BAC's McKay urges brokers to reach out to representatives in most critical time for the bill
The Homebuyers Privacy Protection Act, better known as the trigger lead ban bill, reached another milestone on Thursday. According to one industry advocate, the House Financial Services Committee set Tuesday, June 10, as the mark-up date for House Resolution (H.R.) 2808.
Brendan McKay, chief advocacy officer and co-founder of the Broker Action Coalition (BAC), made the announcement Thursday during a panel at Equity Prime Mortgage’s (EPM) The American Gift (TAG) event at the Mercedes-Benz Stadium in Atlanta, Georgia.
Afterwards, he spoke with Mortgage Professional America to explain how the bill got to this stage in the House committee.
“There's a process of getting bills through the House,” McKay said. “They're introduced, they get co-sponsors, and they're assigned to a certain committee. The trigger lead legislation is assigned to the House Financial Services Committee. Most bills that are going to move forward, before they do, they come up in a committee meeting in something called mark-up.”
The mark-up process is the time when committee members can discuss the bill and recommend any changes.
“This is one of the bills on the agenda,” he said. “When it comes up, it's an opportunity for people to voice support or dissent or make proposed amendment changes. Then it will come out of committee with votes, hopefully with a lot of yes votes, and then it goes to the floor.
“It could get rolled up into a package, but right now that doesn't seem to be the current plan, but that can always change quickly.”
Getting on the docket
Waiting on a bill to reach the mark-up stage can be the hardest part, as supporters weren’t sure when that would happen. McKay found out minutes before a panel at TAG on Thursday.
“For non-controversial bills, getting a positive review from the committee is a massive deal, and for that to happen, you’ve got to be on the docket in the first place,” McKay said. “We heard that this was probably happening, but we don’t talk about ‘probably.’ As I’m getting miked up backstage, I got the text that it was official. I was like, ‘Oh yeah, I can talk about this now.’ So, we are unbelievably excited.”
While moving to the mark-up stage is another key milestone, McKay said the process is far from over.
“We are super optimistic, but we were optimistic last year too, and we’re not taking our foot off the gas,” he said. “There could be new problems.”
McKay is frequently asked about the overwhelming size of Congress when it comes to advocating and lobbying for legislation. He notes that most people have only heard of a dozen or so Congress members who regularly appear on network news. While committee members might have different politics, he believes most want to do what’s best for constituents.
“The people we’re interacting with are imperfect, but they are serious people who care,” McKay said. “They’re intelligent. They want to help. By and large, they are good. And partisanship really doesn't come up in a lot of our conversations. But as you get closer to the finish line, it does. It can, and there's been a little bit of that, but some of it is honestly just the way the system is supposed to work. There’s supposed to be compromise.
“So, we're optimistic. We're not home free yet.”
Most critical time for broker action
Across the industry, there has been optimism about the trigger lead ban legislation. Jim Nabors, president of the National Association of Mortgage Brokers (NAMB), told Mortgage Professional America that he was optimistic it would pass later this year.
“It’s the number one issue for those of us in the industry,” Nabors said. “It’s time for this unethical practice to be put to an end. We were hoping that it would get done by the end of Congress the last two years. This year, I feel that it could be done. I’m hoping it’s done by the end of summer, by the end of September.
“I’m always an optimist, but the big difference this year compared to previously, is all of the (mortgage) industry is on the same page. We are all together and united on this, and I’m hoping that will be the biggest advantage. Anytime you can unite the industry on issues, it’s always going to be an advantage.”
The Homebuyers Privacy Protection Act has been reintroduced to Congress, targeting the practice of mortgage trigger leads. BAC’s Brendan McKay and MBA’s Bob Broeksmit had advocated for the bill, stressing the importance of consumer privacy protection.https://t.co/0FaAEUTwyn
— Mortgage Professional America Magazine (@MPAMagazineUS) April 11, 2025
The BAC and several other organizations have links on its websites that allow brokers and consumers to contact Congress members to voice their support for the trigger lead ban bill.
McKay said this may be the most critical time for that to happen, and with mark-up set for June 10, there isn’t much time.
“Whether you go to Broker Action Coalition or NAMB or MBA (Mortgage Bankers Association), they all have call-to-action software,” McKay said. “Let your legislators know that you want them to support this legislation. It is so much more important than people realize, and right now is the most critical time between now and mark-up.
“We want as many of Congress, as many of the House Financial Services, to hear about this bill in a positive light from their constituents. So, it’s important always, but especially right now.”
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