News & Analysis as of

Fair Credit Reporting Act (FCRA) Mortgage Lenders

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 70: AI Risk, Regulation & the Future of Mortgage Banking

Gabriel Acosta and Liz Facemire from the Mortgage Bankers Association join RegFi co-hosts Jerry Buckley and Sherry Safchuk to discuss how artificial intelligence — both long-standing automated underwriting tools and emerging...more

McGlinchey Stafford

Litigation Byte (July 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Second Department Holds Judicial Estoppel Bars...more

Sheppard Mullin Richter & Hampton LLP

Congress Passes Homebuyer Lead Reform Bill, Limiting Mortgage Lead Sharing Under FCRA

On August 2, the U.S. Senate passed the Homebuyers Privacy Protection Act (H.R. 2808) by unanimous consent, which amends the Fair Credit Reporting Act (FCRA) to restrict consumer reporting agencies from sharing “trigger...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on

SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Mayer Brown

States Dialing in on Mortgage Trigger Leads

Mayer Brown on

In a notable trend in state consumer financial regulation, state legislatures are increasingly seeking to regulate a variety of marketing and advertising practices, rather than limiting their regulatory focus limited to the...more

Orrick, Herrington & Sutcliffe LLP

Senate passes bill to amend the FCRA

On June 12, the U.S. Senate passed S. 1467, the Homebuyers Privacy Protection Act, which would amend Section 604(c) of the FCRA by adding new limitations on prescreening reports....more

Ballard Spahr LLP

House Financial Services Committee approves ‘trigger leads’ bill

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The House Financial Services Committee has approved a bill that would restrict the use of “trigger leads” in the mortgage industry. ...more

Ballard Spahr LLP

Trigger Leads – Don’t Forget about the States

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As Rich Andreano blogged on April 15, 2025, legislation to prohibit or restrict so-called “trigger leads” in the home-buying process has been reintroduced in the House and Senate. The legislation has broad industry and...more

Venable LLP

CFPB Narrows Supervision and Enforcement, Leaving Broader Focus to States

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The CFPB confirmed in a recent memo to staff that it is shifting its tone on supervision and enforcement—even as reports circulate about significant staffing cuts and potential structural changes at the agency. ...more

Ballard Spahr LLP

Legislation to prohibit ‘trigger leads’ in mortgage industry reintroduced in House, Senate

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Legislation to prohibit so-called “trigger leads” in the homebuying process once again has been reintroduced in the House and Senate....more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – April 2025

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Orrick, Herrington & Sutcliffe LLP

Idaho enacts consumer privacy section for mortgage applications

On March 17, the Governor of Idaho signed into law HB 149 (the “Act”) enacting a new section titled “Consumer Privacy In Mortgage Applications” to the Idaho Residential Mortgage Practices Act. The Act addresses consumer...more

Bradley Arant Boult Cummings LLP

Who Regulates Residential Mortgage Trigger Leads?

In a bit of a surprise development at the end of 2024, the United States Senate passed the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act (FCRA) to include specific restrictions on the use of...more

Troutman Pepper Locke

Federal Court Allows FCRA Claim to Proceed Over Alleged Unauthorized Credit Pulls

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Recently, the Eastern District of Kentucky denied a motion to dismiss under the Fair Credit Reporting Act (FCRA) after finding the plaintiffs alleged sufficient facts to support a reasonable inference that credit reports were...more

Amundsen Davis LLC

Will Credit Bureaus Continue to Escape Justice? Part 1: Why Consumers Suffer

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On August 7, in Frazier v. Equifax Information Services, LLC, the United States Court of Appeals for the Seventh Circuit affirmed a lower court’s decision to grant summary judgment to defendant Equifax, a consumer credit...more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

McGlinchey Stafford

FCRA Claims Fail as Mortgagor Could Not Satisfy His Repayment Obligations by Tendering Another Promise to Pay

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On September 19, 2024, the District Court for the Eastern District of New York dismissed claims against the mortgage lender, its mortgage servicer, and credit reporting agencies under the Fair Credit Reporting Act (FCRA), 15...more

Troutman Pepper Locke

Highlights from the CFPB’s Spring 2024 Semi-Annual Regulatory Agenda

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The Consumer Financial Protection Bureau (CFPB or Bureau) recently released its semi-annual regulatory agenda, outlining its planned rulemaking initiatives. The CFPB releases regulatory agendas twice a year in voluntary...more

Ballard Spahr LLP

Diverse Group Expresses Support for Bills to Limit Trigger Leads

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As previously reported, bills were introduced in the U.S. House of Representatives (H.R. 7297) and U.S. Senate (S. 3502) to amend the Fair Credit Reporting Act (FCRA) to curtail the practice of trigger leads with mortgage...more

Bradley Arant Boult Cummings LLP

Connecticut Banking Commissioner Order Highlights Risks Associated with Call Center Mortgage Loan Origination and Employee Social...

On January 4, 2024, Connecticut Banking Commissioner Jorge L. Perez issued a temporary order to cease and desist against LoanSnap, Inc., ordering LoanSnap to cease and desist certain activities and notifying LoanSnap that its...more

Ballard Spahr LLP

Bills To Curtail Trigger Leads Introduced in Congress

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Bills have been introduced in the U.S. House of Representatives (H.R. 4198) and the U.S. Senate (S. 3502) to amend the Fair Credit Reporting Act (FCRA) to curtail the practice of trigger leads with mortgage loans....more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - October 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Orrick, Herrington & Sutcliffe LLP

District Court denies servicer’s claims that it never received QWR

The U.S. District Court for the Eastern District of Missouri recently considered whether a mortgage servicer received a borrower’s qualified written request (QWR) relating to a missed mortgage payment. The borrower sent a...more

Troutman Pepper Locke

Superior Court Upholds Connecticut Department of Banking’s Decision Imposing a $750,000 Fine on a Mortgage Lender for its...

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On April 19, the Superior Court of Connecticut issued an opinion affirming the Connecticut Department of Banking’s (DOB) decision to issue a $750,000 fine against a mortgage lender for allowing its unlicensed employees to...more

Womble Bond Dickinson

Equitable Defense Proves Valuable in FCRA Suit

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The U.S. District Court for the Western District of North Carolina found that the plaintiff was equitably estopped from pursuing a FCRA claim in light of her behavior related to the manner in which she chose to make her...more

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