Miyares Backs Federal Bill to Shield Virginia Homebuyers from Misleading Mortgage Marketing

Virginia Attorney General Jason Miyares has joined a bipartisan group of attorneys general from across the country in urging Congress to pass the Homebuyers Privacy Protection Act, a measure designed to shield homebuyers from aggressive and misleading marketing tactics tied to their mortgage credit data.

At the center of the issue is the use of “trigger leads,” a legal but controversial practice in which credit bureaus sell consumer data to third-party lenders and marketing firms the moment someone applies for a mortgage. These companies then flood prospective homebuyers with unsolicited phone calls, text messages, emails, and sometimes fraudulent offers—often before the borrower even hears back from their own lender.

“Too many hardworking Virginia families have been harassed and misled by aggressive telemarketers the moment they begin the homebuying process,” said Miyares. “It’s time to stop turning the American dream of homeownership into a marketing free-for-all.”

While allowed under the Fair Credit Reporting Act (FCRA), these practices have triggered growing concern nationwide. State attorneys general say they have long attempted to protect consumers from the abuse of trigger leads, only to be blocked by federal preemption clauses in the FCRA. Now, with bipartisan support and a renewed push in Congress, officials are calling for lasting change.

The Homebuyers Privacy Protection Act would limit the sale of trigger leads only to companies that already have a relationship with the consumer or that have received explicit consent to access the data. Supporters say the bill strikes a balance—protecting consumer privacy without shutting down healthy competition among lenders.

In 2023, a similar version of the bill passed the U.S. Senate with unanimous support, indicating strong bipartisan backing for the measure. The current version continues to gain traction, with support from both lawmakers and industry leaders who want to end deceptive marketing and restore trust in the mortgage process.

For many home buyers, especially first-time buyers, the barrage of unexpected offers can be overwhelming and confusing. In some cases, misleading solicitations have caused borrowers to mistakenly abandon secure, affordable mortgage offers in favor of more costly options. Others have become targets of scams.

By curbing the misuse of consumer data and restoring clear privacy boundaries, the bill would help protect the personal information of millions of Americans during one of the most important financial decisions of their lives.

Virginia joins a broad coalition of support that includes 49 states and territories, including Maryland, North Carolina, Pennsylvania, New Jersey, New York, and Washington, D.C., all pressing Congress to act swiftly.

“Congress has an opportunity to protect the personal information of millions of Americans by passing this commonsense, bipartisan-backed bill,” said Miyares.

If passed, the Homebuyers Privacy Protection Act would represent a significant step toward modernizing consumer data protections in the housing market. It would ensure that Americans can pursue the dream of homeownership without being bombarded, misled, or taken advantage of along the way.

(from Press Release)