§1691d Applicability of Other Laws

Summary

Allows a creditor to ask both spouses to sign papers when needed to create a lien, transfer clear title, give up future property rights, or assign earnings. But a lender may NOT use a person’s sex or marital status when judging their creditworthiness. Looking at State property laws that affect credit is also allowed. If both spouses separately and willingly apply to the same lender, State rules that forbid giving separate credit to each spouse do not apply, and each spouse alone is responsible for the debt they take on. Those separate accounts cannot be added together to raise finance charges or loan limits under any State or Federal law. If the same act breaks both this law and a State law, a harmed person can sue for money under either the Federal law or the State law, but not both; that rule does not stop non‑money lawsuits or administrative actions. Federal law does not override State credit‑discrimination laws unless they conflict; the Bureau decides conflicts and cannot rule a State law inconsistent if it gives more protection. The Bureau may exempt classes of credit in a State when State law is as protective or more and is enforced; breaking such a State law in an exempted case counts as a violation under section 1691e.