Iowa 2025 2025-2026 Regular Session

Iowa House Bill HF857 Enrolled / Bill

Filed 04/10/2025

                    House File 857 - Enrolled   House File 857   AN ACT   RELATING TO SOLICITATION BY A FINANCIAL INSTITUTION USING   PRESCREENED TRIGGER LEAD INFORMATION FROM A CONSUMER REPORT.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:    Section 1. NEW SECTION   . 525.1 Financial institutions     unfair practices.    1. As used in this section, unless the context otherwise    requires:    a. Consumer report means the same as defined in the    federal Fair Credit Reporting Act, 15 U.S.C. 1681a.    b. Financial institution means the same as defined in    section 527.2, and includes a mortgage broker licensed under    chapter 535B, a lender of mortgage loans or consumer loans, and    any other person that engages in the business of lending money    in the state.    

  House File 857, p. 2   c. (1) Mortgage trigger lead means a consumer report    obtained pursuant to the federal Fair Credit Reporting Act,    15 U.S.C. 1681b, where the issuance of the consumer report    is triggered by an inquiry made with a consumer reporting    agency in response to an application for credit secured by real    property.    (2) Mortgage trigger lead does not include a consumer    report on an applicant obtained by a financial institution    with which the applicant has initially applied for credit, or    a financial institution that holds or services an existing    extension of credit of the applicant who is the subject of the    consumer report.    2. A financial institution shall not use an unfair or    deceptive practice when using prescreened mortgage trigger    lead information derived from a consumer report to solicit a    consumer who has applied for a loan with a different financial    institution. A financial institution shall be deemed to have    engaged in an unfair or deceptive practice if the financial    institution does any of the following:    a. In an initial phase of a solicitation from a lender    or loan broker, the financial institution fails to clearly    and conspicuously state that the financial institution is    not affiliated with the financial institution with which the    consumer initially applied.    b. In an initial solicitation, the financial institution    fails to conform to state and federal law relating to    prescreened solicitations using consumer reports, including but    not limited to the requirement to make a firm offer of credit    to the consumer.    c. The financial institution uses information regarding a    consumer who has opted out of prescreened offers of credit or    who has placed the consumers contact information on a federal    do-not-call registry.    d. The financial institution solicits a consumer with an    offer of certain rates, terms, or costs, but subsequently    changes the rates, terms, or costs to the detriment of the    consumer.      3. A violation of this section shall constitute an unlawful      practice under section 714.16.   

  House File 857, p. 3   Sec. 2. Section 714.16, subsection 2, Code 2025, is amended    by adding the following new paragraph:    NEW PARAGRAPH   . r. It shall be an unlawful practice for a    financial institution to violate section 525.1.    ______________________________   PAT GRASSLEY   Speaker of the House   ______________________________   AMY SINCLAIR   President of the Senate   I hereby certify that this bill originated in the House and   is known as House File 857, Ninety-first General Assembly.   ______________________________   MEGHAN NELSON   Chief Clerk of the House   Approved _______________, 2025 ______________________________   KIM REYNOLDS   Governor