Consumers have a right to apply for credit. A credit provider has the right to refuse to give credit on reasonable commercial grounds consistent with customary risk management and underwriting practices.

Prohibition of discrimination – including on the following grounds; race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth – when:

• assessing the ability of a person to meet his/her obligations
• deciding whether or not to grant credit
• determining the cost of credit
• determining the terms and conditions of an agreement
• requiring compliance with an agreement
• exercising any right of credit providers
• determining whether to enforce or seek judgement with regard to a credit agreement or terminate an agreement
• deciding whether or not to report a credit record

On request from a consumer, the credit provider must give the dominant reasons for refusing to enter into an agreement. If it is based on credit bureau information, the consumer must be provided in writing with the name, address and contact details of the credit bureau.

A consumer has a right to receive documents in a language that he/she can read and understand, to the extent that it is reasonable having regard to usage, practicality, expense, regional circumstances and the balance of needs and preferences of the people served by the creditor. A credit provider can apply to the NCR to use the two official languages predominantly spoken in the area in which the credit provider operates.

Documents given to consumers must be in plain language e.g. individuals with average literacy skills and minimum credit experience must understand it, having regard to:

• The context, comprehensiveness and consistency of the documents
• The organisation, form and style of the documents
• The vocabulary, usage, and sentence structure of the texts
• The use of any illustrations, examples, headings or other aids of reading and understanding

Delivering documents to a consumer should be based on the consumers choice in terms of the following options (and should be free of charge):

• In person, at the business premises of the consumer or any other place chosen by the consumer (the consumer must pay the costs)
• By ordinary mail, fax, e-mail or printable web page
• The courts have decided that deliver by way of registered mail should be read into the above list

On a written request, a consumer can obtain a replacement copy of a document (free of charge) within a year after the document was delivered to him. The credit provider can charge search and reproduction fees for any other replacement copies.

Credit providers are required to protect the confidentiality of consumer information and should only use it for a purpose permitted by law or in accordance with the instruction of the consumer or a court of the Tribunal.