Which of the following statutes is enacted in the U.S., which prohibits creditors from collecting data
from applicants, such as national origin, caste, religion etc?
A.
The Fair Credit Reporting Act (FCRA)
B.
The Privacy Act
C.
The Electronic Communications Privacy Act
D.
The Equal Credit Opportunity Act (ECOA)
Explanation:
The Equal Credit Opportunity Act (ECOA) is a United States law (codified at 15 U.S.C. 1691 et seq.),
enacted in 1974, that makes it unlawful for any creditor to discriminate against any applicant, with
respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex,
marital status, or age; to the fact that all or part of the applicant’s income derives from a public
assistance program; or to the fact that the applicant has in good faith exercised any right under the
Consumer Credit Protection Act. The law applies to any person who, in the ordinary course of
business, regularly participates in a credit decision, including banks, retailers, bankcard companies,
finance companies, and credit unions.
Answer option C is incorrect. The Electronic Communications Privacy Act of 1986 (ECPA Pub. L. 99-
508, Oct. 21, 1986, 100 Stat. 1848, 18 U.S.C.
2510) was enacted by the United States Congress to extend government restrictions on wire taps
from telephone calls to include transmissions of electronic data by computer. Specifically, ECPA was
an amendment to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the Wiretap
Statute), which was primarily designed to prevent unauthorized government access to privateelectronic communications. The ECPA also added new provisions prohibiting access to stored
electronic communications, i.e., the Stored Communications
Act,18 U.S.C. 2701-2712.
Answer option B is incorrect. The Privacy Act of 1974, 5 U.S.C. 552a, establishes a code of fair
information practice that governs the collection, maintenance, use, and dissemination of personally
identifiable information about individuals that is maintained in systems of records by federal
agencies. A system of records is a group of records under the control of an agency from which
information is retrieved by the name of the individual or by some identifier assigned to the
individual. The Privacy Act requires that agencies give the public notice of their systems of records by
publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a
system of records of the subject individual, unless the disclosure is pursuant to one of twelve
statutory exceptions.
Answer option A is incorrect. The Fair Credit Reporting Act (FCRA) is an American federal law
(codified at 15 U.S.C. 1681 et seq.) that regulates the collection, dissemination, and use of consumer
information, including consumer credit information. Along with the Fair Debt Collection
Practices Act (FDCPA), it forms the base of consumer credit rights in the United States. It was
originally passed in 1970, and is enforced by the US Federal Trade Commission.
CHFI Course Manual, Contents: “Worldwide Forensic Acts and Laws”