News & Analysis as of

Mortgage Lenders Consumer Privacy Rights

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

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

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update

Hudson Cook, LLP on

While uncertainty continued to loom over the CFPB, the states did not take a spring break. Instead, we saw an eye-popping settlement from NY DFS involving BSA/AML claims. And both republican and democratic AGs continued to...more

Orrick, Herrington & Sutcliffe LLP

Arkansas updates its Fair Mortgage Lending Act with two new amendments

On March 12, Arkansas enacted HB 1466 which amends the state’s Fair Mortgage Lending Act. HB 1466 introduces a set of definitions and regulatory requirements for mortgage brokers, bankers, servicers, loan officers, and...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

Troutman Pepper Locke on

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

Sheppard Mullin Richter & Hampton LLP

Reminder: FTC Safeguards Rule Notification Requirement Now In Effect

On May 13, the FTC’s amendment to the Safeguards Rule relating to the reporting of data breaches and security incidents, which were announced in October of 2023, became effective. As a reminder, the FTC’s Safeguards Rule...more

American Conference Institute (ACI)

[Event] Residential Mortgage Regulatory Enforcement & Litigation - October 29th-30th, Dallas, TX

Attend the only forum designed to help you navigate the Residential Mortgage Industry’s evolving landscape. Now in its 26th installment, ACI’s Residential Mortgage forum has become a premier gathering of the key industry...more

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