The United States Senate has passed the Homebuyers Privacy Protection Act (HR 2808), legislation that now moves to the desk of President Trump for his signature.
The Homebuyers Privacy Protection Act would reduce the number of unwanted calls and messages potential homeowners across the country experience during the homebuying process. Credit bureaus are typically notified when a consumer applies for financing, and that information (which is commonly referred to as a “trigger lead”) is then often sold by credit bureaus to data brokers (including other lenders) without the consumer’s knowledge or approval.
Consumers are then often bombarded with hundreds of unwanted solicitations.
“Buying a home is already a complex and stressful process. Consumers should not get needlessly ‘spammed’ with unsolicited, predatory offers just because they take a necessary step in the homebuying process. This bill would halt abusive trigger leads,” said Sen. Jack Reed, a senior member of the Banking, Housing, and Urban Affairs Committee and lead sponsor on the bill. “The Homebuyers Privacy Protection Act will put consumers back in the driver’s seat and help cut down on the spam. It will help reduce predatory practices and provide much needed relief from unwanted industry calls, texts, and emails.”
According to National Association of Mortgage Brokers (NAMB) President Jim Nabors: “It is not unusual for bank customers to receive 100+ misleading texts, phone calls and emails within the first 24 hours of applying for a mortgage and the passage of this bill will go a long way in relieving this burden to homebuyers.”
HR 2808 would amend the Fair Credit Reporting Act (FCRA) to prohibit a consumer reporting agency from furnishing a trigger lead unless an individual chooses to opt-in, while also preserving the use of trigger leads in appropriately limited circumstances.
There are currently eight states—Rhode Island, Connecticut, Kansas, Kentucky, Maine, Texas, Utah, and Wisconsin—that restrict the use of trigger leads in some fashion, and Idaho (new law effective July 2025) and Arkansas (new law effective August 2025) have also recently passed trigger lead laws that will soon take effect.
“MBA celebrates the final passage of this important bill — a long-overdue measure that will finally put an end to the abusive use of mortgage credit trigger leads,” said Mortgage Bankers Association (MBA) President and CEO Bob Broeksmit, CMB. “This new law will help protect consumers from the barrage of unwanted calls, texts, and emails they too often receive immediately after applying for a mortgage. It marks a major victory for borrowers and will create a more efficient, responsible, and respectful homebuying process.”
According to the Homebuyers Privacy Protection Act, a creditor will be able to obtain a trigger lead from a consumer reporting agency only if:
- The creditor makes a firm offer of credit to the consumer
- The creditor submits documentation to the agency certifying that the creditor has the authorization of the consumer to obtain a consumer report on the consumer; originated the consumer’s current residential mortgage loan; services the consumer’s current residential mortgage loan; or is an insured depository institution or credit union and holds a current account for the consumer.
“It has been a long journey, but CHLA is grateful that trigger leads legislation is about to become law”, said Scott Olson, Executive Director of the Community Home Lenders of America (CHLA). “Three years ago, CHLA called for action to clean up abusive trigger lead mortgage industry practices—and an end to such practices is in sight.”
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