This bill aims to significantly strengthen the Equal Credit Opportunity Act (ECOA) by establishing an Office of Fair Lending Testing within the Bureau of Consumer Financial Protection (CFPB). This new office will conduct compliance testing of creditors using individuals posing as prospective borrowers to gather information, referring potential violations to the Attorney General for appropriate action. The legislation expands the prohibited bases for credit discrimination under ECOA to include sexual orientation, gender identity, ZIP Code, census tract , and income derived from public assistance programs. It also broadens the definition of an "aggrieved person" to ensure that individuals and organizations injured by discriminatory practices, or those who believe they will be injured, can seek relief. Furthermore, the bill introduces new criminal penalties for ECOA violations, including fines up to $50,000 and imprisonment for individual violations, and up to $100,000 per violation and 20 years imprisonment for patterns or practices. Executive officers and directors can face personal liability, including fines based on compensation and up to 5 years imprisonment, for knowingly causing such patterns or practices. Finally, the bill mandates that the CFPB review loan applications and processes to prevent ECOA violations, prohibiting non-compliant practices and taking enforcement actions. It also expands Home Mortgage Disclosure Act data collection to include sexual orientation, gender identity, and ZIP Code, enhancing transparency in lending practices.
Referred to the House Committee on Financial Services.
Finance and Financial Sector
Fair Lending for All Act
USA119th CongressHR-166| House
| Updated: 1/3/2025
This bill aims to significantly strengthen the Equal Credit Opportunity Act (ECOA) by establishing an Office of Fair Lending Testing within the Bureau of Consumer Financial Protection (CFPB). This new office will conduct compliance testing of creditors using individuals posing as prospective borrowers to gather information, referring potential violations to the Attorney General for appropriate action. The legislation expands the prohibited bases for credit discrimination under ECOA to include sexual orientation, gender identity, ZIP Code, census tract , and income derived from public assistance programs. It also broadens the definition of an "aggrieved person" to ensure that individuals and organizations injured by discriminatory practices, or those who believe they will be injured, can seek relief. Furthermore, the bill introduces new criminal penalties for ECOA violations, including fines up to $50,000 and imprisonment for individual violations, and up to $100,000 per violation and 20 years imprisonment for patterns or practices. Executive officers and directors can face personal liability, including fines based on compensation and up to 5 years imprisonment, for knowingly causing such patterns or practices. Finally, the bill mandates that the CFPB review loan applications and processes to prevent ECOA violations, prohibiting non-compliant practices and taking enforcement actions. It also expands Home Mortgage Disclosure Act data collection to include sexual orientation, gender identity, and ZIP Code, enhancing transparency in lending practices.