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Wednesday, July 9, 2014

CFPB: Equal Treatment for Same-Sex Married Couples

The CFPB is aligning its policies with the United States v. Windsor Supreme Court decision striking down as unconstitutional section 3 of the Defense of Marriage Act (DOMA) which states that the word ‘marriage’ means only a legal union between one man and one woman, according to a staff memorandum from Director Richard Cordray. The CFPB will regard a person who is married under the laws of any jurisdiction to be married nationwide for purposes of the federal statutes and regulations under the Bureau’s jurisdiction regardless of the person’s place of residency. However, persons who are joined by a domestic partnership, civil union or other relationship not denominated by law as a marriage will not be regarded as married by the CFPB.

The Bureau will use and interpret the terms “spouse,” “marriage,” “married,” “husband,” “wife” and other similar terms related to family or marital status in statutes, regulations and policies administered, enforced or interpreted by the CFPB to include same-sex marriages and married same-sex spouses. This policy applies to:

  • Equal Credit Opportunity Act (ECOA) and Regulation B
  • Fair Debt Collection Practices Act (FDCPA)
  • Interstate Land Sales Full Disclosure Act (ILSA) and Regulation J
  • Truth in Lending Act (TILA) and Regulation Z

Read more.
Read the memorandum.

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