---
title: O.C.G.A. § 10-1-393.20. Prohibited acts relating to mortgage loan solicitations; penalty.
collection: code
id: 10-1-393.20
cite_as: O.C.G.A. § 10-1-393.20 (2025)
canonical_url: https://georgiacommons.org/code/10-1-393.20
md_url: https://georgiacommons.org/code/10-1-393.20.md
text_url: https://georgiacommons.org/code/10-1-393.20/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-pdf.pdf?sfvrsn=c78ce5c1_0#page=52
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / DECEPTIVE OR UNFAIR PRACTICES / FAIR BUSINESS PRACTICES ACT
---

# O.C.G.A. § 10-1-393.20. Prohibited acts relating to mortgage loan solicitations; penalty.

(a) As used in this Code section, the term:

(1) “Mortgage broker” shall have the same meaning as set forth in Code Section 7-1-1000.

(2) “Mortgage lender” shall have the same meaning as set forth in Code Section 7-1-1000.

(3) “Mortgage trigger lead” means a consumer report obtained pursuant to Section 604(c)(1)(B) of the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681b, where the issuance of the report is triggered by an inquiry made with a consumer reporting agency in response to an application for credit. Such term shall not include a consumer report on an applicant obtained by a mortgage lender or mortgage broker with which the applicant has initially applied for credit or which holds or services an existing extension of credit of the applicant who is the subject of the report.

(b) When using a mortgage trigger lead to solicit a consumer who has applied for a loan with another mortgage lender or mortgage broker, it shall be an unfair or deceptive act or practice to:

(1) Fail to state in the initial solicitation that the person is not affiliated with the mortgage lender or mortgage broker with which the consumer initially applied;

(2) Fail in the initial solicitation to conform to state and federal law relating to prescreened solicitations using consumer reports, including the requirement to make a firm offer of credit to the consumer;

(3) Use information regarding consumers who have opted out of the prescreened offers of credit or who have placed their contact information on the federal do-not-call registry; or

(4) Solicit a consumer with an offer of certain rates, terms, and costs with the knowledge that the rates, terms, or costs will be subsequently changed to the detriment of the consumer.

(c) Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and shall therefore be punishable by the provisions of this part.

## History

Code 1981, § 10-1-393.20, enacted by Ga. L. 2025, p. 777, § 1/HB 240, effective May 13, 2025.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2025, Code Section 10-1-393.20, as enacted by Ga. L. 2025, p. 777, § 2/SB 213, was redesignated as Code Section 10-1-393.21.

## Effective Date

This Code section became effective May 13, 2025.