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H 149

An Act related to cannabis retail licensees

194th Legislature (2025-2026) Introduced by Mark Cusack and 1 co-sponsor

Idaho bans deceptive mortgage trigger-lead solicitations; requires clear disclosures, FCRA prescreening compliance, and opt-out/do-not-call protections, effective July 1, 2025.

Accompanied a new draft, see H4160
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Bill Summary · H 149

Idaho H 149 – Summary

Overview and Purpose

  • Enacted as part of the Residential Mortgage Practices Act, H 149 adds a new section to Idaho Code (26-31-211A) to enhance consumer privacy in mortgage applications.
  • The bill targets the use of “mortgage trigger leads” to solicit consumers for residential mortgage loans, aiming to reduce confusing or deceptive solicitations and align practices with federal credit reporting rules.
  • Fiscal note: The measure imposes no new state or local financial costs or revenue changes.

Key Provisions

1) Definition
- Introduces “mortgage trigger lead”: a consumer report issued under FCRA 604(c)(1)(B) triggered by an inquiry in response to an application for credit.
- Excludes reports to lenders/servicers that already hold or service the applicant’s existing debt.

2) Prohibited Practices (solicitations based on trigger leads)
- (a) Must clearly and conspicuously state in the initial solicitation that the solicitor is not affiliated with the consumer’s initial lender or broker.
- (b) Must clearly and conspicuously state in the initial solicitation that the solicitation is based on personal information purchased from a consumer reporting agency without the knowledge or permission of the initial lender or broker.
- (c) Must comply with FCRA prescreening requirements, including making a firm offer of credit when applicable.
- (d) May not knowingly or negligently use mortgage trigger lead information to:
- (i) solicit consumers who have opted out of prescreened offers under FCRA, or
- (ii) contact consumers who are on federal or state do-not-call lists.

3) Enforcement
- Violations of this section are treated as violations of the Idaho Consumer Protection Act.

4) Effective Date and Emergency
- Effective July 1, 2025.
- An emergency clause is declared, so the act takes full effect on the stated date.

Who Is Affected

  • Mortgage lenders, brokers, and loan servicers.
  • Third-party lead generators that supply trigger-lead-based leads.
  • Consumers applying for residential mortgage loans, particularly those targeted by trigger-lead-based solicitations.
  • Consumers who have opted out of prescreened offers or who are on do-not-call lists are specifically protected.

Procedural and Timeline Information

  • Introduced: February 6, 2025.
  • Passed the House and Senate with various readings and committee referrals.
  • Delivered to the Governor and signed on March 17, 2025.
  • Becomes Chapter 87 of the Session Laws and takes effect July 1, 2025, with an emergency clause enabling immediate effect on that date.

Practical Impact

  • Increases transparency in mortgage solicitations derived from trigger leads.
  • Prohibits misleading disclosures about affiliation and the basis of the lead.
  • Aligns state practice with federal privacy and consumer protection standards regarding prescreened offers and do-not-call restrictions.
  • Provides a clear enforcement path under Idaho’s Consumer Protection Act.

Compiled from official sources — confirm details with the bill’s official record.

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