(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.