(a) General rules.
(1)
Requests
for information. Except as provided in paragraphs (b) through
(d) of this section, a creditor may request any information in connection
with a transaction.
1(2) Required
collection of information. Notwithstanding paragraphs (b) through
(d) of this section, a creditor shall request information for monitoring
purposes as required by section 202.13 for credit secured by the applicant’s
dwelling. In addition, a creditor may obtain information required
by a regulation, order, or agreement issued by, or entered into with,
a court or an enforcement agency (including the attorney general of
the United States or a similar state official) to monitor or enforce
compliance with the act, this regulation, or other federal or state
statutes or regulations.
(3) Special-purpose credit. A creditor
may obtain information that is otherwise restricted to determine eligibility
for a special-purpose credit program, as provided in section 202.8(b),
(c), and (d).
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(b) Limitation
on information about race, color, religion, national origin, or sex. A creditor shall not inquire about the race, color, religion, national
origin, or sex of an applicant or any other person in connection with
a credit transaction, except as provided in paragraphs (b)(1) and
(b)(2) of this section.
(1) Self-test. A creditor may inquire about the race, color, religion, national
origin, or sex of an applicant or any other person in connection with
a credit transaction for the purpose of conducting a self-test that
meets the requirements of section 202.15. A creditor that makes such
an inquiry shall disclose orally or in writing, at the time the information
is requested, that—
(i) the applicant will not be required
to provide the information;
(ii) the creditor is requesting the
information to monitor its compliance with the federal Equal Credit
Opportunity Act;
(iii) federal law prohibits the creditor from discriminating on the
basis of this information, or on the basis of an applicant’s decision
not to furnish the information; and
(iv) if applicable, certain information
will be collected based on visual observation or surname if not provided
by the applicant or other person.
(2) Sex. An applicant may be requested to designate a title on an application
form (such as Ms., Miss, Mr., or Mrs.) if the form discloses that
the designation of a title is optional. An application form shall
otherwise use only terms that are neutral as to sex.
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(c) Information about a spouse or former
spouse.
(1) General rule. Except as permitted in this paragraph, a creditor may not request
any information concerning the spouse or former spouse of an applicant.
(2) Permissible inquiries. A creditor may request
any information concerning an applicant’s spouse (or former spouse
under paragraph (c)(2)(v)) that may be requested about the applicant
if—
(i) the spouse will be permitted to
use the account;
(ii) the spouse will be contractually liable on the account;
(iii) the applicant is relying
on the spouse’s income as a basis for repayment of the credit requested;
(iv) the applicant
resides in a community property state or is relying on property located
in such a state as a basis for repayment of the credit requested;
or
(v) the applicant
is relying on alimony, child support, or separate maintenance payments
from a spouse or former spouse as a basis for repayment of the credit
requested.
(3) Other accounts of the applicant. A creditor may request that an applicant list any account on which
the applicant is contractually liable and to provide the name and
address of the person in whose name the account is held. A creditor
may also ask an applicant to list the names in which the applicant
has previously received credit.
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(d) Other limitations on information requests.
(1) Marital status. If an applicant applies for individual unsecured
credit, a creditor shall not inquire about the applicant’s marital
status unless the applicant resides in a community property state
or is relying on property located in such a state as a basis for repayment
of the credit requested. If an application is for other than individual
unsecured credit, a creditor may inquire about the applicant’s marital
status, but shall use only the terms married, unmarried, and separated. A creditor may explain that the category unmarried includes single, divorced, and widowed persons.
(2) Disclosure about income from alimony, child
support, or separate maintenance. A creditor shall not inquire
whether income stated in an application is derived from alimony, child
support, or separate maintenance payments unless the creditor discloses
to the applicant that such income need not be revealed if the applicant
does not want the creditor to consider it in determining the applicant’s
creditworthiness.
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(3) Childbearing, childrearing. A creditor
shall not inquire about birth control practices, intentions concerning
the bearing or rearing of children, or capability to bear children.
A creditor may inquire about the number and ages of an applicant’s
dependents or about dependent-related financial obligations or expenditures,
provided such information is requested without regard to sex, marital
status, or any other prohibited basis.
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(e) Permanent-residency and immigration
status. A creditor may inquire about the permanent-residency
and immigration status of an application or any other person in connection
with a credit transaction.
