Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H2/4/25 H2/11/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1184
4
5 By: Representative L. Johnson
6 By: Senator Hill
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE FAIR MORTGAGE LENDING ACT; TO
10 PROTECT A CONSUMER'S PRIVACY IN CERTAIN MORTGAGE
11 APPLICATIONS; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE FAIR MORTGAGE LENDING ACT;
16 AND TO PROTECT A CONSUMER'S PRIVACY IN
17 CERTAIN MORTGAGE APPLICATIONS.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code � 23-39-502, concerning the definitions used
22 under the Fair Mortgage Lending Act, is amended to add additional
23 subdivisions to read as follows:
24 (26) "Consumer report" means the same as defined in the Fair
25 Mortgage Lending Act, 15 U.S.C. � 1681 et seq., as it existed on January 1,
26 2025; and
27 (27)(A) "Mortgage trigger lead" means a lead resulting from a
28 consumer report obtained under 15 U.S.C. � 1681b, as it existed on January 1,
29 2025, if the issuance of the consumer report is triggered by an inquiry made
30 with a consumer reporting agency in response to an application for credit.
31 (B) "Mortgage trigger lead" does not include a consumer
32 report obtained by a lender that holds or services existing indebtedness of
33 the applicant who is the subject of the consumer report.
34
35 SECTION 2. Arkansas Code � 23-39-513, concerning prohibited practices
36 under the Fair Mortgage Lending Act, is amended to add an additional
*ANS070* 02-11-2025 09:34:02 ANS070
As Engrossed: H2/4/25 H2/11/25 HB1184
1 subdivision to read as follows:
2 (18) To use a mortgage trigger lead in a misleading or deceptive
3 manner by, including without limitation:
4 (A) Failing to state in the initial communication with a
5 consumer:
6 (i) The loan officer's name and the mortgage broker
7 or mortgage banker on behalf of whom the loan officer is acting;
8 (ii) A brief explanation of how the loan officer or
9 his or her sponsor obtained the consumer's contact information to make the
10 communication, or an explanation of a mortgage trigger lead;
11 (iii) That the solicitation is based on personal
12 information about the consumer that was purchased, directly or indirectly,
13 from a consumer reporting agency without the knowledge or permission of the
14 lender, mortgage broker, or mortgage banker with whom the consumer initially
15 applied;
16 (iv) That the loan officer and his or her sponsor is
17 not affiliated with the creditor to which the consumer made the credit
18 application that resulted in the mortgage trigger lead;
19 (v) That the purpose of the communication is to
20 solicit new business for the sponsor; and
21 (vi) To make a firm offer of credit as provided by
22 the Fair Credit Reporting Act, 15 U.S.C. � 1681b(e), as it existed on January
23 1, 2025;
24 (B) Soliciting or contacting a consumer who has opted out
25 of prescreened offers of credit under the Fair Credit Reporting Act, 15
26 U.S.C. � 1681 et seq., as it existed on January 1, 2025;
27 (C) Placing a telephone call to a consumer who has placed
28 his or her contact information on a national "Do-Not-Call" registry
29 established and maintained by the Federal Trade Commission under 16 C.F.R. �
30 310.4, as it existed on January 1, 2025; or
31 (D) Knowingly using information from a mortgage trigger
32 lead in violation of this subdivision (18) or the Fair Credit Reporting Act,
33 15 U.S.C. � 1681 et seq., as it existed on January 1, 2025.
34 /s/L. Johnson
35
36
2 02-11-2025 09:34:02 ANS070Every fact on this page links to its source, starting with the official bill record.