source:
  type: regulation
  id: reg-b-1002.5
  authority: 12 CFR §1002.5 — Rules concerning requests for information
  description: 'Regulation B §1002.5 governs what information a creditor may and may

    not request from a credit applicant.

    '
obligations:
- id: reg-b-1002.5-a
  canonical_id: reg-b-1002.5-a
  section: 12 CFR §1002.5(a)
  description: '(a): (a) General rules —(1) Requests for information. Except as provided in paragraphs
    (b) through (d) of this section, a creditor may request any information in connection with a credit
    transaction . This paragraph does not limit or abrogate any Federal or state law regarding privacy,
    privileged informa…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: '(a) General rules —(1) Requests for information. Except as provided in paragraphs
      (b) through (d) of this section, a creditor may request any information in connection with a credit
      transaction . This paragraph does not limit or abrogate any Federal or state law regarding privacy,
      privileged information, credit reporting limitations, or similar restrictions on obtainable information.
      (2) Required collection of information. Notwithstanding paragraphs (b) through (d) of this section,
      a creditor shall request information for monitoring purposes as required by § 1002.13 for credit
      secured by the applicant ''s dwelling . In addition, a creditor may obtain information required
      by a regulation, order, or agreement issued by, or entered into with, a court or an enforcement
      agency (including the Attorney General of the United States or a similar state official) to monitor
      or enforce compliance with the Act , this part, or other Federal or state statutes or regulations.
      (3) Special-purpose credit. A creditor may obtain information that is otherwise restricted to determine
      eligibility for a special purpose credit program , as provided in § 1002.8(b) , (c), and (d). (4)
      Other permissible collection of information. Notwithstanding paragraph (b) of this section, a creditor
      may collect information under the following circumstances provided that the creditor collects the
      information in compliance with § 1002.107(a)(18) and (19) and accompanying commentary, or appendix
      B to 12 CFR part 1003 , as applicable:'
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-i
  canonical_id: reg-b-1002.5-i
  section: 12 CFR §1002.5(i)
  description: '(i): (i) A creditor that is a financial institution under 12 CFR 1003.2 (g) may collect
    information regarding the ethnicity, race, and sex of an applicant for a closed-end mortgage loan
    that is an excluded transaction under 12 CFR 1003.3 (c)(11) if it submits HMDA data concerning such
    closed-end mortgage…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (i) A creditor that is a financial institution under 12 CFR 1003.2 (g) may collect
      information regarding the ethnicity, race, and sex of an applicant for a closed-end mortgage loan
      that is an excluded transaction under 12 CFR 1003.3 (c)(11) if it submits HMDA data concerning such
      closed-end mortgage loans and applications or if it submitted HMDA data concerning closed-end mortgage
      loans for any of the preceding five calendar years; (ii) A creditor that is a financial institution
      under 12 CFR 1003.2 (g) may collect information regarding the ethnicity, race, and sex of an applicant
      for an open-end line of credit that is an excluded transaction under 12 CFR 1003.3 (c)(12) if it
      submits HMDA data concerning such open-end lines of credit and applications or if it submitted HMDA
      data concerning open-end lines of credit for any of the preceding five calendar years; (iii) A creditor
      that submitted HMDA data for any of the preceding five calendar years but is not currently a financial
      institution under 12 CFR 1003.2 (g) may collect information regarding the ethnicity, race, and sex
      of an applicant for a loan that would otherwise be a covered loan under 12 CFR 1003.2 (e) if not
      excluded by 12 CFR 1003.3 (c)(11) or (12); (iv) A creditor that exceeded an applicable loan volume
      threshold in the first year of the two-year threshold period provided in 12 CFR 1003.2(g) , 1003.3(c)(11)
