15 U.S.C. § 1691a

Definitions; rules of construction

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(a) The definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.(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 “Bureau” means the Bureau of Consumer Financial Protection.(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 subchapter or any provision thereof includes reference to the regulations of the Bureau under this subchapter or the provision thereof in question.(Pub. L. 90–321, title VII, § 702, as added Pub. L. 93–495, title V, § 503, Oct. 28, 1974, 88 Stat. 1522; amended Pub. L. 111–203, title X, § 1085(1), (2), July 21, 2010, 124 Stat. 2083.)Editorial NotesAmendments

2010—Subsec. (c). Pub. L. 111–203, § 1085(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “The term ‘Board’ refers to the Board of Governors of the Federal Reserve System.”

Subsec. (g). Pub. L. 111–203, § 1085(1), substituted “Bureau” for “Board”.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Notes of Decisions
Cited in 177 cases (45 in the last 5 years), 1980–2026 · leading case: Tina Alexander v. Ameripro Funding, Incorpo, 848 F.3d 698 (5th Cir. 2017).
Tina Alexander v. Ameripro Funding, Incorpo, 848 F.3d 698 (5th Cir. 2017). · cites it 5× ““Applicant” is defined as “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.”
Valerie Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937 (8th Cir. 2014). · cites it 8× “” 15 U.S.C. § 1691a(b). Interpreting this statutory definition, the Federal Reserve Bank promulgated 12 C.”
Swanson v. Citibank, N.A., 614 F.3d 400 (7th Cir. 2010). · cites it 2× “(The appraisal defendants point out that they do not extend credit, and thus their actions are not covered in any event by the Equal Credit Opportunity Act, 15 U.S.C. § 1691a(e).) The Fair Housing Act makes it "unlawful for any person or other entity whose business includes…”
Regions Bank v. Legal Outsource PA, 936 F.3d 1184 (11th Cir. 2019). · cites it 4× “We discuss only our reasons for concluding that the district court correctly granted summary judgment against Lisa Phoenix’s counterclaims on the ground that a guarantor is not an “applicant” for credit within the meaning of the Act, see 15 U.S.C. § 1691a(b). The Equal Credit…”
SeTara Tyson v. Sterling Rental, 836 F.3d 571 (6th Cir. 2016). · cites it 4× “, 15 U.S.C. § 1691a(b) (defining an "applicant” entitled to protection under the Act without reference to the truth of the information supporting her application for credit); 12 C.”
Marissa Bibbs v. Trans Union LLC, 43 F.4th 331 (3rd Cir. 2022). · cites it 2× “If that were the case, individuals other than typical sophisticated creditors would not be allowed to access individuals’ credit Section 1681a states that the term “creditor” has the same 13 meaning under 15 U.S.C.A. § 1691a. 14 The full definition provides that a “person” under…”
Karun N. Jackson v. Specialized Loan Servicing LLC, 898 F.3d 1348 (11th Cir. 2018). “" Plaintiffs made diligent efforts to determine whether SLS's default notices were mere clerical errors or represented SLS's termination of the loan modification agreement.”
RL BB Acquisition, LLC v. Bridgemill Commons Dev. Grp., LLC, 754 F.3d 380 (6th Cir. 2014). · cites it 3× “See 15 U.S.C. § 1691a(b). Regulation B, however, contains its own definition of “applicant,” and that definition allows guarantors to sue for violations of the spouse-guarantor rule.”
Teresa Barney & Randy Barney, Bonita Waldron, on Behalf of Themselves & Others Similarly Situated, Intervenor-Appellant v. Holzer Clinic, Ltd., 110 F.3d 1207 (6th Cir. 1997). · cites it 3× “” 15 U.S.C. § 1691a(b). Regulation B provides a slightly different definition: “Applicant means any person who requests or who has received an extension of credit from a creditor, and includes any person who is or may become contractually liable regarding an extension of credit.”
Lott Johnson v. Sonny Perdue, 862 F.3d 712 (8th Cir. 2017). · cites it 2× “15 U.S.C. § 1691a(e). The ECOA’s implementing regulations further define a creditor as “a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.”
Travelers Prop. Cas. Co. of Am. v. Ther Kansas City Landsmen, L.L.C., 592 F. App'x 876 (11th Cir. 2015). · cites it 4× “§ 1681a(r)(5) (incorporating by reference definitions of “credit” and “creditor” contained at 15 U.S.C. § 1691a with 15 U.S.C. § 1602 (f), (g) (setting forth its own definitions of the terms “credit” and “creditor,” respectively).”
