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Credit Discrimination: VIRGINIA

Consumer Credit: Va. Code Ann. §§ 6.2-500 to 6.2-513

Protected Classes: Race, color, religion, national origin, sex, marital status, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, veteran status, public welfare recipients, or age (provided there is capacity to contract).

Credit Discrimination: WASHINGTON

Civil Rights: Wash. Rev. Code §§ 49.60.010 to 49.60.401; Wash. Rev. Code §§ 49.60.030(1)(d), 49.60.175, 49.60.176 (credit transactions)

Credit Discrimination: WEST VIRGINIA

Fair Housing: W. Va. Code §§ 5-11A-1 to 5-11A-20 (§ 5-11A-5)

Protected Classes: Sex, race, color, religion, blindness, disability, familial status, ancestry, or national origin.

Prohibited Practices: Discrimination against member of protected class in the terms, conditions, or privileges of sale or rental of a dwelling or in providing related services or facilities. § 5-11A-5.

Credit Discrimination: WISCONSIN

Consumer Credit: Wis. Stat. § 138.20

Protected Classes: Physical condition, developmental disability, sex, or marital status (unless there is no legal capacity to contract).

Prohibited Practices: Discriminating in the granting or extension of credit or privilege or capacity to obtain credit. Incorporates violation of Wis. Stat. § 766.56(1) (credit transactions with married persons) as a violation.

Credit Discrimination: WYOMING

Fair Housing: Wyo. Stat. Ann. § 40-26-101 to § 40-26-145 (§ 40-26-103)

Protected Classes: Race, color, religion, sex, disability, familial status, or national origin.

Prohibited Practices: Discriminating in the terms, conditions, or privileges or sale or rental of a dwelling or in providing services or facilities in connection with sale or rental.

Scope of Coverage: Persons (not defined).

Credit Discrimination: I.1 Introduction

The following information was prepared by federal government regulators to inform consumers about credit discrimination laws. The information can be ordered directly from the relevant agencies.

Credit Discrimination: I.2 Equal Credit Opportunity

The following information was prepared by the Federal Trade Commission’s (FTC) Bureau of Consumer Protection, and may be found on the FTC’s website at www.ftc.gov.

Your Equal Credit Opportunity Rights

People use credit to pay for education or a house, a remodeling job or a car, or to finance a loan to keep their business operating.

Credit Discrimination: Understanding Your Rights to Fair Lending

Federal law protects every homebuyer looking for a mortgage loan against discrimination on the basis of race, color, national origin, religion, sex, marital status, age, receipt of public assistance funds, familial status (having children under the age of 18), handicap, or exercising your rights under other consumer credit protection laws. Lenders may not take any of these factors into account in their dealings with you.

Credit Discrimination: Private fair housing groups

Often these groups can walk you through the mortgage process. They can also help you understand whether your experience suggests that the lender is discriminating unlawfully, and can help you decide whether to file a complaint.

Credit Discrimination: Attorneys

They can advise you whether the treatment you received gives you legal grounds for bringing a lawsuit against the lender. They can tell you about monetary damages and other types of relief available to individuals who can prove that illegal discrimination occurred.

Credit Discrimination: Federal or state enforcement agencies

They can check the activities of mortgage lenders to make sure they complied with the laws against lending discrimination. When you write, include your name and address; name and address of the lending institution you are complaining about; address of the house involved; and a short description and the date of the alleged violation.

Credit Discrimination: Federal Laws Against Discrimination in Home Financing

The Fair Housing Act prohibits discrimination in housing sales or loans on the basis of race, religion, color, national origin, sex, familial status (having children under the age of 18), or handicap.

The Equal Credit Opportunity Act prohibits discrimination in any aspect of a credit transaction on the basis of race, religion, age, color, national origin, receipt of public assistance funds, sex, marital status, or the exercise of any right under the Consumer Credit Protection Act.

DIRECTORY OF FEDERAL AGENCIES

Credit Discrimination: Introduction and Listing of Provisions

This appendix reprints the current version of federal credit discrimination statutes—the Equal Credit Opportunity Act (ECOA), the Fair Housing Act, and Civil Rights Acts, 42 U.S.C. §§ 1981, 1982, 1988.

Title 15—Commerce and Trade

* * *

Chapter 41—Consumer Credit Protection

§ 1691 note. Short title

§ 1691 note. Findings and purpose

§ 1691. Scope of prohibition

§ 1691a. Definitions; rules of construction

Credit Discrimination: § 1691 note. Findings and purpose

The Congress finds that there is a need to insure that the various financial institutions and other firms engaged in the extensions of credit exercise their responsibility to make credit available with fairness, impartiality, and without discrimination on the basis of sex or marital status.

Credit Discrimination: § 1691. Scope of prohibition

(a) Activities constituting discrimination

It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction—

(1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract);

(2) because all or part of the applicant’s income derives from any public assistance program; or

Credit Discrimination: § 1691a. Definitions; rules of construction

(a) The definitions and rules of construction set forth in this section are applicable for the purpose of this subchapter.

(b) The term “applicant” means any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.

(c) The term “Bureau” means the Bureau of Consumer Financial Protection.

Credit Discrimination: § 1691b. Promulgation of Regulations by the Bureau

(a) The Bureau shall prescribe regulations to carry out the purposes of this subchapter. These regulations may contain but are not limited to such classifications, differentiation, or other provision, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate or substantiate compliance therewith.

Credit Discrimination: § 1691c. Administrative enforcement

(a) Enforcing agencies

Subject to subtitle B of the Consumer Protection Financial Protection Act of 2010 with the requirements imposed under this subchapter shall be enforced under:

(1) Section 8 of the Federal Deposit Insurance Act, by the appropriate Federal banking agency, as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to—

Credit Discrimination: § 1691c-2. Small business loan data collection

(a) Purpose

The purpose of this section is to facilitate enforcement of fair lending laws and enable communities, governmental entities, and creditors to identify business and community development needs and opportunities of women-owned, minority-owned, and small businesses.

(b) Information gathering

Credit Discrimination: § 1691e. Civil liability

(a) Individual or class action for actual damages

Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.

Credit Discrimination: § 1691f. Annual reports to Congress; contents

Each year, the Bureau and the Attorney General shall, respectively, make reports to the Congress concerning the administration of their functions under this subchapter, including such recommendations as the Bureau and the Attorney General, respectively, deem necessary or appropriate.