Attorney General Jason Miyares joined a bipartisan coalition of attorneys general in urging Congress to pass the Homebuyers Privacy Protection Act to curb the abusive use of mortgage credit “trigger leads.” The Act will safeguard Virginia consumers and restore privacy protections for homebuyers.
Trigger leads are a type of consumer data that can be sold by credit bureaus to competing lenders and marketing companies, allowing third-party lenders to bombard consumers with competing offers, robocalls-and-texts, and misleading or even fraudulent solicitations. Though legal under the Fair Credit Reporting Act (FCRA), this practice has led to a surge in complaints and confusion among borrowers. For years, state attorneys general have attempted to protect consumers from these practices, but their efforts have been repeatedly undercut by federal preemption in the FCRA.
“Congress has an opportunity to protect the personal information of millions of Americans by passing this commonsense, bipartisan-backed bill. Too many hardworking Virginia families have been harassed and misled by aggressive telemarketers the moment they begin the homebuying process. It’s time to stop turning the American dream of homeownership into a marketing free-for-all,” said Attorney General Jason Miyares.
The Homebuyers Privacy Protection Act would restrict the use of trigger leads to businesses with a prior relationship with the consumer or those who have received explicit consent, protecting consumer privacy while preserving healthy market competition.
In 2023, similar legislation passed the U.S. Senate unanimously. With growing bipartisan momentum and cross-industry support, Attorney General Miyares urges Congress to act quickly and pass this legislation to protect homebuyers, end deceptive marketing practices, and ensure Americans can pursue the dream of homeownership without being preyed upon.
Virginia joined the attorneys general of American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Hawaii, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, the U.S. Virginian Islands, Washington, West Virginia, and Wyoming.
Read the letter here.