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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