Consumer Law Library
Equal Credit Opportunity Act (ECOA)
The ECOA guarantees that you are judged on your creditworthiness — not on who you are.
What the ECOA prohibits
The Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.), Title VII of the Consumer Credit Protection Act, makes it illegal for a creditor to discriminate in any part of a credit transaction on the basis of:
- Race or color
- Religion
- National origin
- Sex
- Marital status
- Age (if you are old enough to enter a contract)
- Receiving income from a public assistance program
- Having exercised, in good faith, your rights under the Consumer Credit Protection Act
Your rights when you apply
- A decision and notice: creditors generally must notify you of action on a completed application within 30 days.
- Specific reasons: if you are denied, you have the right to the specific reasons, or to request them within 60 days. “You didn’t meet our standards” is not enough.
- Your own credit: a creditor generally may not require your spouse’s signature if you qualify on your own.
- All income counts: creditors must consider reliable income from part-time work, alimony, child support and public assistance.
Remedies
An applicant may recover actual damages, punitive damages of up to $10,000 in an individual action, and attorney’s fees. Lawsuits generally must be filed within 5 years. You can also file complaints with the CFPB.
Sources: Equal Credit Opportunity Act, 15 U.S.C. §§ 1691–1691f; Regulation B, 12 C.F.R. part 1002.
Put the law to work for your credit
Our free assessment shows you which of these protections apply to your reports.
