Senator Calls On DOJ To Investigate FICO's 'Monopoly Power' – NMP Skip to main content

Senator Calls On DOJ To Investigate FICO's 'Monopoly Power'

Apr 07, 2025
U.S. Sen. Josh Hawley Asks DOJ to Investigate FICO over potentially anticompetitive behavior
U.S. Sen. Josh Hawley (R-Mo.) has asked the Department of Justice to Investigate FICO over "potentially anticompetitive behavior." Shown here is the Russell Senate Office Building, where Sen. Hawley's Washington, D.C., office can be found.
Architect of the Capitol, NMP

FICO is ‘the only real competitor’ in credit scoring, U.S. Sen. Hawley argues, and antitrust scrutiny ‘is warranted’

Mortgage professionals already grappling with margin compression, market volatility, and regulatory uncertainty now have another growing concern: a steep and steady rise in credit report costs.

U.S. Sen. Josh Hawley (R-Mo.)
U.S. Sen. Josh Hawley (R-Mo.)

In a letter dated April 3, 2025, U.S. Sen. Josh Hawley (R-Mo.), a former state attorney general, renewed his call for the Department of Justice’s Antitrust Division to investigate the Fair Isaac Corporation (FICO) for what he calls “apparently anticompetitive practices.”

Hawley cited FICO’s near-total market dominance holding roughly 90% of the B2B credit scoring market, and recent price hikes that directly affect mortgage originators and, ultimately, borrowers.

FICO is “the only real competitor in the credit scoring market” and “has only continued to increase prices to access its credit scores,” Hawley wrote, adding, “Antitrust scrutiny from your office is warranted.” 

Late last year, FICO raised its credit score fee for mortgage originations from $3.50 to $4.95 — a more than 40% increase. Though that may not seem like much, it’ll add up, and for mortgage originators, it means higher per-loan costs at a time when every dollar counts.

“This is not just a pricing issue,” Hawley noted. “It’s a market power issue.” He criticized what he termed FICO’s “sweetheart deal” with the federal government that effectively makes its scores mandatory for loans backed by multiple government entities, accusing the company of abusing that position for profit.

According to Forbes, FICO’s net income nearly tripled from 2019 to 2024, although its CEO, William Lansing, took home some $35 million in compensation last year — down from $66 million in 2023. Meanwhile, FICO’s stock has skyrocketed more than 455% over the past five years, closing at $1,673.98 as of April 4, 2025, after hitting an all-time high of $2,382.40 in November 2024. 

This isn’t the first time the industry has raised the alarm. In late 2022, the National Consumer Reporting Association warned of “massive” credit reporting increases that would range from 10% to 400%, depending on lender size and pull volume. Those warnings have now become financial realities. 

As the markets have begun pricing in additional interest rate cuts from the Federal Reserve Board this year, there could be a corresponding surge in mortgage activity as rates may drop. Additional costs — sometimes borne by mortgage originators and others by consumers — could lead to less access to credit for borrowers.

If the DOJ acts on Hawley’s request, it could spark the first serious scrutiny of FICO’s market position in decades. But for now, originators are left to absorb the cost of credit reporting or pass it on; either way, it’s a hit to affordability and profitability.

About the author
Published
Apr 07, 2025
Congress Weighs New Roadmap To End Fannie, Freddie Conservatorship

Rep. Scott Fitzgerald's three-bill housing package would establish a statutory framework for releasing the GSEs while expanding construction lending and easing some TRID compliance requirements

CHLA Backs Bank Capital Proposal, Questions Impact On Mortgage Lending

Trade group supports lower mortgage risk weights but says broader market forces — not capital rules — drove banks' retreat from the market

Senate Passes 21st Century ROAD To Housing Act In 85-5 Vote

Sweeping housing package heads back to House after Senate clears final version with broad bipartisan support

MISMO Updates Business Glossary To Support AI, eMortgages

New definitions covering eHELOCs, remote online notarization, valuation modernization, and compliance initiatives aim to improve consistency

Underwriters Don’t Slow Down Loans. They Eliminate Uncertainty.

ndustry’s biggest bottleneck is not underwriting itself — it is the uncertainty that reaches underwriting too late in the process. When validation happens upstream, speed follows naturally.

MISMO Launches AI Governance Framework For Mortgage Lenders

New FRAME toolkit gives lenders, servicers, and technology providers a roadmap for managing AI risk while supporting innovation