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Software Club 210: Light Red
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1997-01-01
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@049 CHAP 9
┌───────────────────────────────────────────────┐
│ CONSUMER CREDIT LAWS AND REGULATIONS │
└───────────────────────────────────────────────┘
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 practice
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 transactions
on the basis of race, color, religion, national origin, 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 determine
the creditworthiness of the applicant.)
ECOA also forbids discrimination in providing credit because
some or all some or all of the applicant's income derives
from public assistance programs, or because a person
exercised a right, in good faith, under the Consumer Credit
Protection Act.