U.S. Rep. John Rose (TN-06) introduced the Protecting Consumers from Abusive Mortgage Leads Act, which would ban trigger leads except in limited circumstances.
Trigger leads occur when a consumer applies for a mortgage, and the inquiry to credit by the lender is a trigger that notifies the credit bureau that the consumer is interested in applying for financing. Trigger leads are then sold by the credit bureaus to data brokers (including other lenders) without the consumer’s knowledge or approval. Consumers are then often bombarded with hundreds of calls that confuse consumers and seek to lure them away from their chosen lenders.
Rep. Rose’s bill prohibits a consumer reporting agency from furnishing a trigger lead unless the third party certifies to the consumer reporting agency that the third party has a current relationship with the consumer. The bill is tailored to give consumers more control over the information they receive as part of the homebuying process and eliminates trigger lead abuses while preserving their use in appropriately limited circumstances.
“Buying a home is stressful enough for many consumers. The last thing most folks want is to be annoyed incessantly by the constant barrage of emails, text messages, and phone calls after they apply for a mortgage,” said Rep. Rose. My bill would put an end to this shady and confusing practice and restore data privacy for homebuyers.”
“Representative Rose’s legislation would ensure Tennessean’s right to privacy by preventing credit bureaus from selling their information when a credit report is pulled. It is not unusual for bank customers to receive 50+ misleading texts, phone calls and emails within the first 24 hours of applying for a mortgage,” said Colin Barrett, President and CEO of the Tennessee Bankers Association.
“The Mortgage Bankers Association commends Representative John Rose for introducing this legislation. This important legislation will protect consumers by curbing the inappropriate use of credit trigger leads, while simultaneously preserving existing real estate customer relationships. This bill will severely curtail bad actors from inundating unsuspecting consumers with phone calls from companies with whom they have no prior relationship simply because they have applied for a home loan. The bill permits the use of trigger leads only by those with a current customer relationship, and when the consumer has opted in to receive calls from other companies. We urge Congress to quickly consider this legislation that will stop the unwanted harassment of consumers and maintain an efficiently functioning mortgage market,” said Bill Killmer, Executive Vice President Legislative and Political Affairs for the Mortgage Bankers Association. Read the full text of the Protecting Consumers from Abusive Mortgage Leads Act here.