Credit discrimination is illegal (2024)

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Jermaine L Brown

June 22, 2022

I have been d discriminated against for what I don't know all I'm trying to do is gather the money that is rightfully mine

KMS

June 22, 2022

The problem is its hard to prove. Unless the financial institution is dumb enough to put the illegal things they're doing in writing, all you have to go on is the rejection/bad terms and the excuse they use for that decision. I guess if enough people are able to compare their responses from a financial institution, they might be able to demonstrate a pattern that looks like discrimination, but even then, its hard to prove intent. Many financial institutions use computer programs to make the determination, specifically to insulate themselves from accusations of discrimination. In those instances, it could be something in the program itself, where intentionally or accidentally, some of the factors it looks at when making the decision will cause unfavorable decisions to be more likely to apply to certain protected groups.

Credit discrimination is illegal (2024)

FAQs

Is credit discrimination illegal? ›

Federal laws such as the Equal Credit Opportunity Act of 1974 and the Fair Housing Act of 1968, as amended, prohibit discrimination in providing credit or credit-related services.

Is it illegal for creditors to discriminate? ›

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives ...

What is an example of credit discrimination? ›

Discouraged from applying for credit. Encouraged or told to apply for a type of loan that has less favorable terms (for example, a higher interest rate) Hearing the lender making negative comments about race, national origin, age, sex (including sexual orientation or gender identity), or other protected statuses.

Is denial of credit illegal? ›

Creditors are prohibited from denying credit on the basis of religion, race, national origin, gender, marital status, or source of income. This covers retail installment contracts, credit cards, mortgages and all other types of personal (consumer) loans.

What is unfair credit reporting? ›

A credit reporting agency failing to correct any errors or explain why the credit report is correct within 30 days of receiving a notice of dispute by the consumer. An entity pulls or checks your credit (“hard inquiry”) when you never authorized them to do so.

Is it illegal to discriminate in any credit transaction under the Equal Credit Opportunity Act? ›

This Act (Title VII of the Consumer Credit Protection Act) prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act.

Is it legal for creditors to harass you? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

What is illegal to discriminate against? ›

The law makes it illegal for an employer to make any employment decision because of a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What federal law protects you from unfair discrimination in credit? ›

The Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) protect consumers by prohibiting unfair and discriminatory practices. Read the OCC's "Answers About Consumer Loans" and "Answers About Mortgages and Home Loans" for more information.

What is credit discrimination? ›

prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection ...

Can you sue for being denied credit? ›

Consider suing the creditor in federal district court. If you win, you can recover your actual damages. The court might award you punitive damages under certain circ*mstances. You also may recover reasonable lawyers' fees and court costs.

What is an example of a violation of the Fair Credit Reporting Act? ›

Common violations of the FCRA include:

Failure to update reports after completion of bankruptcy is just one example. Agencies might also report old debts as new and report a financial account as active when it was closed by the consumer. Creditors give reporting agencies inaccurate financial information about you.

Can you sue someone for hurting your credit score? ›

Winning a damaged credit score claim is not easy. But it can be done, and people have won these cases against credit bureaus, lenders, credit reporting agencies, and other related companies. You have rights under the Fair Credit Reporting Act (FCRA) and protection under the Consumer Financial Protection Bureau.

Can a credit company sue you? ›

If you default on your credit card debt and are unable or unwilling to work out an arrangement with your credit card company, you risk being on the receiving end of a debt collection lawsuit. Getting sued by a creditor or collection agency can be an unsettling experience, especially if you don't know what to expect.

Can you sue for credit score? ›

Yes, you may be able to sue a credit reporting agency if they fail to remove inaccurate information from your credit report.

Can employers discriminate against credit score? ›

The general rule in California is that an employer may not consider acquire or consider a person's credit report in making job decisions except for applicants for or employees in: managerial positions. positions with the state Department of Justice. law enforcement positions, including peace officers.

What is credit defamation? ›

The tort of defamation allows a person to recover damages where their reputation is harmed by false written or oral statements of another that are made to a third person. Lenders and creditors who provide information about a person to a credit bureau certainly provide written or oral statements to a third person.

What prohibits discrimination against those applying for credit? ›

The Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) protect consumers by prohibiting unfair and discriminatory practices.

Is the Fair Credit Reporting Act a law? ›

§ 1681 et seq., is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies.

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