12 CFR §1002.9 — Notifications (adverse-action notice)

reg-b-1002-9

Regulation B §1002.9 sets the ECOA adverse-action-notice framework (timing, content, ECOA notice, statement of specific reasons, incomplete-application alternatives, third-party-application rules).

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Verbatim regulatory text (9)

Verbatim provisions from 12 CFR §1002.9 — Notifications (adverse-action notice) — 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 §1002.9(a)(1) — When notification is required

(a) Notification of action taken, ECOA notice, and statement of specific reasons —(1) When notification is required. A creditor shall notify an applicant of action taken within:

Source: 12 CFR §1002.9(a)(1) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(a)(2) — Content of adverse-action notification

(2) Content of notification when adverse action is taken. A notification given to an applicant when adverse action is taken shall be in writing and shall contain a statement of the action taken; the name and address of the creditor ; a statement of the provisions of section 701(a) of the Act ; the name and address of the Federal agency that administers compliance with respect to the creditor ; and either:

Source: 12 CFR §1002.9(a)(2) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(b)(1) — ECOA notice (substantially-similar)

(b) Form of ECOA notice and statement of specific reasons —(1) ECOA notice. To satisfy the disclosure requirements of paragraph (a)(2) of this section regarding section 701(a) of the Act , the creditor shall provide a notice that is substantially similar to the following: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status , age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant 's income derives from any public assistance program ; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act . The Federal agency that administers compliance with this law concerning this creditor is [name and address as specified by the appropriate agency or agencies listed in appendix A of this part].

Source: 12 CFR §1002.9(b)(1) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(b)(2) — Statement of specific reasons must be specific

(2) Statement of specific reasons. The statement of reasons for adverse action required by paragraph (a)(2)(i) of this section must be specific and indicate the principal reason(s) for the adverse action . Statements that the adverse action was based on the creditor 's internal standards or policies or that the applicant , joint applicant , or similar party failed to achieve a qualifying score on the creditor 's credit scoring system are insufficient.

Source: 12 CFR §1002.9(b)(2) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(c)(1) — Incomplete-application notice alternatives

(c) Incomplete applications —(1) Notice alternatives. Within 30 days after receiving an application that is incomplete regarding matters that an applicant can complete, the creditor shall notify the applicant either:

Source: 12 CFR §1002.9(c)(1) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(g) — Applications submitted through a third party

(g) Applications submitted through a third party. When an application is made on behalf of an applicant to more than one creditor and the applicant expressly accepts or uses credit offered by one of the creditors , notification of action taken by any of the other creditors is not required. If no credit is offered or if the applicant does not expressly accept or use the credit offered, each creditor taking adverse action must comply with this section, directly or through a third party . A notice given by a third party shall disclose the identity of each creditor on whose behalf the notice is given.

Source: 12 CFR §1002.9(g) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(a)(2)(i)-(ii) — content of adverse-action notification

(i) A statement of specific reasons for the action taken; or (ii) A disclosure of the applicant 's right to a statement of specific reasons within 30 days, if the statement is requested within 60 days of the creditor 's notification. The disclosure shall include the name, address, and telephone number of the person or office from which the statement of reasons can be obtained. If the creditor chooses to provide the reasons orally, the creditor shall also disclose the applicant 's right to have them confirmed in writing within 30 days of receiving the applicant 's written request for confirmation.

Source: 12 CFR §1002.9(a)(1) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(a)(1) — When notification is required — enumerated items (chapeau recall fix)

(i) 30 days after receiving a completed application concerning the creditor 's approval of, counteroffer to, or adverse action on the application ; (ii) 30 days after taking adverse action on an incomplete application , unless notice is provided in accordance with paragraph (c) of this section; (iii) 30 days after taking adverse action on an existing account ; or (iv) 90 days after notifying the applicant of a counteroffer if the applicant does not expressly accept or use the credit offered.

Source: 12 CFR §1002.9(a)(1) · source URL · snapshot 6d8da8f242229f54

12 CFR §1002.9(c)(1) — Incomplete-application notice alternatives — enumerated items (chapeau recall fix)

(i) Of action taken, in accordance with paragraph (a) of this section; or (ii) Of the incompleteness, in accordance with paragraph (c)(2) of this section.

Source: 12 CFR §1002.9(c)(1) · source URL · snapshot 6d8da8f242229f54