Homebuyers Privacy Protection Act

[119th Congress Public Law 36]
[From the U.S. Government Publishing Office]



[[Page 139 STAT. 493]]

Public Law 119-36
119th Congress

                                 An Act


 
  To amend the Fair Credit Reporting Act to prevent consumer reporting 
 agencies from furnishing consumer reports under certain circumstances, 
     and for other purposes. <<NOTE: Sept. 5, 2025 -  [H.R. 2808]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Homebuyers 
Privacy Protection Act.>> 
SECTION 1. <<NOTE: 15 USC 1601 note.>>  SHORT TITLE.

    This Act may be cited as the ``Homebuyers Privacy Protection Act''.
SEC. 2. TREATMENT OF PRESCREENING REPORT REQUESTS.

    (a) In General.--Section 604(c) of the Fair Credit Reporting Act (15 
U.S.C. 1681b(c)) is amended by adding at the end the following:
            ``(4) Treatment of prescreening report requests.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) 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).
                          ``(ii) 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)).
                          ``(iii) 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).
                          ``(iv) 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)).
                    ``(B) Limitation.--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--
                          ``(i) the transaction consists of a firm offer 
                      of credit or insurance; and
                          ``(ii) that other person--
                                    ``(I) has submitted documentation to 
                                that agency certifying that such other 
                                person has, pursuant to paragraph 
                                (1)(A), the authorization

[[Page 139 STAT. 494]]

                                of the consumer to whom the consumer 
                                report relates; or
                                    ``(II)(aa) has originated a current 
                                residential mortgage loan of the 
                                consumer to whom the consumer report 
                                relates;
                                    ``(bb) is the servicer of a current 
                                residential mortgage loan of the 
                                consumer to whom the consumer report 
                                relates; or
                                    ``(cc)(AA) is an insured depository 
                                institution or credit union; and
                                    ``(BB) holds a current account for 
                                the consumer to whom the consumer report 
                                relates.''.
SEC. 3. <<NOTE: 15 USC 1681b note.>>  EFFECTIVE DATE.

    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.
SEC. 4. GAO STUDY.

    (a) In General.--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 (as defined in section 3 of the Federal Deposit 
Insurance Act (12 U.S.C. 1813)), consumer reporting agencies (as defined 
in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)), and 
consumers.
    (b) Report.--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).

    Approved September 5, 2025.

LEGISLATIVE HISTORY--H.R. 2808 (S. 1467):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 119-166 (Comm. on Financial Services).
CONGRESSIONAL RECORD, Vol. 171 (2025):
            June 23, considered and passed House.
            Aug. 2, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2025):
            Sept. 5, Presidential remarks.

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