Applying for Credit
What Law Applies? |
What Creditors Look For |
Information the Creditor Can't Use |
Special Rules | Discrimination Against Women |
If You're Turned Down
When you're ready to apply for credit, you should know what factors creditors think are important in deciding whether you're creditworthy. You should also know what factors they cannot legally consider in their decisions.
What Law Applies?
The Equal Credit Opportunity Act requires that all credit applicants be considered on the basis of their actual qualifications for credit and not be rejected because of certain personal characteristics.
What Creditors Look For
The Three Cs. Creditors look for an ability to repay debt and a willingness to do so—and sometimes for a little extra security to protect their loans. They speak of the three Cs of credit: capacity, character, and collateral.
Capacity. Can you repay the debt? Creditors ask for employment information: your occupation, how long you've worked, and how much you earn. They also want to know your expenses: how many dependents you have, whether you pay alimony or child support, and the amount of your other obligations.
Character. Will you repay the debt? Creditors will look at your credit history (see section on Credit Histories and Records): how much you owe, how often you borrow, whether you pay bills on time, and whether you live within your means. They also look for signs of stability: how long you've lived at your present address, whether you own or rent your home, and the length of your present employment.
Collateral. Is the creditor fully protected if you fail to repay? Creditors want to know what you may have that could be used to back up or secure your loan and other resources you have for repaying debt other than income, such as savings, investments, or property.
Creditors use different combinations of these facts to reach their decisions. Some set unusually high standards; others simply do not make certain kinds of loans. Creditors also use different rating systems. Some rely strictly on their own instinct and experience. Others use a "credit-scoring" or statistical system to predict whether you're a good credit risk. They assign a certain number of points to each of the various characteristics that have proved to be reliable signs that a borrower will repay. Then they rate you on this scale.
Different creditors may reach different conclusions based on the same set of facts. One may find you an acceptable risk, whereas another may deny you a loan.
Information the Creditor Can't Use
The Equal Credit Opportunity Act does not guarantee that you will get
credit. You must still pass the creditor's tests of creditworthiness.
But the creditor must apply these tests fairly and impartially. The act
bars discrimination based on age, gender, marital status, race, color,
religion, and national origin. The act also bars discrimination because
you receive public income, such as veterans benefits, welfare or social
security, or because you exercise your rights under federal credit
laws, such as filing a billing error notice with a creditor. This
protection means that a creditor may not use any of these grounds as a
- discourage you from applying for a loan
- refuse you a loan if you qualify
- lend you money on terms different from those granted another
person with similar income, expenses, credit history, and collateral
- close an existing account because of age, gender, marital
status, race, color, religion, national origin, receipt of public
income or because you exercise your rights under federal credit laws.
Although creditors may not discriminate on the basis of national
origin, they may consider your immigration status when making a loan
Age. In the past, many older persons have complained about being
denied credit because they were over a certain age. Or when they
retired, they often found their credit suddenly cut off or reduced. So
the law is very specific about how a person's age may be used in credit
A creditor may ask your age, but if you're old enough to sign
a binding contract (usually 18 or 21 years old depending on state law),
a creditor may not:
- turn you down, offer you less credit, or offer you less favorable credit terms because of your age
- ignore your retirement income in evaluating your application
- close your credit account or require you to reapply for it because you reach a certain age or retire
- deny you credit or close your account because credit life
insurance or other credit-related insurance is not available to a
person your age.
Creditors may "score" your age in a credit-scoring system, but if you
are 62 or older you must be given at least as many points for age as
any person under 62.
Because individuals' financial situations can change at different ages,
the law lets creditors consider certain information related to age,
such as how long until you retire or how long your income will
continue. An older applicant might not qualify for a large loan with a
very low down payment and a long term, but might qualify for a smaller
loan, with a larger down payment, and a shorter term. Remember that
although declining income may be a handicap if you are older, you can
usually offer a solid credit history to your advantage. The creditor
has to consider all the facts and apply the usual standards of
creditworthiness to your particular situation.
Public Assistance. You may not be denied credit just because you
receive social security or public assistance, such as Temporary
Assistance to Needy Families (TANF). But as is the case with age,
certain information on this source of income could clearly affect
creditworthiness. A creditor may consider such things as how old your
dependents are (because you may lose benefits when they reach a certain
age) or whether you will continue to meet the eligibility requirements
for receiving benefits.
This information helps the creditor determine the likelihood that your public-assistance income will continue.
Housing Loans. The Equal Credit Opportunity Act covers your
application for a mortgage or home-improvement loan. The act bars
discrimination because of characteristics such as your race, color,
gender or because of the race or national origin of the people in the
neighborhood where you live or want to buy your home. Creditors may not
use any appraisal of the value of the property that considers the race
of the people in the neighborhood.
