Microfinance Practice: [MFP] The Equal Credit Opportunity Act / USA

We in the sector have often talked and debated about ‘right to capital or a loan’, and if that is indeed a right, or is rather a privilege that one must earn by building one’s credit worthiness. Some years ago, Prof. Yunus had created quite a debate by saying that it can be considered as a fundamental right.

Regardless of that debate, here is this example, from USA, of this Equal Credit Opportunity Act; which does not give a right to borrow, but at the same time, stops the lending institutions from discriminating against any group of people or individual for accessing credit.

Federal Fair Lending Regulations and Statutes

Equal Credit Opportunity

The Equal Credit Opportunity Act (ECOA) of 1974, which is implemented by the Board’s Regulation B, applies to all creditors. The statute requires financial institutions and other firms engaged in the extension of credit to ‘‘make credit equally available to all creditworthy customers without regard to sex or marital status.’’ Moreover, the statute makes it unlawful for ‘‘any creditor to discriminate against any applicant with respect to any aspect of a credit transaction (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant’s income derives from any public assistance program; or (3) because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.’’

Read on for more details…

http://www.federalreserve.gov/boarddocs/supmanual/cch/fair_lend_reg_b.pdf

I wonder if such / similar laws exist in other countries; and what have been practical implications of this Act in USA? Will look forward to hear back.

Best,

anuj

Anuj K. Jain

Sr. Coady Fellow| Microfinance and Development| COADY International Institute

St. Francis Xavier University, Antigonish, Nova Scotia, B2G 2W5| Ph: 902-872-0521