Homebuyers Privacy Protection Act — FCRA § 604(c) (15 U.S.C. 1681b(c)) trigger-lead restriction
Homebuyers Privacy Protection Act, H.R. 2808 (119th Congress) — enrolled bill. Amends FCRA § 604(c) (15 U.S.C. 1681b(c)) by adding paragraph (4) to restrict consumer reporting agencies from furnishing a mortgage "trigger lead" consumer report to another person based on a mortgage-triggered prescreening request, unless the transaction is a firm offer of credit or insurance and the recipient has the consumer's authorization, originated the current residential mortgage loan, services it, or is an insured depository institution or credit union holding a current account. Includes definitions, the 180-day effective-date provision, and the GAO study. Full verbatim text captured clause-by-clause from the congress.gov enrolled-bill snapshot.
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Verbatim regulatory text
Verbatim provisions from Homebuyers Privacy Protection Act — FCRA § 604(c) (15 U.S.C. 1681b(c)) trigger-lead restriction — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
HPPA — Section 1 — Short Title
This Act may be cited as the ‘‘Homebuyers Privacy Protection Act’’.
HPPA — Section 2(a) — Amendment to FCRA § 604(c) (15 U.S.C. 1681b(c))
Section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended by adding at the end the following:
HPPA — § 604(c)(4)(A)(i) — Definition: credit union
The term ‘credit union’ means a Federal credit union or a State credit union, as those terms are defined, respectively, in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
HPPA — § 604(c)(4)(A)(ii) — Definition: insured depository institution
The term ‘insured depository institution’ has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).
HPPA — § 604(c)(4)(A)(iii) — Definition: residential mortgage loan
The term ‘residential mortgage loan’ has the meaning given the term in section 1503 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5102).
HPPA — § 604(c)(4)(A)(iv) — Definition: servicer
The term ‘servicer’ has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)).
HPPA — § 604(c)(4)(B) — Limitation on furnishing consumer report from a mortgage-triggered request
If a person requests a consumer report from a consumer reporting agency in connection with a credit transaction involving a residential mortgage loan, that agency may not, based in whole or in part on that request, furnish a consumer report to another person under this subsection unless—
HPPA — § 604(c)(4)(B)(i) — Condition: firm offer of credit or insurance
the transaction consists of a firm offer of credit or insurance; and
HPPA — § 604(c)(4)(B)(ii)(I) — Recipient condition: consumer authorization under paragraph (1)(A)
has submitted documentation to that agency certifying that such other person has, pursuant to paragraph (1)(A), the authorization
HPPA — § 604(c)(4)(B)(ii)(II)(aa) — Recipient condition: originated the current residential mortgage loan
has originated a current residential mortgage loan
HPPA — § 604(c)(4)(B)(ii)(II)(bb) — Recipient condition: servicer of the current residential mortgage loan
is the servicer of a current residential mortgage loan
HPPA — § 604(c)(4)(B)(ii)(II)(cc) — Recipient condition: insured depository institution or credit union holding a current account
is an insured depository institution or credit union; and ‘‘(BB) holds a current account for the consumer to whom the consumer report relates.
HPPA — Section 3 — Effective Date (180 days after enactment)
This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act.
HPPA — Section 4(a) — GAO study on the value of trigger leads received by text message
The Comptroller General of the United States shall carry out a study on the value of trigger leads received by text message that includes input from State regulatory agencies, mortgage lenders, depository institutions
HPPA — Section 4(b) — GAO report to Congress within 12 months
Not later than the end of the 12-month period beginning on the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing any findings and determinations made in the study required by subsection (a).