Congress passed the Homebuyers Privacy Protection Act in September 2025, which went into full effect March 4, 2026. The law targets mortgage data and limits how banks and credit unions can access certain information from the three major credit bureaus. As a result, mortgage data inquiries are now more restricted and often take more time to get.
Under the new law, Equifax, TransUnion and Experian can no longer give financial institutions mortgage inquiry data such as:
- How many times a consumer has requested mortgage information within the last 6 or 24 months
- The total count of their mortgage-related inquiries (excluding auto loans or insurance)
- How long it’s been since their most recent mortgage inquiry
The law also restricts access to prospecting mortgage triggers through In-The-Market-Alerts (ITMAs). (image.works’ version of this technology is called SmartTrack.) These tools have traditionally helped lenders identify consumers actively shopping for loans at other institutions.
There are still some exceptions. A bank or credit union may access certain mortgage data if it makes a firm offer of credit or insurance (including specific rates), AND meets one of the following criteria:
- It is currently originating a residential mortgage for the consumer
- It services the consumer’s existing mortgage
- It has documented permission from the consumer to be contacted
What does this mean for financial marketers?
For banks, credit unions and their marketing teams, this law adds a new documentation step to mortgage campaigns. Gathering the required permissions and qualifications can take two to four weeks. That added time is unavoidable and must be built into campaign planning, which is especially important for time-sensitive launches.
With trigger leads limited, marketers should rethink how they connect with potential borrowers. Consider these approaches:
- Stronger first-party data strategies. With fewer third-party triggers available, there’s more value in building and using your own customer data. Email lists, website engagement and CRM insights become even more powerful.
- More trust-driven marketing. Consumers are becoming more privacy conscious. Marketing that is transparent and relationship-focused can help build long-term trust. (That’s the sweet spot for small banks and credit unions!)
- Increased focus on community outreach. Lean into local marketing – events, partnerships and educational content – to find customers earlier in their homebuying journey.
- Better-qualified leads. While volume may decrease, the leads you do reach may be more engaged and likely to convert, since they’ve opted in or already have a relationship with your institution.
- Diversified campaign strategies. This is a good time to expand beyond trigger-based marketing. Consider promoting home equity products, financial education or first-time homebuyer programs through organic and inbound marketing.
Just like the broader digital marketing landscape, tools like ITMAs and the regulations surrounding them continue to evolve. At image.works, we stay on top of these developments. We’ll continue to monitor updates and keep you informed as rules progress and change.