Ecoa

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(a) General rules--(1) Requests for information

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Except as provided in paragraphs (b) through (d) of this section, a creditor may request any information in connection with a credit transaction

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(2) Required collection of information

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Notwithstanding paragraphs (b) through (d) of this section, a creditor shall request information for monitoring purposes as required by § 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.

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(3)Special-purpose credit

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. A creditor may obtain information that is otherwise restricted to determine eligibility for a special purpose credit program, as provided in § 202.8(b), (c), and (d).

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(b) Limitation on information about race, color, religion, national origin, or sex.

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. 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.

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(1) Self-test

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. 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 § 202.15. A creditor that makes such an inquiry shall disclose orally or in writing, at the time the information is requested, that:

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(1) Self-test i

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The applicant will not be required to provide the information;

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(1) Self-test ii

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The creditor is requesting the information to monitor its compliance with the federal Equal Credit Opportunity Act;

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(1) Self-test iii

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) 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

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(1) Self-test iv

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If applicable, certain information will be collected based on visual observation or surname if not provided by the applicant or other person.

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(2) Sex

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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

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. Except as permitted in this paragraph, a creditor may not request any information concerning the spouse or former spouse of an applicant.

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(2) Permissible inquiries

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A creditor may request any information concerning an applicant's spouse (or former spouse under paragraph (c)(2)(v) of this section) that may be requested about the applicant if:

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(2) Permissible inquiries i and ii

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(i) The spouse will be permitted to use the account; (ii) The spouse will be contractually liable on the account;

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(2) Permissible inquiries iii

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(iii) The applicant is relying on the spouse's income as a basis for repayment of the credit requested;

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(2) Permissible inquiries iv and v

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(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.