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Homebuyers Privacy Protection Act: A Major Win for Consumer Privacy in the Mortgage Industry

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In a big win for home buyers, the Homebuyers Privacy Protection Act (H.R. 2808) has officially been signed by President Trump after being passed by both the Senate and House of Representatives. This groundbreaking legislation will put an end to the practice of “trigger leads” in the mortgage industry, protecting consumers' personal information from being sold to third parties without their consent after applying for a mortgage.

Key Takeaways

  • The law ends the sale of mortgage application data to third parties, reducing unwanted calls, texts, and emails.
  • It strengthens consumer privacy, ensuring personal information stays secure during the home buying process.
  • With fewer unsolicited solicitations, the law brings transparency, trust, and a more straightforward home buying experience.

What Are Trigger Leads and How Do They Affect Home Buyers?

When you apply for a mortgage, credit bureaus pull your credit report. Historically, after this inquiry, your personal information—such as contact details—was sold to third parties, including mortgage brokers, lenders, and other businesses. These third parties would then reach out to you with unsolicited offers, causing frustration, confusion, and sometimes leading to poor decision-making during the home-buying process.

This practice, known as trigger leads, has long been a pain point for consumers, as the barrage of unwanted communications can undermine confidence and slow down what should be a straightforward process.

How the Homebuyers Privacy Protection Act Ends Unwanted Solicitations

The bill, supported by bipartisan leaders Reps. John Rose (R-TN) and Ritchie Torres (D-NY) in the House, and Sens. Jack Reed (D-RI) and Bill Hagerty (R-TN) in the Senate, aims to tackle this issue by amending the Fair Credit Reporting Act. The law will stop the sale of mortgage application data unless certain conditions apply:

  • Consumer consent: A third party can only access your data if you’ve agreed to receive their offer.
  • Existing relationship: If the third party is your original lender or a bank/credit union where you have an account, they can still receive your information.
  • Firm offers only: The third party must be making a firm offer for credit or insurance, ensuring you’re not overwhelmed with random solicitations.

Why the Homebuyers Privacy Protection Act Matters for Home Buyers

The Homebuyers Privacy Protection Act will protect your sensitive data and give you control over who gets access to your personal information. You won’t have to worry about unsolicited communications that can flood your phone and inbox, frustrating your home-buying journey. This law is about giving you control, ensuring that the buying process is clear, focused, and free of distractions.

A Major Win for Consumer Privacy

The law is a major win for consumer privacy, backed by bipartisan support and advocacy from groups like the Community Home Lenders of America and the National Association of Mortgage Brokers. This bill reflects a shift towards more privacy protection in the mortgage industry.  As Bob Broeksmit, president of the Mortgage Bankers Association (MBA), said:

"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. 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 home buying process."

What Happens Next?

The new law will be effective starting March 5, 2026. This marks the beginning of a new era in consumer data protection and will likely inspire further privacy legislation across states. States like Texas and Idaho have already taken steps to limit trigger leads, and this federal law will help standardize protections across the country.

For consumers tired of unsolicited mortgage solicitations, this change is a welcome relief. The Homebuyers Privacy Protection Act makes your personal information safer and ensures that your home buying experience is more secure, transparent, and less stressful.

This is a win for consumers, the mortgage industry, and privacy advocates everywhere.


Frequently Asked Questions

Check our FAQs for responses to our most popular questions about our monthly housing updates.

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What is the Homebuyers Privacy Protection Act?

The Homebuyers Privacy Protection Act (H.R. 2808) is new federal legislation designed to protect mortgage applicants’ personal information. It bans the sale of “trigger leads,” which previously allowed credit bureaus to sell your contact details to third parties after you applied for a mortgage.

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What are trigger leads in the mortgage industry?

Trigger leads are lists of consumer data generated when a credit bureau records a mortgage credit inquiry. This information, such as your name, phone number, and address, was often sold to other lenders or companies, resulting in unwanted calls, texts, and emails.

How does the Homebuyers Privacy Protection Act help home buyers?

The law ensures that your personal information cannot be shared with third parties unless you’ve given consent, have an existing relationship with the lender, or receive a firm offer of credit. This means fewer unsolicited solicitations, a more private homebuying process, and a better overall experience.

When will the Homebuyers Privacy Protection Act take effect?

The law will take effect on March 5, 2026, giving lenders and credit bureaus time to comply with the new rules.

How does this law affect Churchill Mortgage customers?

Churchill Mortgage customers will benefit from increased privacy and fewer distractions during the home buying process. With no trigger leads being sold, clients can work directly with their Churchill Mortgage loan officer without interference from unsolicited offers.

Why is Churchill Mortgage supportive of this legislation?

Churchill Mortgage values client trust and transparency. By eliminating trigger leads, the Homebuyers Privacy Protection Act aligns with Churchill Mortgage’s mission to put clients first and protect their personal information.

Can lenders still contact me after I apply for a mortgage?

Only under certain conditions—if you’ve given explicit consent, if the lender already has an existing relationship with you, or if they are making a firm offer of credit or insurance.

How can I protect my information when applying for a mortgage?

Working with a trusted lender like Churchill Mortgage ensures your personal data is handled with care. This new law also provides federal protections, making it harder for third parties to access your information without permission.

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By submitting this form, I/we agree to your Privacy Policy, Email and Mobile Policy, Terms of Use and authorize Churchill Mortgage Corporation and/or their Preferred Provider for our area and/or The Churchill Agency to receive the above information to assist in obtaining a home loan.

I/we also authorize Churchill Mortgage Corporation, The Churchill Agency and/or their Preferred Provider for our area to contact us regarding but not limited to mortgage and insurance services and products via telephone, mobile phone (including through automated dialing), and/or email, even if telephone numbers or email I/we provide are on any Do Not Call/Contact Registry, such as corporate, state, or the National Do Not Call Registry. The submission of this form does not constitute in any way a formal loan application or a commitment for a loan. By communicating with us by phone, you consent to calls being recorded and monitored. For more information, read our Privacy Policy, Mobile Policyand Terms & Conditions. Consent to these terms is not a condition of purchase.

Your answer will NOT negatively affect your mortgage application. Your answer does not mean the Lender or Other Loan Participants agree to communicate or provide documents to you in your preferred language. However, it may let them assist you or direct you to persons who can assist you. Language assistance and resources may be available through housing counseling agencies approved by the U.S. Department of Housing and Urban Development. To find a housing counseling agency, contact one of the following Federal government agencies. U.S. Department of Housing and Urban Development (HUD) at (800)569-4287 or www.hud.gov/counseling

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