Loan application makes you a 'trigger lead' |
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But Pratt argues that the leads are helpful for lenders,
brokers and consumers, though consumer, credit and home lending
groups debate who benefits the most from this type of contact: the
competitor or the consumer?
"The competition benefits the consumer,"
Pratt says. "I could be doing business with a subprime mortgage lender and
discover that I could be with a prime lender. As a consumer, that's hundreds of
dollars in your pocket."
The Federal Trade Commission, or FTC, also says consumers
can benefit from these calls. According to the agency's consumer
alert, the offers present other products that make it easier to
comparison shop.
Pratt adds the trigger lead products allow
local brokers to compete with national brokers, which means more offers for consumers.
However, some of those local lenders and brokers aren't too
happy having their competitors soliciting their customers. "It's
very unfair to people like me, people that are in the industry that are trying
to broker loans, and then you got some back stabber who has the ability to steal
our leads," says Gene Peplinski, a former loan officer in Flint, Mich. Peplinski
says in the fall of 2005 one of his borrowers had just applied for a loan when
the borrower received an unsolicited phone call from a mortgage lender. "He
asked if I had given his name and number to this new company. I said, 'No I don't
know anything about it,'" says Peplinski. He argues that the mortgage company
he worked for paid the expenses of generating a lead of a potential home buyer.
Pratt says the negative reaction is enhanced by the
slow real estate market.
"Some brokers are more sensitive
to another competitor taking a person away," says Pratt.
Some consumers and regulators complain that the trigger
leads inspire deception from lenders anxious to make a deal. Complaints
include consumers upset that they were led to believe the caller
was associated with the company they had just applied with or they
were unhappy that information provided to the original company was
given to another source.
William Lund, director of the Maine Office of Consumer
Credit Regulation, says he believes the Fair Credit Reporting Act
is being violated because excessive information is being provided
on trigger leads and the credit offers are not firm. Instead, he
says, they are "fishing expeditions" providing no benefit
to the consumer.
Lund also says the National Do Not Call Registry and
the pre-screening opt-out list are being ignored.
Monique
Wormwood of Monterville, W.Va., applied for a mortgage refinance in 2005 with
the mortgage company where she was employed when she lived in Naples, Maine. She
quickly received an unexpected phone call. "I answered
the phone and the gentleman said, 'Hi, Mrs. Wormwood, I am following up on your
loan application.' He had the attitude that he spoke to me before. I told him
his conversation was a lie because I worked for their competitor," says Wormwood. |