§1691d Applicability of Other Laws

Summary

Allows a creditor to ask both spouses to sign papers for things like creating a lien, transferring clear title, giving up future property claims, or assigning pay without that counting as illegal discrimination. Creditors still may not use a person's sex or marital status when deciding if the person is creditworthy. State property rules that affect creditworthiness are also allowed. If both spouses each ask for separate credit from the same lender, a state law that normally bans separate loans to spouses does not apply, and each spouse is solely responsible for their own debt. Separate accounts with the same lender must not be added together to figure finance charges or loan limits. A person harmed by the same act that breaks both federal and state law can sue for money under either law, but not both; that rule does not apply to suits that do not seek money or to administrative cases. Federal law does not override state law unless they conflict; the Bureau decides conflicts and may exempt a class of state-covered credit if the state law is similar or stronger and enforced. Failure to follow the state law in an exempted case counts as a violation for purposes of section 1691e.