      , or 1003.3(c)(12) may, in the second year, collect information regarding the ethnicity, race, and
      sex of an applicant for a loan that would otherwise be a covered loan under 12 CFR 1003.2 (e) if
      the loan were not excluded by 12 CFR 1003.3 (c)(11) or (12);
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-v
  canonical_id: reg-b-1002.5-v
  section: 12 CFR §1002.5(v)
  description: '(v): (v) A creditor that is a financial institution under 12 CFR 1003.2 (g), or that submitted
    HMDA data for any of the preceding five calendar years but is not currently a financial institution
    under 12 CFR 1003.2 (g), may collect information regarding the ethnicity, race, and sex of an applicant
    for a …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (v) A creditor that is a financial institution under 12 CFR 1003.2 (g), or that submitted
      HMDA data for any of the preceding five calendar years but is not currently a financial institution
      under 12 CFR 1003.2 (g), may collect information regarding the ethnicity, race, and sex of an applicant
      for a loan that would otherwise be a covered loan under 12 CFR 1003.2 (e) if the loan were not excluded
      by 12 CFR 1003.3 (c)(10). (vi) A creditor that is collecting information regarding the ethnicity,
      race, and sex of an applicant or first co-applicant may collect information regarding the ethnicity,
      race, and sex of a second or additional co-applicant for a covered loan under 12 CFR 1003.2 (e)
      or for a second or additional co-applicant for a loan described in paragraphs (a)(4)(i) through
      (v) of this section. (vii) A creditor that was required to report small business lending data pursuant
      to § 1002.109 for any of the preceding five calendar years but is not currently a covered financial
      institution under § 1002.105(b) may collect information pursuant to subpart B of this part for covered
      applications from small businesses as defined in §§ 1002.103 and 1002.106(b) regarding whether an
      applicant is a minority-owned business, a women-owned business, or an LGBTQI+-owned business, and
      the ethnicity, race, and sex of the applicant 's principal owners if it complies with the requirements
      for covered financial institutions pursuant to §§ 1002.107(a)(18) and (19), 1002.108, 1002.111,
      and 1002.112 for that application . Such a creditor is permitted, but not required, to report data
      to the Bureau collected pursuant to subpart B of this part if it complies with the requirements
      of subpart B as otherwise required for covered financial institutions pursuant to §§ 1002.109 and
      1002.110. (viii) A creditor that exceeded the loan-volume threshold in the first year of the two-year
      threshold period provided in § 1002.105(b) may, in the second year, collect information pursuant
      to subpart B of this part for covered applications from small businesses as defined in §§ 1002.103
      and 1002.106(b) regarding whether an applicant is a minority-owned business, a women-owned business,
      or an LGBTQI+-owned business, and the ethnicity, race, and sex of the applicant 's principal owners
      if it complies with the requirements for covered financial institutions pursuant to §§ 1002.107(a)(18)
      and (19), 1002.108, 1002.111, and 1002.112 for that application . Such a creditor is permitted,
      but not required, to report data to the Bureau collected pursuant to subpart B of this part if it
      complies with the requirements of subpart B as otherwise required for covered financial institutions
      pursuant to §§ 1002.109 and 1002.110. (ix) A creditor that is not currently a covered financial
      institution under § 1002.105(b) , and is not otherwise a creditor to which § 1002.5(a)(4)(vii) or
      (viii) applies, may collect information pursuant to subpart B of this part for covered applications
      from small businesses as defined in §§ 1002.103 and 1002.106(b) regarding whether an applicant for
      a covered credit transaction is a minority-owned business, a women-owned business, or an LGBTQI+-owned
      business, and the ethnicity, race, and sex of the applicant 's principal owners for a transaction
      if it complies with the requirements for covered financial institutions pursuant to §§ 1002.107
      through 1002.112 for that application .
