12 CFR 1002.2 - Definitions

Cite as12 CFR 1002.2
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65 practice notes
23 cases
  • RL BB Acquisition, LLC v. Bridgemill Commons Dev. Grp., LLC, No. 13–6034.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 12, 2014
    ...of “applicant,” and that definition allows guarantors to sue for violations of the spouse-guarantor rule. See12 C.F.R. § 202.2(e), 12 C.F.R. § 1002.2(e). This appeal raises two issues of first impression concerning ECOA's statutory and regulatory scheme. First, we must determine whether Reg......
  • Germain v. M & T Bank Corp., No. 13–CV–7273 (KMK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 19, 2015
    ...of credit from a creditor, and includes any person who is or may become contractually liable regarding an extension of credit." 12 C.F.R. § 1002.2(e). Moreover, a "person" means, among other things, "a natural person, corporation, ... [or] trust." Id. § 1002.2(x). T......
  • Tyson v. Sterling Rental, Inc., Nos. 15-1465/1468
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 2, 2016
    ...to lenders—are considered “creditors” solely for the purposes of the ECOA's prohibitions on discrimination and discouragement. See 12 C.F.R. § 1002.2(l ). Under Regulation B, in other words, “creditors” who act as mere middle-men between applicants and lenders have no affirmative obligation......
  • Johnson v. James B. Nutter & Co., CIVIL ACTION NO. 3:19-0856
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • February 5, 2020
    ..., that an "applicant" is "any person who requests or who has received an extension of credit from a creditor." 12 C.F.R. § 1002.2(e). Regulation B also provides that the terms "extend credit" and "extension of credit" "mean the granting of credit......
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22 firm's commentaries
  • CFPB Final Arbitration Rule Bans Class Action Waivers, But Will it Survive?
    • United States
    • JD Supra United States
    • August 15, 2017
    ...Extending credit: Providing an “extension of credit” that is “consumer credit” when performed by a “creditor” as defined in Regulation B, 12 CFR 1002.2, issued pursuant to the Equal Credit Opportunity Credit Decisions: Participating in credit decisions, within the meaning of 12 CFR 1002.2(l......
  • Supreme Court Affirmation of Hawkins Case Raises More Questions Than It Answers
    • United States
    • JD Supra United States
    • March 28, 2016
    ...520, 2015 U.S. LEXIS 1635 (Mar. 2, 2015). 2 15 U.S.C. § 1691(a)(1). 3 15 U.S.C. § 1691a(b). 4 Previously 12 C.F.R. § 202.2(e); now 12 C.F.R. § 1002.2(e) under CFPB authority. 2 © 2016 Morrison & Foerster LLP | mofo.com Attorney Advertising Client Alert The women then sued Community Bank, se......
  • Supreme Court To Determine Whether ECOA Allows Spousal Guarantors To Challenge Liability
    • United States
    • Mondaq United States
    • April 13, 2015
    ...its own definition, which is broader than the statute and allows guarantors to sue for violations of the spouse-guarantor rule. See 12 C.F.R. § 1002.2(e) (defining "applicant" under Regulation B); 12 C.F.R. § 1002.7(d)(5) ("The applicant's spouse may serve as an additional party [supporting......
  • Treatment of Educational ISAs Under Federal and Select State Anti-Discrimination Statutes
    • United States
    • JD Supra United States
    • August 19, 2019
    ...Other courts have interpreted the ECOA definition of “credit” more narrowly and have excluded from its 6 15 U.S.C. § 1691a(d); 12 C.F.R. § 1002.2(j). Under the ECOA, the definition of “credit” is broader than the definition of “credit” in TILA. See 12 C.F.R. § 1026.2(a)(14). Unlike the ECOA......
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