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The U.S. Senate on Thursday unanimously passed the Homebuyers Privacy Protection Act (S. 1467), a bipartisan bill aimed at curbing the abusive use of trigger leads in the mortgage industry—a move widely applauded by mortgage trade groups.
The Senate action follows the House Financial Services Committee’s approval of a similar bill (H.R. 2808) earlier this week. That version is now headed to the House floor for a vote.
Both bills would prohibit companies from making credit offers via phone, email, text, or mail unless the consumer has provided explicit consent, or the offer comes from their mortgage originator, servicer, depository institution or credit union with an existing relationship. In all cases, offers must be “bona fide,” meaning the lender must be ready to extend real credit.
However, the House version includes a directive for the Comptroller General to study the value and impact of trigger leads delivered by text message, with findings due within 12 months of the bill’s enactment.
The amendment reflects pushback from opponents—primarily credit reporting industry lobbyists—who argue that the bill could harm consumers by limiting their ability to shop for better mortgage offers.
Groups like the Consumer Data Industry Association (CDIA) have advocated for maintaining the ability to send written credit offers via mail, email, or text from any company receiving a trigger lead, not just those with existing relationships, HousingWire reported.
If the House passes its version with the text message study intact, the two chambers will need to reconcile differences before a final bill can be signed into law. There’s an expectation that a rule will be in place by the end of 2025.
In 2024, a trigger lead bill cleared the Senate as part of the National Defense Authorization Act, but it failed to pass the House. The version in analysis — reintroduced in the 119th Congress in April — has bipartisan, bicameral support. Its sponsors include Sens. Bill Hagerty (R-Tenn.) and Jack Reed (D-R.I.), along with Reps. John Rose (R-Tenn.) and Ritchie Torres (D-N.Y.).
“The Senate passage of this important bill, following similar legislation advancing in the House Financial Services Committee earlier in the week, is an enormous step toward finally putting a stop to trigger lead abuses,” said Mortgage Bankers Association (MBA) president and CEO Bob Broeksmit, in a statement.
“MBA looks forward to working with the sponsors and House and Senate leadership to reconcile the slight differences in the two bills so that one bill can be passed in both chambers and signed into law as quickly as possible.”
Broker Action Coalition co-founder Brendan McKay said the progress “shows what’s possible when the industry works together instead of in silos. The BAC is proud to be part of a coalition—led by the MBA—that’s driving a coordinated, strategic effort to maximize our impact. But progress isn’t the goal. There is more work to be done and the BAC is here for it.”
Earlier in June, 42 state attorneys general sent a letter urging Congress to act, citing the limitations of state-level enforcement and the need for comprehensive federal protections.
“Not only are these solicitations an infringement on consumer privacy, but a number of these companies misrepresent themselves and cause confusion—or outright deception—among consumers,” the letter stated.
Isaac Boltansky, who leads public policy efforts at Pennymac, said he is optimistic that a bill will reach President Trump’s desk this year.
“This type of bill is relatively rare in Washington as it has the distinction of being bipartisan, commonsense, and undeniably useful for American consumers,” he said. “There are still some questions on the road ahead as the bills need to be reconciled, but seeing decisive movement in both chambers signals that Congress understands the importance of this issue and the need for action.”
