The Equal Credit Opportunity Act (ECOA) forbids discrimination in the extension of credit based on race, color, religion, sex, marital status, national origin, age, a credit applicant’s receipt of public assistance, or a credit applicant’s exercise of rights under the Consumer Credit Protection Act.

Under the Equal Credit Opportunity Act, the Attorney General is authorized to sue for injunctive and monetary relief upon a finding of a pattern or practice of credit discrimination or when a case is referred by a federal regulatory agency. This authority has been assigned to the Assistant Attorney General for the Civil Rights Division. The Equal Credit Opportunity Act requires that the Federal Bank Regulatory Agencies (including the Consumer Financial Protection Bureau, the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) refer matters to the Department of Justice when they have reason to believe that a lender they supervise is engaged in a pattern or practice of discrimination under the Equal Credit Opportunity Act. The Federal Bank Regulatory agencies have administrative enforcement authority under the Equal Credit Opportunity Act. The Department of Justice, the Consumer Financial Protection Bureau, and Federal Trade Commission have judicial enforcement authority. The Equal Credit Opportunity Act also provides for private suits.

When a United States Attorney’s Office receives a complaint or other information suggesting a potential violation of the Equal Credit Opportunity Act, that office should forward the complaint or other information to the Housing and Civil Enforcement Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Housing and Civil Enforcement Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]