Even so, Dinham says a ban would be overkill. He'd prefer to see the leads
sold only on consumers who elect to put their names on the trigger lists. As
it stands now, leads about your interest in a mortgage can be sold unless you
bother to opt out from all prescreened credit solicitations. That requires
calling (888) 567-8688 or visiting www.optoutprescreen.com.
The credit agencies defend their sale of trigger leads by arguing that it
promotes competition, which keeps rates down. That stance has support at the
Federal Trade Commission, which says consumers can benefit from the practice.
"It is absolutely false to say the first lender or broker that a
consumer goes to is definitely going to have the best offer," said Stuart
Pratt, director of the Consumer Data Industry Association, the credit
reporting agencies' trade group.
Pratt insists that the credit agencies, led by the three largest - Experian,
TransUnion and Equifax - check their trigger leads against anti-telemarketing
Do Not Call lists.
However, it's unclear how well that step works or is being followed.
Ashley, for example, believes she was already on the Do Not Call list. Same
with Matthew Tuttle, who runs a wealth-management firm in Stamford, Conn.
"I'm getting these calls five months after I refinanced," Tuttle
said. "Refinancing is a pain enough - I'm not doing it again, especially
not for a recording," he said.
The length of Tuttle's onslaught might not be unusual. Pace University
publicist Cara Halstead Cea said she and her husband have averaged at least a
call a day for 14 months now. "We understand you are looking to
refinance," the callers still intone. The frenzy prompted the couple to
get caller ID so they can answer the phone with their own script: "If
this is about refinancing, we're all set. Please take us off your list."
Mortgage triggers have been sold for at least a few years, but they have
become more of an issue recently. Kiley at the Massachusetts Bankers
Association believes this is because the home-buying binge early in the decade
caused an explosive growth of mortgage brokers and mortgage companies that
now, in a cooling market, are redoubling efforts to win business.
Trigger leads also have cascaded because of a vast data-collecting
infrastructure created by the credit bureaus and amplified by innumerable
information brokers who serve as resellers. "Borrowers Trigger'd
Yesterday Delivered via email to you Today," reads an ad on Google for
one broker's site, MortgageTriggers.com.
Such resellers offer to filter trigger alerts for mortgage lenders by
dozens of criteria, including consumers' location, credit scores and home
value. DailyTriggerLeads.com says buyers of its alerts can "eliminate
Hispanics or select them."
The owner of one marketing service - who refused to be identified by name,
fearing negative repercussions for his company - said he has been selling
mortgage triggers for almost two years, accounting for about 20 percent of his
revenue. He said he presumes his product increases the chance a consumer will
get a mortgage offer that keeps the mortgage banker honest and the playing
field fair.
That's how he can sleep at night, he said.