The 2001 guidance's list of characteristics. The agencies (the OCC, the Federal Reserve, the FDIC and the former Office of Thrift Supervision) said subprime borrowers typically display one or more of: two or more 30-day delinquencies in the last 12 months, or one or more 60-day delinquencies in the last 24 months; a judgment, foreclosure, repossession or charge-off in the prior 24 months; a bankruptcy in the last five years; a relatively high default probability, "for example, a credit bureau risk score (FICO) of 660 or below (depending on the product/collateral)"; or a debt service-to-income ratio of 50% or more, or otherwise limited ability to cover family living expenses after debt payments. The agencies added that the list "is illustrative rather than exhaustive and is not meant to define specific parameters for all subprime borrowers." It is examination guidance for bank supervisors, aimed at institutions whose subprime lending programs carry an aggregate credit exposure of 25% or more of their tier 1 capital; it does not set rules for consumers.
The CFPB's reporting tiers. The Consumer Financial Protection Bureau's December 2025 report on the credit card market groups cardholders into six tiers, among them "'subprime' (580 to 619), and 'deep subprime' (579 or less)," and notes that this "differs from the five-tier division used in some prior" reports. The cutoffs are a reporting convention, and lenders draw their own lines.
Risk-based pricing. Because a lender expects more losses on loans to subprime borrowers, it charges more: a higher rate, a larger down payment, a lower limit or added fees. When a lender, based on your credit report, gives you terms materially less favorable than the most favorable terms it offers a substantial proportion of consumers, the Fair Credit Reporting Act generally requires a risk-based pricing notice.
Subprime is not the same as predatory. Pricing credit to its risk is the ordinary business of lending. What federal law targets is defined separately: a high-cost mortgage, a higher-priced mortgage loan and an "abusive" act or practice each have their own tests, set out on the predatory lending page. A subprime loan can meet one of them, but being subprime does not by itself make a loan unlawful or abusive.