Documented consumer authorization
The recipient certifies to the consumer reporting agency that it has the consumer's authorization under the Fair Credit Reporting Act provision cited in the law.
Federal compliance information | Effective
Mortgage trigger leads after the Homebuyers Privacy Protection Act.
A plain-language orientation to Public Law 119-36 and the official text that controls. This is general compliance information, not an NMLA advocacy position or legal advice.
Federal law
Public Law 119-36
Enacted September 5, 2025
What changed
A new federal limit on mortgage prescreening reports.
When a person requests a consumer report in connection with a residential mortgage credit transaction, the law generally prevents the consumer reporting agency from using that request to furnish a prescreening report to another person unless the transaction is a firm offer of credit or insurance and the recipient satisfies one of the law's permitted relationship or authorization paths.
The statutory definitions and conditions control. Organizations should review the full text, their consumer-reporting practices, and advice from their own legal or compliance professionals.
Permitted pathways in the law
Authorization or an existing relationship.
The following is a condensed orientation, not a substitute for the statutory language.
Current mortgage relationship
The recipient originated a current residential mortgage loan for the consumer or currently services a residential mortgage loan for that consumer.
Current account relationship
The recipient is an insured depository institution or credit union and holds a current account for the consumer.
Effective March 4, 2026
The Act was enacted September 5, 2025 and provides an effective date 180 days after enactment. The resulting effective date is March 4, 2026.
Review points for organizations
Review lead sources, consumer-reporting vendors, authorization records, relationship-based eligibility, and the representations made to consumer reporting agencies. Confirm the organization's interpretation with qualified counsel.
Use the controlling source
Read Public Law 119-36.
The U.S. Government Publishing Office provides the enacted text and the Statutes at Large PDF.
Context matters
This is compliance information.
It is not listed as an NMLA advocacy priority and does not replace organization-specific legal advice.
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