The Justice Department’s fair lending enforcement authority is focused on pattern or practice discrimination cases. Individuals who believe that they have been the victims of any unfair credit transaction involving residential property may file a complaint with the Department of Housing and Urban Development [HUD] or one of the federal regulatory agencies listed below. Individuals may also file their own lawsuits under both the Fair Housing Act and ECOA.
Individuals who believe that they are the victims of other unfair credit transactions should contact the appropriate regulatory agency. The agencies and the types of creditors that they regulate for purposes of compliance with ECOA are as follows:
Consumer Financial Protection Bureau [CFPB]: Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates. Also shares enforcement authority with the Federal Trade Commission over mortgage brokers, mortgage originators, mortgage servicers, lenders offering private educational loans, and payday lenders regardless of size.
Comptroller of Currency [OCC]: National banks, Federal savings associations and federal branches/agencies of foreign banks with total assets of under $10 billion(the words "National" or "Federal" or the initials "N.A." or "F.S.B." appear in or after the bank’s name).
Federal Reserve Board [FRB]: Financial institutions with total assets of under $10 billion that are members of the Federal Reserve System, except national banks and federal branches/agencies of foreign banks.
Federal Deposit Insurance Corporation [FDIC]: State chartered banks with total assets of under $10 billion that are not members of the Federal Reserve System.
National Credit Union Association [NCUA]: Federal credit unions with total assets of under $10 billion (the words "federal credit union" appear in the institutions’ name).
Federal Trade Commission [FTC]: Retailers, finance companies, creditors that are not exclusively assigned to another agency.