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15 Cards in this Set

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(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 credit transaction
(2) Required collection of information
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.
(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 § 202.8(b), (c), and (d).
(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 § 202.15. A creditor that makes such an inquiry shall disclose orally or in writing, at the time the information is requested, that:
(1) Self-test i
The applicant will not be required to provide the information;
(1) Self-test ii
The creditor is requesting the information to monitor its compliance with the federal Equal Credit Opportunity Act;
(1) Self-test 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
(1) Self-test 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.
(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) of this section) that may be requested about the applicant if:
(2) Permissible inquiries i and ii
(i) The spouse will be permitted to use the account; (ii) The spouse will be contractually liable on the account;
(2) Permissible inquiries iii
(iii) The applicant is relying on the spouse's income as a basis for repayment of the credit requested;
(2) Permissible inquiries iv and v
(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.