Adds to existing law to provide for consumer privacy in mortgage applications.
Summary
House Bill 149 amends Idaho’s Residential Mortgage Practices Act by creating a new section on consumer privacy in mortgage applications. The bill targets “mortgage trigger leads,” which are consumer reports generated when a person applies for mortgage credit and that can then be used by third parties to market competing loan offers. It requires that any solicitation based on such a trigger lead clearly disclose, at the outset, that the solicitor is not affiliated with the consumer’s original lender or broker and that the solicitation is based on purchased consumer information.
The bill also requires these solicitations to comply with federal Fair Credit Reporting Act prescreening rules, including the requirement to make a firm offer of credit, and it prohibits using trigger-lead information to contact consumers who have opted out of prescreened credit offers or who are on federal or state do-not-call lists. Any violation is treated as a violation of the Idaho Consumer Protection Act. The act is declared an emergency measure and takes effect July 1, 2025.
Impact
The bill adds a new consumer-protection rule to Idaho Code, specifically Chapter 31, Title 26, governing residential mortgage practices. It expands state law by regulating how mortgage-related consumer data may be used in marketing and by making noncompliant trigger-lead solicitations actionable under the Idaho Consumer Protection Act. The practical effect is to limit certain third-party mortgage marketing practices and increase disclosure obligations for lenders, brokers, and solicitors using credit-triggered leads.
Sentiment
The voting history suggests the bill had generally favorable support in both chambers, passing the House 55-12 and the Senate 26-9. That margin indicates broad approval, though not unanimous, consistent with a consumer-privacy measure that many lawmakers likely viewed as a modest but meaningful protection for mortgage applicants. No committee transcript was provided, so there is no recorded debate to indicate more detailed sentiment beyond the roll-call support.
Contention
The main point of contention appears to be the balance between consumer privacy and the mortgage industry’s use of trigger leads for competitive marketing. Supporters likely favored stronger notice requirements, opt-out protections, and limits on unsolicited calls, while opponents may have been concerned about restricting legitimate marketing, reducing competition among lenders, or adding compliance burdens for brokers and solicitors. The recorded nays in both chambers suggest some lawmakers objected to at least part of that regulatory tradeoff.