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CFPB Issues Memo to Increase Consumer Protections

The Consumer Financial Protection Bureau [1] (CFPB) has recently published an advisory opinion to affirm that the Equal Credit Opportunity Act (ECOA) bars lenders from discriminating against customers after they have received a loan, not just during the application process.

“The CFPB is ramping up its efforts to issue guidance and advisory opinions to assist entities with understanding their obligations under the law,” said CFPB Director Rohit Chopra. “Today’s advisory opinion and accompanying analysis makes clear that anti-discrimination protections do not vanish once a customer obtains a loan.”

In 2020, the CFPB issued an Advisory Opinion policy —one of many types of guidance documents that the agency issues to provide market participants with information about the application of federal consumer financial laws.

ECOA has helped consumers obtain credit on fair terms since 1974. Throughout its near 50-year history, ECOA has protected people and businesses against discrimination when seeking, applying for, and using credit.

ECOA bans credit discrimination on the basis of race, color, religion, national origin, sex, marital status, and age. It also protects those who are receiving money from any public assistance program or exercising their rights under certain consumer protection laws.

The CFPB issued today’s advisory opinion and accompanying analysis to clarify that ECOA protects people from discrimination in all aspects of a credit arrangement.

The advisory opinion is consistent with a recent legal brief filed by the CFPB, the Federal Trade Commission, the Federal Reserve Board of Governors, and the U.S. Department of Justice.

The advisory opinion states that ECOA:

To read the full advisory opinion, click here [2].