the United States. (e) Where the same act or omission constitutes a violation of this title and of applicable State law, a person aggrieved by such conduct may bring a legal action to recover monetary damages either under this title or under such State law, but not both. This election of remedies shall not apply to court actions in which the relief sought does not include monetary damages or to administrative actions. (f) This title does not annul, alter, or affect, or exempt any peron subject to the provisions of this title from complying with, the laws of any State with respect to credit discrimination, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this title if the Board determines that such law gives greater protection to the applicant. (g) The Board shall by regulation exempt from the requirements of sections 701 and 702 of this title any class of credit transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this title or that such law gives greater protection to the applicant, and that there is adequate provision for enforcement. Failure to comply with any requirement of such State law in any transaction so exempted shall constitute a violation of this title for the purposes of section 706. [Codified to 15 U.S.C. 1691d] [Source: Section 705 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1523), effective October 28, 1975, and as amended by section 5 of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 253), effective March 23, 1976] § 706. Civil liability (a) Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for any actual damages subtained by such applicant acting either in an individual capacity or as a member of a class. (b) Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional. (c) Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this title. (d) In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney’s fee as determined by the court, shall be added to any damages awarded by the court under such subsection. (e) No provision of this title imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Board or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. (f) Any action under this section may be brought in the appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. No such action shall be brought later than two years from the date of the occurrence of the violation, except that– (g) The agencies having responsibility for administrative enforcement under section 704, if unable to obtain compliance with section 701, are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted. Each agency referred to in paragraphs (1), (2), and (3) of section 704(a) shall refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has engaged in a pattern or practice of discouraging or denying applications for credit in violation of section 701(a). Each such agency may refer the matter to the Attorney General whenever the agency has reason to believe that 1 or more creditors has violated section 701(a). (h) When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this title, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including actual and punitive damages and injunctive relief. (i) No person aggrieved by a violation of this title and by a violation of section 805 of the Civil Rights Act of 1968 shall recover under this title and section 812 of the Civil Rights Act of 1968, if such violation is based on the same transaction. (j) Nothing in this title shall be construed to prohibit the discovery of a creditor’s credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought. (k) NOTICE TO HUD OF VIOLATIONS.–Whenever an agency referred to in paragraph (1), (2), or (3) of section 704(a)– [Codified to 15 U.S.C. 1691e] [Source: Section 706 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1524), effective October 28, 1975, and as amended by section 6 of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 253), effective March 23, 1976; sections 223(a)--(c) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2306), effective December 19, 1991] § 707. Annual reports to Congress Each year, the Board and the Attorney General shall, respectively, make reports to the Congress concerning the administration of their functions under this title, including such recommendations as the Board and the Attorney General, respectively, deem necessary or appropriate. In addition, each report of the Board shall include its assessment of the extent to which compliance with the requirements of this title is being achieved, and a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities under section 704. [Codified to 15 U.S.C. 1691f] [Source: Section 707 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 7 of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 255), effective March 23, 1976; as amended by section 610 of title VI of the Act of March 31, 1980 (Pub. L. No. 96--221; 94 Stat. 174), effective April 1, 1982] § 708. Effective date This title takes effect upon the expiration of one year after the date of its enactment. The amendments made by the Equal Credit Opportunity Act Amendments of 1976 shall take effect on the date of enactment thereof and shall apply to any violation occurring on or after such date, except that the amendments made to section 701 of the Equal Credit Opportunity Act shall take effect 12 months after the date of enactment. [Codified to 15 U.S.C. 1691 note] [Source: Section 708 (formerly 707) of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 503 of title V of the Act of October 28, 1974 (Pub. L. No. 93--495; 88 Stat. 1525), effective October 28, 1975, as redesignated by section 7, and as amended by section 8, of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 255), effective March 23, 1976] § 709. Short title This title may be cited as the “Equal Credit Opportunity Act.” [Codified to 15 U.S.C. 1691 note] [Source: Section 709 of title VII of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 1(b) of the Act of March 23, 1976 (Pub. L. No. 94--239; 90 Stat. 251), effective March 23, 1976] |