Here is what FCRA states regarding mortgage lenders providing credit scores:
g) Disclosure of Credit Scores by Certain Mortgage Lenders
(1) In general. Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection (f), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property (hereafter in this subsection referred to as the "lender") shall provide the following to the consumer as soon as reasonably practicable:
You could argue that a pre-qualification is not secured by anything, so you wouldn't need to provide the disclosure until the customer identifies a property and moves forward with an application for a loan to be secured by that property.
Regulations are a poor substitute for ethics.