usc 15 § 1691d
Applicability of other laws (COMMERCE AND TRADE (15 U.S.C.))
Operative Text
A request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings, shall not constitute discrimination under this subchapter: , That this provision shall not be construed to permit a creditor to take sex or marital status into account in connection with the evaluation of creditworthiness of any applicant. Provided, however Consideration or application of State property laws directly or indirectly affecting creditworthiness shall not constitute discrimination for purposes of this subchapter. Any provision of State law which prohibits the separate extension of consumer credit to each party to a marriage shall not apply in any case where each party to a marriage voluntarily applies for separate credit from the same creditor: , That in any case where such a State law is so preempted, each party to the marriage shall be solely responsible for the debt so contracted. Provided When each party to a marriage separately and voluntarily applies for and obtains separate credit accounts with the same creditor, those accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or permissible loan ceilings under the laws of any State or of the United States. Where the same act or omission constitutes a violation of this subchapter and of applicable State law, a person aggrieved by such conduct may bring a legal action to recover monetary damages either under this subchapter or under such State law, but not both. This election of remedies shall not apply to court actions in which the relief sought does not include monetary damages or to administrative actions. This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with, the laws of any State with respect to credit discrimination, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this subchapter if the Bureau determines that such law gives greater protection to the applicant. The Bureau shall by regulation exempt from the requirements of sections 1691 and 1691a of this title any class of credit transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this subchapter or that such law gives greater protection to the applicant, and that there is adequate provision for enforcement. Failure to comply with any requirement of such State law in any transaction so exempted shall constitute a violation of this subchapter for the purposes of .
15 U.S.C. § 1691d governs how the federal Equal Credit Opportunity Act interacts with state laws and other legal frameworks. It carves out specific situations—such as requiring both spouses' signatures to create a valid lien or pass clear title—that do not count as discrimination, while still prohibiting creditors from using sex or marital status when evaluating creditworthiness. The provision also establishes that state credit-discrimination laws generally remain in force alongside federal law, except where they directly conflict, and that a person harmed by conduct violating both federal and state law must choose one legal avenue for monetary damages rather than pursuing both simultaneously.
Plain English — not legal advice.
Although 15 U.S.C. § 1691d is primarily a credit-law provision, property owners and managers who extend credit—such as through seller financing or rent-to-own arrangements—should be aware of its framework. A compliant operator understands that requesting both spouses' signatures for legitimate property-title or lien purposes is permissible, but that sex or marital status must play no role in evaluating an applicant's creditworthiness. Operators generally stay current on applicable state credit-discrimination laws, since § 1691d preserves those state requirements unless a specific inconsistency with federal law has been formally determined by the Bureau.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 15 U.S.C. § 1691d, tenants and credit applicants retain protections under both federal and applicable state credit-discrimination laws, and in many cases state law may offer equal or greater protection than federal law. If a creditor's conduct appears to violate both this provision and a state law, applicants should be aware that pursuing monetary damages requires choosing between a federal or state legal action—not both—though non-monetary relief and administrative complaints are not subject to that same election requirement. Individuals who believe their rights under § 1691d have been violated can explore filing a complaint with a relevant federal or state regulatory agency, or consult a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.