Whether the Equal Credit Opportunity Act authorizes a cause of action for individuals who are prospective applicants or inquirers subject to discriminatory discouragement by lenders prior to submitting a formal credit application

1. Whether the Equal Credit Opportunity Act 15 U.S.C. § 1691 et seq., authorizes a cause of action for individuals who are prospective applicants or inquirers, and who have been subject to discriminatory discouragement by lenders prior to the submission of a formal credit application, thereby resolving a circuit split between the Tenth and Seventh Circuits. 2. The 10th Circuit ’s decision raises the following issues not yet decided by this CourtI. Did Congress intend for the Equal Credit Opportunity Act to allow discrimination to occur to borrowers before they have a completed loan application? II. Should prospective applicants be able to bring suit under the Equal Credit Opportunity Act?