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-x
  canonical_id: reg-b-1002.5-x
  section: 12 CFR §1002.5(x)
  description: '(x): (x) A creditor that is collecting information pursuant to subpart B of this part
    or as described in paragraphs (a)(4)(vii) through (ix) of this section for covered applications from
    small businesses as defined in §§ 1002.103 and 1002.106(b) regarding whether an applicant for a covered
    credit transac…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (x) A creditor that is collecting information pursuant to subpart B of this part
      or as described in paragraphs (a)(4)(vii) through (ix) of this section for covered applications
      from small businesses as defined in §§ 1002.103 and 1002.106(b) regarding whether an applicant for
      a covered credit transaction is a minority-owned business, a women-owned business, or an LGBTQI+-owned
      business, and the ethnicity, race, and sex of the applicant 's principal owners may also collect
      that same information for any co-applicants provided that it also complies with the relevant requirements
      of subpart B of this part or as described in paragraphs (a)(4)(vii) through (ix) of this section
      with respect to those co-applicants.
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-b
  canonical_id: reg-b-1002.5-b
  section: 12 CFR §1002.5(b)
  description: '(b): (b) Limitation on information about race, color, religion, national origin, or sex.
    A creditor shall not inquire about the race, color, religion, national origin, or sex of an applicant
    or any other person in connection with a credit transaction , except as provided in paragraphs (b)(1)
    and (b)(2) o…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: '(b) Limitation on information about race, color, religion, national origin, or sex.
      A creditor shall not inquire about the race, color, religion, national origin, or sex of an applicant
      or any other person in connection with a credit transaction , except as provided in paragraphs (b)(1)
      and (b)(2) of this section. (1) Self-test. A creditor may inquire about the race, color, religion,
      national origin, or sex of an applicant or any other person in connection with a credit transaction
      for the purpose of conducting a self-test that meets the requirements of § 1002.15 . A creditor
      that makes such an inquiry shall disclose orally or in writing, at the time the information is requested,
      that:'
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-i
  canonical_id: reg-b-1002.5-i
  section: 12 CFR §1002.5(i)
  description: '(i): (i) The applicant will not be required to provide the information; (ii) The creditor
    is requesting the information to monitor its compliance with the Federal Equal Credit Opportunity
    Act ; (iii) Federal law prohibits the creditor from discriminating on the basis of this information,
    or on the basis …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (i) The applicant will not be required to provide the information; (ii) The creditor
      is requesting the information to monitor its compliance with the Federal Equal Credit Opportunity
      Act ; (iii) Federal law prohibits the creditor from discriminating on the basis of this information,
      or on the basis of an applicant 's decision not to furnish the information; and (iv) If applicable,
      certain information will be collected based on visual observation or surname if not provided by
      the applicant or other person . (2) Sex. An applicant may be requested to designate a title on an
      application form (such as Ms., Miss, Mr., or Mrs.) if the form discloses that the designation of
      a title is optional. An application form shall otherwise use only terms that are neutral as to sex.
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-c
  canonical_id: reg-b-1002.5-c
  section: 12 CFR §1002.5(c)
  description: '(c): (c) Information about a spouse or former spouse —(1) General rule. Except as permitted
    in this paragraph, a creditor may not request any information concerning the spouse or former spouse
    of an applicant . (2) Permissible inquiries. A creditor may request any information concerning an
    applicant ''s s…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: '(c) Information about a spouse or former spouse —(1) General rule. Except as permitted
      in this paragraph, a creditor may not request any information concerning the spouse or former spouse
      of an applicant . (2) Permissible inquiries. A creditor may request any information concerning an
      applicant ''s spouse (or former spouse under paragraph (c)(2)(v) of this section) that may be requested
      about the applicant if:'
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-i
  canonical_id: reg-b-1002.5-i
  section: 12 CFR §1002.5(i)
  description: '(i): (i) The spouse will be permitted to use the account ; (ii) The spouse will be contractually
    liable on the account ; (iii) The applicant is relying on the spouse''s income as a basis for repayment
    of the credit requested; (iv) The applicant resides in a community property state or is relying on
    proper…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (i) The spouse will be permitted to use the account ; (ii) The spouse will be contractually
      liable on the account ; (iii) The applicant is relying on the spouse's income as a basis for repayment
      of the credit requested; (iv) The applicant resides in a community property state or is relying
      on property located in such a state as a basis for repayment of the credit requested; or
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-v
  canonical_id: reg-b-1002.5-v
  section: 12 CFR §1002.5(v)
  description: '(v): (v) The applicant is relying on alimony, child support, or separate maintenance payments
    from a spouse or former spouse as a basis for repayment of the credit requested. (3) Other accounts
    of the applicant. A creditor may request that an applicant list any account on which the applicant
    is contractu…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (v) The applicant is relying on alimony, child support, or separate maintenance payments
      from a spouse or former spouse as a basis for repayment of the credit requested. (3) Other accounts
      of the applicant. A creditor may request that an applicant list any account on which the applicant
      is contractually liable and to provide the name and address of the person in whose name the account
      is held. A creditor may also ask an applicant to list the names in which the applicant has previously
      received credit .
