John Zasada, Shareholder, Financial Institutions Group

On Feb. 22, 2022, the National Credit Union Administration (NCUA) issued Letter to Credit Union 22-CU-04 highlighting the Equal Credit Opportunity Act (ECOA) and areas believed to pose heightened fair lending risk.

The ECOA prohibits lending discrimination based on race, color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to contract); to the fact that all or part of the applicant’s income derives from a public assistance program or has in good faith exercised any right under the Consumer Credit Protection Act.  The NCUA has identified the following five areas as having increased fair lending risk:

  • Applicant Marital Status
  • Applicant Age
  • Income Consideration
  • Redlining
  • Indirect Lending

Credit unions should consider specifically addressing each of these areas in their fair lending risk assessment and fair lending compliance program. For assistance with this, please contact our regulatory compliance specialists.