12 CFR §1002.5 — Rules concerning requests for information
Regulation B §1002.5 governs what information a creditor may and may not request from a credit applicant.
Verbatim regulatory text
Verbatim provisions from 12 CFR §1002.5 — Rules concerning requests for information — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
12 CFR §1002.5(a)(1) — General rule on requests for information
(a) General rules —(1) Requests for information. Except as provided in paragraphs (b) through (d) of this section, a creditor may request any information in connection with a credit transaction . This paragraph does not limit or abrogate any Federal or state law regarding privacy, privileged information, credit reporting limitations, or similar restrictions on obtainable information.
12 CFR §1002.5(a)(2) — Required collection of monitoring information
(2) Required collection of information. Notwithstanding paragraphs (b) through (d) of this section, a creditor shall request information for monitoring purposes as required by § 1002.13 for credit secured by the applicant 's dwelling . In addition, a creditor may obtain information required by a regulation, order, or agreement issued by, or entered into with, a court or an enforcement agency (including the Attorney General of the United States or a similar state official) to monitor or enforce compliance with the Act , this part, or other Federal or state statutes or regulations.
12 CFR §1002.5(b) — Limitation on information about race/color/religion/national origin/sex
(b) Limitation on information about race, color, religion, national origin, or sex. A creditor shall not inquire about the race, color, religion, national origin, or sex of an applicant or any other person in connection with a credit transaction , except as provided in paragraphs (b)(1) and (b)(2) of this section.
12 CFR §1002.5(c)(1) — General rule on spouse/former-spouse information
(c) Information about a spouse or former spouse —(1) General rule. Except as permitted in this paragraph, a creditor may not request any information concerning the spouse or former spouse of an applicant .
12 CFR §1002.5(d)(1) — Marital-status inquiry limits
(d) Other limitations on information requests —(1) Marital status. If an applicant applies for individual unsecured credit , a creditor shall not inquire about the applicant 's marital status unless the applicant resides in a community property state or is relying on property located in such a state as a basis for repayment of the credit requested. If an application is for other than individual unsecured credit , a creditor may inquire about the applicant 's marital status , but shall use only the terms married, unmarried, and separated. A creditor may explain that the category unmarried includes single, divorced, and widowed persons.
12 CFR §1002.5(d)(2) — Disclosure for alimony/child-support/separate-maintenance income inquiries
(2) Disclosure about income from alimony, child support, or separate maintenance. A creditor shall not inquire whether income stated in an application is derived from alimony, child support, or separate maintenance payments unless the creditor discloses to the applicant that such income need not be revealed if the applicant does not want the creditor to consider it in determining the applicant 's creditworthiness.
12 CFR §1002.5(d)(3) — Childbearing/childrearing inquiry prohibition
(3) Childbearing, childrearing. A creditor shall not inquire about birth control practices, intentions concerning the bearing or rearing of children, or capability to bear children. A creditor may inquire about the number and ages of an applicant 's dependents or about dependent-related financial obligations or expenditures, provided such information is requested without regard to sex, marital status , or any other prohibited basis .