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-d
  canonical_id: reg-b-1002.5-d
  section: 12 CFR §1002.5(d)
  description: '(d): (d) Other limitations on information requests —(1) Marital status. If an applicant
    applies for individual unsecured credit , a creditor shall not inquire about the applicant ''s marital
    status unless the applicant resides in a community property state or is relying on property located
    in such a state…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (d) Other limitations on information requests —(1) Marital status. If an applicant
      applies for individual unsecured credit , a creditor shall not inquire about the applicant 's marital
      status unless the applicant resides in a community property state or is relying on property located
      in such a state as a basis for repayment of the credit requested. If an application is for other
      than individual unsecured credit , a creditor may inquire about the applicant 's marital status
      , but shall use only the terms married, unmarried, and separated. A creditor may explain that the
      category unmarried includes single, divorced, and widowed persons. (2) Disclosure about income from
      alimony, child support, or separate maintenance. A creditor shall not inquire whether income stated
      in an application is derived from alimony, child support, or separate maintenance payments unless
      the creditor discloses to the applicant that such income need not be revealed if the applicant does
      not want the creditor to consider it in determining the applicant 's creditworthiness. (3) Childbearing,
      childrearing. A creditor shall not inquire about birth control practices, intentions concerning
      the bearing or rearing of children, or capability to bear children. A creditor may inquire about
      the number and ages of an applicant 's dependents or about dependent-related financial obligations
      or expenditures, provided such information is requested without regard to sex, marital status ,
      or any other prohibited basis .
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: reg-b-1002.5-e
  canonical_id: reg-b-1002.5-e
  section: 12 CFR §1002.5(e)
  description: '(e): (e) Permanent residency and immigration status. A creditor may inquire about the
    permanent residency and immigration status of an applicant or any other person in connection with
    a credit transaction . [ 76 FR 79445 , Dec. 21, 2011, as amended at 82 FR 45694 , Oct. 2, 2017; 88
    FR 35527 , May 31, 202…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - cfpb-regulation
  primary_source:
    tier: 1
    authority: 12 CFR §1002.5(a)(1)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1002.5
    snapshot_id: 2389b4eb2136989c
    fetched_at: '2026-05-22T18:22:06Z'
    content_hash: sha256:8e4137391dc4ac9fe215f8dca5675f8ec9f17fe8dd69bdffbf354de7f0d9b282
    paragraph_quote: (e) Permanent residency and immigration status. A creditor may inquire about the
      permanent residency and immigration status of an applicant or any other person in connection with
      a credit transaction . [ 76 FR 79445 , Dec. 21, 2011, as amended at 82 FR 45694 , Oct. 2, 2017;
      88 FR 35527 , May 31, 2023] Equal Credit Opportunity Act CFR Toolbox Law about... Articles from
      Wex Table of Popular Names Parallel Table of Authorities Accessibility About LII Contact us Advertise
      here Help Terms of use Privacy
    drafter_attestation: Verbatim subsection of 12 CFR §1002.5 from Cornell LII snapshot 2389b4eb2136989c;
      body isolated between nav and notes; substring-verified.
  judgment: false
