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Referenced Laws
15 U.S.C. 1681b(c)
12 U.S.C. 1813(c)
12 U.S.C. 5102
12 U.S.C. 2605(i)
Section 1
1. Short title This Act may be cited as the Homebuyers Privacy Protection Act.
Section 2
2. Treatment of prescreening report requests Section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended by adding at the end the following: In this paragraph: The term insured credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C 1752). The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). The term residential mortgage loan has the meaning given the term in section 1503 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5102). The term servicer has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)). If a person requests a consumer report from a consumer reporting agency in connection with a credit transaction involving a residential mortgage loan, that agency may not, solely on the basis of that request, furnish that consumer report to another person unless that other person— has submitted documentation to that agency certifying that such other person has, pursuant to paragraph (1), the authorization of the consumer to whom the consumer report relates; or has originated the current residential mortgage loan of the consumer; is the servicer of the current residential mortgage loan of the consumer; or is an insured depository institution or insured credit union; and holds a current account for the consumer to whom the consumer report relates. (4)Treatment of prescreening report requests(A)DefinitionsIn this paragraph:(i)Insured credit unionThe term insured credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C 1752). (ii)Insured depository institutionThe term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)). (iii)Residential mortgage loanThe term residential mortgage loan has the meaning given the term in section 1503 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5102).(iv)ServicerThe term servicer has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)).(B)LimitationIf a person requests a consumer report from a consumer reporting agency in connection with a credit transaction involving a residential mortgage loan, that agency may not, solely on the basis of that request, furnish that consumer report to another person unless that other person—(i)has submitted documentation to that agency certifying that such other person has, pursuant to paragraph (1), the authorization of the consumer to whom the consumer report relates; or(ii)(I)has originated the current residential mortgage loan of the consumer;(II)is the servicer of the current residential mortgage loan of the consumer; or(III)(aa)is an insured depository institution or insured credit union; and(bb)holds a current account for the consumer to whom the consumer report relates..