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Fair Lending

The Equal Credit Opportunity Act and the Fair Housing Act are designed to protect consumers from unfair or discriminatory lending practices. Two primary laws govern fair lending practices:
  • Equal Credit Opportunity Act (ECOA)/Regulation B
    ECOA, enacted in 1974, prohibits discrimination based on race, color, religion, national origin, sex, marital status, age, source of income or whether a person exercises rights granted under the Consumer Credit Protection Act for any credit transaction and through the life of the loan.
  • Fair Housing Act (FHA)
    The Fair Housing Act is part of the Civil Rights Act of 1968. The FHA makes it unlawful for any lender to discriminate in housing-related lending activities against any persons because of their race, color, religion, national origin, handicap, family status or sex.


 Recent Developments


 The Basics




Exam Procedures




Staff Analysis

Agency Materials

Other ABA Resources

  • ABA's Fair Lending Working Group
    The group holds regular conference calls to discuss fair lending issues in order to identify concerns, discuss regulatory expectations, and address problems banks face in addressing fair lending.  This is especially important in today’s environment when public demands, regulatory expectations and the political environment all seem to present moving targets. Calls are now held on the second Wednesdays of every other month at 1:30 p.m. ET. Staff Contacts: Rob Rowe and Rick Freer. Email Grace Marasigan to join.
  • ABA's Enforcement Action Database
  • ABA White Paper (April 2017)
  • ABA Files Amicus Brief on Disparate Impact (7/15/16)
  • ABA and Trade Groups Share New Study that Finds CFPB 'Overstates' Auto Loan Discrimination (February 2015)
  • Fair Lending Toolbox





Questions? Please contact Rob Rowe, Mark Kruhm, or Rick Freer for more information.