SUPERSEDED — 12 CFR §1002.6(a) — General rule concerning use of information (prior version, effects test)
SUPERSEDED — this is the PRIOR version of 12 CFR §1002.6(a), retained so a reader can see what the rule said before the CFPB's Regulation B final rule, 91 FR 21668 (Apr. 22, 2026), effective 2026-07-21. It stated that Congress intended an “effects test” concept (Griggs v. Duke Power Co.; Albemarle Paper Co. v. Moody) to apply to a creditor's determination of creditworthiness. The current rule says the opposite. It is NOT current and must not be relied on as the operative requirement. Only paragraph (a) changed; §1002.6(b) and (c) were not amended and remain on the current page.
Superseded — retained for reference. The operative requirements have moved to the current rule (see the description above).
Verbatim regulatory text
Verbatim provisions from SUPERSEDED — 12 CFR §1002.6(a) — General rule concerning use of information (prior version, effects test) — each quote is a verified substring of the regulator-published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 §1002.6(a)
(a) General rule concerning use of information. Except as otherwise provided in the Act and this part, a creditor may consider any information obtained, so long as the information is not used to discriminate against an applicant on a prohibited basis . The legislative history of the Act indicates that the Congress intended an “effects test” concept, as outlined in the employment field by the Supreme Court in the cases of Griggs v. Duke Power Co., 401 U.S. 424 (1971) , and Albemarle Paper Co. v. Moody, 422 U.S. 405 (1975) , to be applicable to a creditor 's determination of creditworthiness.
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Source of record: https://claudeforcompliance.com/regs/reg-b-1002-6-superseded-2026/
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