C.F.R. » Title 12 » CHAPTER II—FEDERAL RESERVE SYSTEM › SUBCHAPTER A—BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM › PART 202—EQUAL CREDIT OPPORTUNITY ACT (REGULATION B)

12 C.F.R. § 202.5

Rules concerning requests for information

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(a) General rules—(1) Requests for information. Except as provided in paragraphs (b) through (d) of this section, a creditor may request any information in connection with a credit transaction. 1

1 This paragraph does not limit or abrogate any Federal or State law regarding privacy, privileged information, credit reporting limitations, or similar restrictions on obtainable information.

(2) Required collection of information. Notwithstanding paragraphs (b) through (d) of this section, a creditor shall request information for monitoring purposes as required by § 202.13 for credit secured by the applicant's dwelling. In addition, a creditor may obtain information required by a regulation, order, or agreement issued by, or entered into with, a court or an enforcement agency (including the Attorney General of the United States or a similar state official) to monitor or enforce compliance with the Act, this regulation, or other federal or state statutes or regulations.

(3) Special-purpose credit. A creditor may obtain information that is otherwise restricted to determine eligibility for a special purpose credit program, as provided in § 202.8(b), (c), and (d).

(b) Limitation on information about race, color, religion, national origin, or sex. A creditor shall not inquire about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction, except as provided in paragraphs (b)(1) and (b)(2) of this section.

(1) Self-test. A creditor may inquire about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction for the purpose of conducting a self-test that meets the requirements of § 202.15. A creditor that makes such an inquiry shall disclose orally or in writing, at the time the information is requested, that:

(i) The applicant will not be required to provide the information;

(ii) The creditor is requesting the information to monitor its compliance with the federal Equal Credit Opportunity Act;

(iii) Federal law prohibits the creditor from discriminating on the basis of this information, or on the basis of an applicant's decision not to furnish the information; and

(iv) If applicable, certain information will be collected based on visual observation or surname if not provided by the applicant or other person.

(2) Sex. An applicant may be requested to designate a title on an application form (such as Ms., Miss, Mr., or Mrs.) if the form discloses that the designation of a title is optional. An application form shall otherwise use only terms that are neutral as to sex.

(c) Information about a spouse or former spouse—(1) General rule. Except as permitted in this paragraph, a creditor may not request any information concerning the spouse or former spouse of an applicant.

(2) Permissible inquiries. A creditor may request any information concerning an applicant's spouse (or former spouse under paragraph (c)(2)(v) of this section) that may be requested about the applicant if:

(i) The spouse will be permitted to use the account;

(ii) The spouse will be contractually liable on the account;

(iii) The applicant is relying on the spouse's income as a basis for repayment of the credit requested;

(iv) The applicant resides in a community property state or is relying on property located in such a state as a basis for repayment of the credit requested; or

(v) The applicant is relying on alimony, child support, or separate maintenance payments from a spouse or former spouse as a basis for repayment of the credit requested.

(3) Other accounts of the applicant. A creditor may request that an applicant list any account on which the applicant is contractually liable and to provide the name and address of the person in whose name the account is held. A creditor may also ask an applicant to list the names in which the applicant has previously received credit.

(d) Other limitations on information requests—(1) Marital status. If an applicant applies for individual unsecured credit, a creditor shall not inquire about the applicant's marital status unless the applicant resides in a community property state or is relying on property located in such a state as a basis for repayment of the credit requested. If an application is for other than individual unsecured credit, a creditor may inquire about the applicant's marital status, but shall use only the terms married, unmarried, and separated. A creditor may explain that the category unmarried includes single, divorced, and widowed persons.

(2) Disclosure about income from alimony, child support, or separate maintenance. A creditor shall not inquire whether income stated in an application is derived from alimony, child support, or separate maintenance payments unless the creditor discloses to the applicant that such income need not be revealed if the applicant does not want the creditor to consider it in determining the applicant's creditworthiness.

(3) Childbearing, childrearing. A creditor shall not inquire about birth control practices, intentions concerning the bearing or rearing of children, or capability to bear children. A creditor may inquire about the number and ages of an applicant's dependents or about dependent-related financial obligations or expenditures, provided such information is requested without regard to sex, marital status, or any other prohibited basis.