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013). · cites it 2× “The ECOA defines “credit” to mean “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.”
— 15 U.S.C. § 1691a(4) — 1 case
Johnson v. Rov Main, Inc (E.D. Pa. 2023).
— 15 U.S.C. § 1691a(a) — 2 cases
— 15 U.S.C. § 1691a(b) — 63 cases
Valerie Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937 (8th Cir. 2014). “” 15 U.S.C. § 1691a(b). Interpreting this statutory definition, the Federal Reserve Bank promulgated 12 C.”
Regions Bank v. Legal Outsource PA, 936 F.3d 1184 (11th Cir. 2019). “We discuss only our reasons for concluding that the district court correctly granted summary judgment against Lisa Phoenix’s counterclaims on the ground that a guarantor is not an “applicant” for credit within the meaning of the Act, see 15 U.S.C. § 1691a(b). The Equal Credit…”
Tina Alexander v. Ameripro Funding, Incorpo, 848 F.3d 698 (5th Cir. 2017). ““Applicant” is defined as “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.”
RL BB Acquisition, LLC v. Bridgemill Commons Dev. Grp., LLC, 754 F.3d 380 (6th Cir. 2014). “See 15 U.S.C. § 1691a(b). Regulation B, however, contains its own definition of “applicant,” and that definition allows guarantors to sue for violations of the spouse-guarantor rule.”
Germain v. M & T Bank Corp., 111 F. Supp. 3d 506 (S.D.N.Y. 2015).
— 15 U.S.C. § 1691a(d) — 45 cases
Karun N. Jackson v. Specialized Loan Servicing LLC, 898 F.3d 1348 (11th Cir. 2018). “" Plaintiffs made diligent efforts to determine whether SLS's default notices were mere clerical errors or represented SLS's termination of the loan modification agreement.”
Schlegel Ex Rel. Schlegel v. Wells Fargo Bank, NA, 720 F.3d 1204 (9th Cir. 2013).
Rockridge Trust v. Wells Fargo, N.A., 985 F. Supp. 2d 1110 (N.D. Cal. 2013). “The ECOA defines “credit” to mean “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.”
RL BB Acquisition, LLC v. Bridgemill Commons Dev. Grp., LLC, 754 F.3d 380 (6th Cir. 2014). “See 15 U.S.C. § 1691a(b). Regulation B, however, contains its own definition of “applicant,” and that definition allows guarantors to sue for violations of the spouse-guarantor rule.”
— 15 U.S.C. § 1691a(e) — 84 cases
Swanson v. Citibank, N.A., 614 F.3d 400 (7th Cir. 2010). “(The appraisal defendants point out that they do not extend credit, and thus their actions are not covered in any event by the Equal Credit Opportunity Act, 15 U.S.C. § 1691a(e).) The Fair Housing Act makes it "unlawful for any person or other entity whose business includes…”
Tina Alexander v. Ameripro Funding, Incorpo, 848 F.3d 698 (5th Cir. 2017). ““Applicant” is defined as “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.”
SeTara Tyson v. Sterling Rental, 836 F.3d 571 (6th Cir. 2016). “, 15 U.S.C. § 1691a(b) (defining an "applicant” entitled to protection under the Act without reference to the truth of the information supporting her application for credit); 12 C.”
Lott Johnson v. Sonny Perdue, 862 F.3d 712 (8th Cir. 2017). “15 U.S.C. § 1691a(e). The ECOA’s implementing regulations further define a creditor as “a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.”
Marissa Bibbs v. Trans Union LLC, 43 F.4th 331 (3rd Cir. 2022). “If that were the case, individuals other than typical sophisticated creditors would not be allowed to access individuals’ credit Section 1681a states that the term “creditor” has the same 13 meaning under 15 U.S.C.A. § 1691a. 14 The full definition provides that a “person” under…”
— 15 U.S.C. § 1691a(f) — 9 cases
Coleman v. Gen. Motors Acceptance Corp., 220 F.R.D. 64 (M.D. Tenn. 2004).
Williams v. Conner, 522 F. Supp. 2d 92 (D.D.C. 2007).
Integra Bank/Pittsburgh v. Freeman, 839 F. Supp. 326 (E.D. Pa. 1993).
BayBank v. Bornhofft, 694 N.E.2d 854 (Mass. 1998).
United States v. Am. Future Sys., Inc., 571 F. Supp. 551 (E.D. Pa. 1983).
— 15 U.S.C. § 1691a(g) — 3 cases
Diaz v. Paragon Motors of Woodside, Inc., 424 F. Supp. 2d 519 (E.D.N.Y 2006).
Osborne v. Bank of Am., Nat'l Ass'n, 234 F. Supp. 2d 804 (M.D. Tenn. 2002).
Davis v. Reg'l Acceptance Corp., 300 F. Supp. 2d 377 (E.D. Va. 2002).
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