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
consumer’s
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