Credit Discrimination: 11.8.4.3.3.7 Other relevant factors
The ECOA provides that a court shall also consider “other relevant factors,” along with the specific factors discussed above,422 in determining the amount of punitive damages.423 Nothing in the statute, the legislative history, or case law under the ECOA indicates what might constitute other relevant factors, but other potential factors include the parties’ relative bargaining power; the sophistication of the parties, particularly if the client’s primary language is not English; the unavailabili