Summary
Prohibits creditors from obtaining or using medical information in credit eligibility determinations, with narrow exceptions. Medical information is defined broadly to include any health-related data, and the rule permits use only for specific purposes like verifying debts, compliance with laws, fraud prevention, medical-purpose loans, or consumer-requested accommodations. Even when allowed, medical information must be treated no less favorably than comparable non-medical information, and creditors may not consider the consumer's health condition or prognosis.
Reason
This regulation interferes with voluntary contracting between lenders and borrowers, imposing costly compliance burdens while distorting risk assessment. Lenders should be free to evaluate all relevant information—including medical circumstances—when determining creditworthiness. Market competition, not federal mandates, will punish irrational discrimination: any lender rejecting creditworthy applicants based on health status alone would lose business to competitors. The rule's chilling effect actually reduces credit access for those with medical conditions, as lenders fear regulatory scrutiny. Moreover, it exceeds constitutional federalism by imposing a one-size-fits-all federal mandate on traditionally state-regulated lending. The $2 trillion regulatory burden grows unnecessarily with such micro-management of private transactions.