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- @049 CHAP 9
-
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- │ CONSUMER CREDIT LAWS AND REGULATIONS │
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-
- Many of the largest and most successful companies in America
- have gotten where they are, in part, by providing consumer
- credit to persons who buy their products. Classic examples
- would include such giant companies as General Motors and
- Sears, although large numbers of smaller companies have
- also found that financing their customers' purchases can
- be a major boon to sales and that the interest earned on
- such credit can also become an important profit center in
- its own right.
-
- By consumer credit, we are not referring here to the prac-
- tice that is common, particularly in service businesses,
- of allowing a client or customer to "charge it" and pay you
- at the end of the month, which may or may not make sense in
- your particular business, and which is largely unregulated
- by the government.
-
- Instead, the following discussion deals with the situation
- where your business extends credit and charges interest
- during the period over which the loan amount (or amount
- financed) is being paid off by the customer.
-
-
- EQUAL CREDIT OPPORTUNITY LAWS
-
- If your business is engaged in providing consumer credit,
- note that you will most likely be subject to the provisions
- of the federal Equal Credit Opportunity Act (ECOA). In
- general, ECOA prohibits discrimination in credit transac-
- tions on the basis of race, color, religion, national ori-
- gin, sex, age or marital status. The basic principle of
- this law is that each person applying for credit must be
- considered as an individual. This means, primarily, that
- there are very strict limits regarding what you may ask
- about marital status and about the spouse of the applicant.
- (You may ask about marital status, but only to determine
- what rights and remedies you might have as a creditor --
- such as in a community property state -- but not to de-
- termine the creditworthiness of the applicant.)
-
- ECOA also forbids discrimination in providing credit be-
- cause some or all some or all of the applicant's income de-
- rives from public assistance programs, or because a person
- exercised a right, in good faith, under the Consumer Credit
- Protection Act.
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