(a) In general. A creditor does not obtain medical information in violation of the
prohibition if it receives medical information pertaining to a consumer in
connection with any determination of the consumer’s eligibility, or continued
eligibility, for credit without specifically requesting medical
information.
(b) Use of unsolicited medical information. A creditor that receives unsolicited medical information in the manner
described in paragraph (a) of this section may use that information in
connection with any determination of the consumer’s eligibility, or continued
eligibility, for credit to the extent the creditor can rely on at least one
of the exceptions in section 232.3 or section 232.4.
(c) Examples. A creditor does not obtain medical information in violation of the
prohibition if, for example—
(1) in response to a general question regarding a consumer’s debts or
expenses, the creditor receives information that the consumer owes a debt to
a hospital;
(2) in a conversation with the creditor’s loan officer, the consumer
informs the creditor that the consumer has a particular medical
condition;
(3) in connection with a consumer’s application for an extension of credit,
the creditor requests a consumer report from a consumer reporting agency and
receives medical information in the consumer report furnished by the agency
even though the creditor did not specifically request medical information
from the consumer reporting agency.
