You're oversimplifying the issue here. The point is that Affirm is apparently using an amalgamation of potentially thousands of data points to make decisions about creditworthiness. Some of these data points, including name, email and mobile number, as well as behavioral factors, could very well prove to be proxies for characteristics which the law prohibits lenders from using to make credit decisions.
Interesting. At some level things like income could be considered a proxy as well... arguably the absence some of the more stringent consumer lenders, like Chase, on one's credit report might predict membership in a disadvantaged group.
