Women and Evaporating Credit Histories
Each year, some women still find themselves being discriminated against when seeking credit under their own names. There are two federal laws in place to protect women when they're seeking credit and to protect their credit histories: the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA). The ECOA makes it illegal for creditors to discriminate on the basis of race, color, age, sex, or marital status. It also prohibits discrimination based on whether an applicant receives public assistance, or has previously exercised her rights under any federal consumer credit protection laws. The FCRA, among other things, protects consumer privacy and safeguards the accuracy of credit reports. This law is designed to protect women from becoming victims of credit history "evaporation." Credit history "evaporation" can occur when a woman has her name changed, divorce, marriage, or any other reason. When she next applies for credit, a history check may uncover the fact that she has no credit history. In fact, a credit report could show that Mary Smith has no credit history at all, as if she had never existed. And this result would merit the application being denied. However, while the divorced "Mary Smith" does not have the same good credit history as the married "Mary Jones," FCRA seeks to address the fact that they are the same person and should be considered as such.
The Federal Trade Commission (FTC) gives women advice on how to handle their credit records. Creditors should understand the types of information and guidance women receive so that they will be prepared to handle requests legally. A woman is told the following:
|