Also, you are entitled to receive a copy of an appraisal report that
you paid for in connection with an application for credit, provided you
make a written request for the report.
Discrimination against Women
Both men and women are protected from discrimination based on gender
or marital status. But many of the law's provisions were designed to
stop particular abuses that generally made it difficult for women to
get credit. For example, denying credit or offering less favorable
credit terms based on the misperception that single women ignore their
debts when they marry, or that a woman's income "doesn't count" because
she'll stop work to have and raise children, is unlawful in credit
The general rule is that you may not be denied credit because
you are a woman or because you are married, single, widowed, divorced,
or separated. Here are some important protections:
Gender and Marital Status. Usually, creditors may not ask your
gender on an application form (one exception is on a loan to buy or
build a home). You do not have to use Miss, Mrs., or Ms. with your name
on a credit application. But in some cases, a creditor may ask whether
you are married, unmarried, or separated (unmarried includes single,
divorced, and widowed).
Childbearing Plans. Creditors may not ask about your
birth-control practices or your plans to have children, and they may
not assume anything about those plans.
Income and Alimony. The creditor must count all of your income,
even income from part-time employment. Child support and alimony
payments are a source of income for many women. You don't have to
disclose these kinds of income, but if you do, creditors must count
Telephones. Creditors may not consider whether you have a
telephone listing in your name because this factor would discriminate
against many married women. (However, you may be asked if there's a
telephone in your home.)
A creditor may consider whether income is steady and reliable, so be
prepared to show that you can count on uninterrupted income,
particularly if the source is alimony payments or part-time wages.
Your Own Accounts. Many married women once were turned down for
credit in their own name. Or a husband had to cosign an account—that
is, agree to pay if the wife didn't—even when a wife made sufficient
income to easily repay the loan. Single women couldn't get loans
because they were thought to be somehow less reliable than other
applicants. You now have the right to your own credit, based on your
own credit records and earnings. Your own credit means a separate
account or loan in your own name, not a joint account with your husband
or a duplicate card on his account. Here are the rules:
- Creditors may not refuse to open an account because of your gender or marital status.
- You can choose to use your first name and maiden name (Mary
Smith), your first name and husband's last name (Mary Jones), or a
combined last name (Mary Smith-Jones).
- If you're creditworthy, a creditor may not ask your husband
to cosign your account, with certain exceptions when property rights
- Creditors may not ask for information about your husband or
ex-husband when you apply for your own credit based on your own income
unless that income is alimony, child support, or separate maintenance
payments from your spouse or former spouse.
This last rule, of course, does not apply if your husband is going to
use your account or be responsible for paying your debts on the account
or if you live in a community property state. (Community property
states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico,
Texas, Washington, and Wisconsin.)
Change in Marital Status. Married women have sometimes faced
severe hardships when cut off from credit after their husbands died.
Single women have had accounts closed when they married, and married
women have had accounts closed after a divorce. The law says that
creditors may not make you reapply for credit because you marry or
become widowed or divorced. Nor may they close your account or change
the terms of your account on these grounds. There must be some sign
that your creditworthiness has changed. For example, creditors may ask
you to reapply if you relied on your ex-husband's income to get credit
in the first place.
Setting up your own account protects you by establishing your
own history of how you handle debt. You can rely on this record if your
financial situation changes if you become widowed or divorced. If
you're getting married and plan to take your husband's surname, write
to your creditors and tell them you want to keep a separate account.
If You're Turned Down
Remember, your gender or race may not be used to discourage you from
applying for a loan. And creditors may not hold up or otherwise delay
your application on those grounds. Under the Equal Credit Opportunity
Act, you must be notified within 30 days after your application has
been completed whether your loan has been approved or not. If credit is
denied, this notice must be in writing, and it must explain the
specific reasons that you were denied credit or tell you of your right
to ask for an explanation. You have the same rights if an account you
have had is closed.
If you are denied credit, be sure to find out why. Remember, you may
have to ask the creditors for this explanation. It may be that the
creditor thinks you have requested more money than you can repay on
your income. It may be that you have not been employed or lived long
enough in the community. You can discuss terms with the creditor and
ways to improve your creditworthiness. The next section explains how to
improve your ability to get credit.
If you think you have been discriminated against, cite the law to the
creditor. If the creditor still says no without a satisfactory
explanation, you may contact a federal enforcement agency for
assistance (the federal agency you should contact should be included in
the notice you receive from the creditor), or you may bring legal action, as described in the Filing A Credit Complaint section of this handbook.
Consumer Handbook to Credit Protection Laws | Next Section: Credit Histories and Records