§1691d Applicability of other laws

Summary

Asking both spouses to sign papers to create a lien, transfer clear title, give up future marriage-based property rights, or assign earnings is not treated as illegal discrimination. Creditors still may not use a person's sex or whether they are married when deciding creditworthiness. State property rules that affect credit decisions also are not treated as discrimination. If a state bans giving separate credit to each spouse, that ban does not apply when both spouses willingly apply for separate credit from the same lender. In that case each spouse is only responsible for their own debt. Separate accounts each spouse gets from the same lender cannot be combined to figure finance charges or loan limits under state or federal law. If the same act breaks both this federal law and a state law, a harmed person can choose to sue for money under either the federal law or the state law, but not both; that rule does not apply to suits that do not seek money or to administrative actions. Federal law does not cancel state credit‑discrimination laws unless they conflict, and the Bureau decides if a conflict exists. The Bureau cannot find a conflict if the state law gives greater protection. The Bureau may exempt classes of credit from sections 1691 and 1691a when a state’s rules are similar or stronger and are enforceable; failing to follow that state law in an exempted case still counts as a violation under section 1691e.