Can Mystery Shopping Reveal Pre-Application Discrimination in Lending?

Imagine walking into a bank, eager to inquire about a loan. You’re hopeful, armed with knowledge about your financial standing, and ready to take the next step in your financial journey. But, as you leave, you can’t help but wonder: “Was I treated fairly? Did I get the same opportunities as anyone else?”

If you felt this way then with utter disgust I must say you faced Pre-Application discrimination in lending.

But can mystery shopping help reveal Pre-Application discrimination practices in banks and other financial institutions? Let’s find out how.

What is Pre-application discrimination in lending?

Pre-application discrimination in lending refers to the unfair or biased treatment of potential borrowers by lending institutions or banks even before they formally apply for a loan. This type of discrimination can manifest in various ways:

Information Disparity:

 Lenders might provide different or selective information to different individuals based on their race, gender, nationality, or other protected classes. For instance, they might highlight favorable loan terms to one group but not to another, or they may not provide information about certain loan products to some individuals based on preconceived biases.

Deterrence from Applying: 

Some potential borrowers are discouraged or deterred from applying for loans due to the treatment they receive. For example, they may be told that they “probably won’t qualify” without the lender having sufficient information about their financial background.

Inconsistent Treatment: 

This may include differences in wait times, the level of courtesy extended, the thoroughness of information given, or any other aspect of service. It varies based on a person’s membership in a protected class, rather than their financial qualifications.

Unfavorable Terms: 

Even before a formal application, a potential borrower might be given indications that they will face unfavorable loan terms compared to others, based on discriminatory factors.

The Role of Mystery Shopping in Detecting Discrimination

Unearthing covert discriminatory practices can often feel like searching for a needle in a haystack. Enter mystery shopping: an innovative tool that has proven instrumental in shedding light on hidden biases in various industries, including the lending sector. 

Let’s explore how this undercover technique plays a pivotal role in unveiling pre-application discrimination and helping to ensure the integrity of the credit process.

Understanding Mystery Shopping

Mystery shopping involves individuals posing as regular customers to assess and report on the quality of service, and compliance with regulations, or to gather specific information about products and services. In the context of lending, mystery shoppers simulate potential borrowers, documenting every interaction and gathering evidence of any differential treatment.

Unmasking Pre-Application Discrimination

Standardized Experience: By having mystery shoppers approach banks or lenders with standardized profiles, any deviations in the treatment, information offered, or terms suggested can be directly attributed to discriminatory biases. For example, if two shoppers with similar financial profiles but different racial backgrounds receive varying loan terms, it raises red flags.

Objective Data Collection: Mystery shoppers are trained to objectively record their experiences. Their detailed reports provide invaluable data that can be analyzed to identify patterns of bias or irregularities in the lending process.

Holistic Evaluation: Beyond just numbers and terms, mystery shopping can unveil subtler forms of discrimination. This includes how potential borrowers are greeted, the quality and depth of information provided, response times, and even body language or tone of voice.

Influencing Policies and Training

The findings from mystery shopping exercises can serve as a wake-up call for lending institutions. Not only can they highlight areas requiring immediate redress, but they also offer insights into where training and policy adjustments are necessary.

Proactive lenders can use this feedback to develop more inclusive training programs and ensure staff understand and comply with the Equal Credit Opportunity Act (ECOA).

Benefits of Using Mystery Shopping to Detect Pre-Application Discrimination

Imagine facing unseen barriers or biases even before filling out a loan application. Detecting these subtle forms of discrimination is paramount for ensuring fairness and transparency. 

Here’s where mystery shopping emerges as an invaluable asset. Let’s delve into the manifold benefits of employing this method to root out pre-application discrimination.

1. Objective Insights into Lender Practices

Mystery shopping provides an unbiased lens to assess a lender’s practices. Since mystery shoppers come in without any preconceived notions or connections to the lending institution, their experiences offer a raw, undistorted snapshot of the lending process.

2. Uncovering Subtle and Covert Discrimination

While covert discrimination can sometimes be evident from recorded data or customer complaints, subtler forms can easily fly under the radar. Mystery shoppers can pick up on nuances such as hesitation in service, patronizing tones, or withholding of crucial information based on perceived biases.

3. Providing Quantifiable Data

Beyond just qualitative insights, mystery shopping generates a wealth of quantifiable data. This allows for structured analysis, comparisons across branches or institutions, and the formulation of measurable action points for lenders.

