Q: When an applicant provides race or ethnicity information over the telephone is it permissible for the person taking the application to skip over the remaining race and ethnicity-related subcategories (e.g., the “Hispanic or Latino” subcategories)?
No. For applications taken by telephone, Instruction 1 of Appendix B to Regulation C, 12 CFR Part 1003
requires a person collecting the race or ethnicity information to orally state the information in the collection form unless the information pertains uniquely to applications taken in writing, for example, the italicized language in the sample data collection form. Instruction 9 of Appendix B to Part 1003 sets forth the aggregate and disaggregate subcategories reflected on the sample data collection form. In this scenario, the financial institution should orally state to the applicant all race and ethnicity categories provided in Appendix B to Part 1003—Form and Instructions for Data Collection on Ethnicity, Race, and Sex.
For general information on the collection and reporting of applicant information, see section 2.4 of the HMDA Small Entity Compliance Guide
and Appendix B to Part 1003—Form and Instructions for Data Collection on Ethnicity, Race, and Sex.
This Q&A was based on information contained in the Consumer Financial Protection Bureau’s HMDA FAQs Compliance Aid, which may be updated from time to time. This HMDA-related issuance may be found here: