Trump Signs Bill to Crack Down on Abusive Mortgage "Trigger Leads" and Stop Unwanted Spam
As part of a bipartisan effort to protect homebuyers from unwanted and invasive solicitations, President Trump has signed into law a bill authored by Senator Jack Reed (D-RI) to restrict the sale of "trigger leads." These leads are generated when consumers apply for a mortgage, and their personal information is sold to mortgage brokers and lenders without their consent, leading to a flood of spam calls, texts, and emails.
Key Takeaways:
- The Homebuyers Privacy Protection Act, signed into law by President Trump, aims to curb the practice of selling trigger leads without consumers' consent, reducing unwanted solicitations.
- The law will limit the sale of trigger leads to mortgage brokers and lenders unless they have a pre-existing relationship with the consumer or the consumer has opted-in to receive them.
- Currently, eight states have laws restricting trigger leads, and two more - Idaho and Arkansas - will implement trigger lead laws in 2025.
- Cosponsors of the bill include Senators from both parties, demonstrating bipartisan support for the legislation.
- Consumer advocacy groups and financial trades, including the Mortgage Bankers Association and the National Association of Mortgage Brokers, have endorsed the bill.
- Despite some notable exceptions, the law will help put consumers back in control of their personal information and prevent spam calls, texts, and emails from irresponsible lenders.
Statistics:
- Prospective homebuyers typically receive over 100 misleading texts, phone calls, and emails within the first 24 hours of applying for a mortgage (NAMB president Jim Nabors).
- The Homebuyers Privacy Protection Act will amend the Fair Credit Reporting Act (FCRA) to include specific restrictions on the use of trigger leads in the residential mortgage lending space.
- Trigger leads will only be permitted if a mortgage broker or lender certifies they have a deep financial relationship with the consumer or if the consumer affirmsatively opts-in.
- The law aims to reduce the burden on homebuyers by preventing their personal information from being sold without consent, dramatically reducing spam calls, texts, and emails from irresponsible lenders.
Sources:
- Senator Jack Reed (D-RI) news release, September 5
- National Association of Mortgage Brokers (NAMB) president Jim Nabors
- Mortgage Bankers Association
- Independent Community Bankers of America
- American Bankers Association
- Community Home Lenders of America
- The National Consumer Law Center
- The Consumer Federation of America
- Americans for Financial Reform
- Congressman John Rose (R-TN-06) news release (H.R.2808)