4. Enhancing Consumer Confidence

When lending institutions actively engage in or endorse mystery shopping programs, it signals a commitment to fairness and equity. This can boost consumer confidence, assuring potential borrowers that they’re entering a transparent and unbiased lending environment.

5. Catalyzing Institutional Change

The feedback from mystery shopping can act as a catalyst for organizational reform. When patterns of bias emerge, they not only highlight training gaps but can also lead to reviews of hiring practices, training modules, and even organizational culture.

6. Reinforcing Regulatory Compliance

Mystery shopping serves as a proactive approach for lenders to ensure they’re in line with regulations like the Equal Credit Opportunity Act (ECOA). Regular evaluations can help institutions remain compliant and avoid potential legal ramifications.

7. Highlighting Training Needs

Discrepancies in service or biased behaviors often point toward training gaps. The findings from mystery shopping expeditions can guide the development of comprehensive and targeted training programs for staff, ensuring they’re equipped to offer fair and consistent service.

What is the Equal Credit Opportunity Act (ECOA)?

The Equal Credit Opportunity Act (ECOA) is a cornerstone legislation ensuring equal access to credit for everyone, irrespective of personal characteristics. Here’s a concise exploration of its key facets and implications for equitable lending.

Origins and Purpose

Introduced in 1974, the ECOA was a response to prevalent credit discrimination in the U.S. Its primary aim: ensure consumers are judged on financial merit and not on attributes like race, religion, or gender.

Main Elements

Non-Discrimination: ECOA mandates that creditors must not discriminate based on protected characteristics at any lending phase, from advertisements to loan terms.

Notification Standards: Credit denial must come with clear reasons under ECOA, ensuring transparency and offering a chance for applicants to contest perceived biases.

Inquiry Restrictions: While lenders can inquire about marital status or public assistance, they’re limited in how they can use this data, ensuring it doesn’t become a basis for discrimination.

Documentation: ECOA obliges creditors to maintain detailed application records, aiding in potential compliance checks or investigations.

Oversight and Redress

With the ECOA having robust enforcement provisions, agencies like the Consumer Financial Protection Bureau (CFPB) supervise its adherence. Victims of discrimination have the right to lodge complaints and pursue legal action, with provisions for damages and legal fee compensations.

A Study Conducted by NCRC- Racial and Gender Mystery Shopping for Entrepreneurial Loans

This is a study conducted by NCRC on Pre-Application discrimination based on Gender and Racial bias. The summary of the study is as follows,

Background:

More women are starting businesses, but they still face difficulties in getting loans, especially Black women.

What Was Done:

• The National Community Reinvestment Coalition (NCRC) did a study in Atlanta and Washington, D.C.
• They sent different groups of people to 90 bank branches to see how they were treated when asking for a business loan.
• This method is like secret shopping where they compared how different genders and races were treated.

Key Findings:

Treatment at Banks:

• Overall, women and people of color had worse experiences at banks.
• Black women faced the most challenges.

Existing Laws:

• There’s a law (ECOA) that says banks shouldn’t discriminate based on things like race or gender. But the study shows there might be issues.

Training & Solutions:

• Banks need better training so they treat everyone the same.
• Having a mix of different employees might help.
• It’s also suggested that there’s a watchdog (CFPB) that should monitor bank activities more closely.

Broader Context:

• 40% of US businesses are owned by women.
• Minority women own about 47% of all women-owned businesses.
• Congress has tried to support women in business, but the support isn’t enough for everyone.
• There’s a big focus on getting loans because it helps businesses grow.
• The data we have on who gets loans is limited, and the information is often not complete or clear.
• Some businesses turn to online lenders, but there are differences in how men and women are treated there too. Women usually get smaller and more expensive loans.
• Wealth is also a factor. There’s a big wealth gap between races. Businesses can help increase personal wealth.

The Mystery Shopping:

• NCRC did a deep dive into the whole process of asking for a loan.
• They looked at how bank employees greeted people, what questions they asked, and how the conversation ended.
• Generally, everyone got poor service, but there were significant differences based on race and gender.
• For instance, Black women were less likely to be introduced to bank staff, which can make the loan process harder.

Conclusion:

While everyone had some challenges at the banks, Black women faced the most.

To ensure everyone gets a fair chance, banks need better training and should be closely monitored.

Here is the link to the PDF version of the report.