H.R. 2808

[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):
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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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