(e) Permanent residency and immigration status. A creditor may inquire about the permanent residency and immigration status of an applicant or any other person in connection with a credit transaction.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1977–2021 · leading case: Carroll v. Exxon Co., USA, 434 F. Supp. 557 (E.D. La. 1977).
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Carroll v. Exxon Co., USA, 434 F. Supp. 557 (E.D. La. 1977). · cites it 9× “Carroll contends that, in evaluating her credit application, Exxon considered the number of her dependents, which evinces a bias on the basis of marital status in violation of 12 CFR 202.5(f) and 202.5(h). 13 Plaintiff argues that, since it is unusual for an unmarried person to…”
Charlotte Mays v. Buckeye Rural Elec. Coop., Inc. & Frederick B. Parker, 277 F.3d 873 (6th Cir. 2002). · cites it 3× “§ 1691 (a)(1), and provisions of Regulation B of the ECOA, 12 C.F.R. §§ 202.5 (c) and (d); 202.9(a), (b), and (c); and 202.”
Rubino v. Circuit City Stores, Inc., 758 N.E.2d 1 (Ill. App. Ct. 2001). · cites it 2× “See 12 C.F.R. §§ 202.5 (b), (c), (d) (1999). The credit qualifying questions, which plaintiff's complaint alleges Circuit City's sales associate asked plaintiff, were limited to those permitted by the Federal Equal Credit Opportunity Act.”
Owens v. Magee Fin. Serv. of Bogalusa, Inc., 476 F. Supp. 758 (E.D. La. 1979). “he settlement document as a condition of the creditworthiness of Mad-dock (a factual finding that this Court cannot legitimately make from the facts and circumstances presented to the Court) plaintiff Maddock’s reasonable feeling that this was the basis upon which she was being…”
Lois J. Haynes, for Herself & All Others Similarly Situated, Plaintiffs v. Bank of Wedowee, a State Bank, 634 F.2d 266 (5th Cir. 1981). “12 CFR § 202.5 (c)(2). Appellant urges that the third exception-the only one relevant-is not applicable because any doubt that her income was repaying the loan was removed when she responded to the bank president’s inquiry about her husband’s bankruptcy with the statement that…”
United States v. Am. Future Sys., Inc., 571 F. Supp. 551 (E.D. Pa. 1983). “Requesting the marital status of applicants for individual, unsecured credit, except as permitted under the circumstances outlined in Regulation B, 12 C.F.R. § 202.5 (d); 3. Suggesting or recommending to any applicant that she or he obtain a co-signer unless an objective…”
Helen D. Harbaugh & John P. Harbaugh v. Cont'l Illinois Nat'l Bank & Trust Co. of Chicago, a Nat'l Banking Ass'n, 615 F.2d 1169 (7th Cir. 1980). · cites it 2× “Regulation B, 12 C.F.R. § 202.5 (d)(1) (1978), provides that if an applicant applies for an individual account, “a creditor shall not request the applicant’s marital status.”
Wallach v. Altmeyer (In Re Altmeyer), 268 B.R. 349 (Bankr. W.D.N.Y. 2001). “See 12 C.F.R. § 202.5 . In the present instance, however, the required inquiry is for information that is relevant not by reason of a spousal relationship, but by reason of Sandra Altmeyer’s status as a transferor.”
Vander Missen v. Kellogg-Citizens Nat'l Bank, 481 F. Supp. 742 (E.D. Wis. 1979). “The creditor’s duty regarding information provided to prospective clients is limited to that in 12 C.F.R. § 202.5 (a), under which a creditor shall not make an oral or written statement which would discourage, on a prohibited basis, a reasonable person from making or pursuing an…”
Anchor Sav. & Loan Ass'n v. Equal Opportunities Comm'n, 343 N.W.2d 122 (Wis. Ct. App. 1983). · cites it 2× “Although federal law allows lenders to inquire into an applicant's family maintenance obligations, see 12 C.F.R. § 202.5 (d) (1), it does not follow that federal law also allows lenders to base a divorced applicant's creditworthiness on those factors without also considering…”
Juarez v. Soc. Fin., Inc. (N.D. Cal. 2021). “” See 12 C.F.R. § 202.5 (e). The Court has some concerns that this regulation could be 19 read to conflict with § 1981.”
Garcia v. Harborstone Credit Union (W.D. Wash. 2021). “9 at 6 5 (citing 12 C.F.R. § 202.5 (e)). Harborstone argues that it only considers immigration 6 status and that it does lend to non-citizen permanent residents.”
Show all 13 citing cases →
— 12 C.F.R. § 202.5(f) — 1 case
Carroll v. Exxon Co., USA, 434 F. Supp. 557 (E.D. La. 1977). “Carroll contends that, in evaluating her credit application, Exxon considered the number of her dependents, which evinces a bias on the basis of marital status in violation of 12 CFR 202.5(f) and 202.5(h). 13 Plaintiff argues that, since it is unusual for an unmarried person to…”
— 12 C.F.R. § 202.5(h) — 1 case
Carroll v. Exxon Co., USA, 434 F. Supp. 557 (E.D. La. 1977). “Carroll contends that, in evaluating her credit application, Exxon considered the number of her dependents, which evinces a bias on the basis of marital status in violation of 12 CFR 202.5(f) and 202.5(h). 13 Plaintiff argues that, since it is unusual for an unmarried person to…”
— 12 C.F.R. § 202.5(m)(2) — 1 case
Carroll v. Exxon Co., USA, 434 F. Supp. 557 (E.D. La. 1977). “Carroll contends that, in evaluating her credit application, Exxon considered the number of her dependents, which evinces a bias on the basis of marital status in violation of 12 CFR 202.5(f) and 202.5(h). 13 Plaintiff argues that, since it is unusual for an unmarried person to…”
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