r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“security interest” applies throughout its part
The terms “security” and “security interest” mean any interest in property which secures payment or performance of an obligation.
“disposable earnings” applies throughout its subchapter
The term “disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.;
“earnings” applies throughout its subchapter
The term “earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.;
“garnishment” applies throughout its subchapter
The term “garnishment” means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.
“consumer” applies throughout its subchapter
The term “consumer” means an individual. (2) Consumer credit transaction
“consumer credit transaction” applies throughout its subchapter
The term “consumer credit transaction” means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. (3) Credit repair organization
“credit” applies throughout its subchapter
The term “credit” has the meaning given to such term in section 1602(e) 1 of this title.
“credit repair organization” applies throughout its subchapter
The term “credit repair organization”— (A) means any person who uses any instrumentality of interstate commerce or the mails to sell, provide, or perform (or represent that such person can or will sell, provide, or perform) any service, in return for the payment of money or other valuable consideration, for the express or implied purpose of— (i) improving any consumer’s credit record, credit history, or credit rating; or (ii) providing advice or assistance to any consumer with regard to any activity or service described in clause (i); and (B) does not include— (i) any nonprofit organization which is exempt from taxation under section 501(c)(3) of title 26 ; (ii) any creditor (as defined in …
“account” applies in that section
The terms “account” and “electronic fund transfer” have the same meanings as in section 1693a of this title . (5) Credit and creditor .—
“active duty alert” applies in that section
The terms “fraud alert” and “active duty alert” mean a statement in the file of a consumer that— (A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable; and (B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. (3) Identity theft .—
“active duty military consumer” applies in that section
The term “active duty military consumer” means a consumer in military service who— (A) is on active duty (as defined in section 101(d)(1) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 ; and (B) is assigned to service away from the usual duty station of the consumer. (2) Fraud alert; active duty alert .—
“adverse action” applies throughout its subchapter
The term “adverse action”— (A) has the same meaning as in section 1691(d)(6) of this title ; and (B) means— (i) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance; (ii) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee; (iii) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b(a)(3)(D) of this title ; and (iv) …
“Bureau” applies in that section
The term “Bureau” means the Bureau of Consumer Financial Protection. (x) Nationwide Specialty Consumer Reporting Agency .—
“card issuer” applies in that section
The term “card issuer” means— (A) a credit card issuer, in the case of a credit card; and (B) a debit card issuer, in the case of a debit card. (2) Credit card .—
“Commission” applies in that section
The term “Commission” means the Bureau. 3;
“consumer” applies throughout its subchapter
The term “consumer” means an individual. (d) Consumer Report.— (1) In general .—
“consumer report” applies throughout its subchapter
The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for— (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under section 1681b of this title .
“consumer reporting agency” applies throughout its subchapter
The term “consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. (g) The term “file”, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
“credit” applies in that section
The terms “credit” and “creditor” have the same meanings as in section 1691a of this title . (s) Federal Banking Agency .—
“credit card” applies in that section
The term “credit card” has the same meaning as in section 1602 of this title . (3) Debit card .—
“creditor” applies in that section
The terms “credit” and “creditor” have the same meanings as in section 1691a of this title . (s) Federal Banking Agency .—
“debit card” applies in that section
The term “debit card” means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. (4) Account and electronic fund transfer .—
“electronic fund transfer” applies in that section
The terms “account” and “electronic fund transfer” have the same meanings as in section 1693a of this title . (5) Credit and creditor .—
“Federal banking agency” applies in that section
The term “Federal banking agency” has the same meaning as in section 1813 of title 12 . (t) Financial Institution .—
“financial institution” applies in that section
The term “financial institution” means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account (as defined in section 461(b) of title 12 ) belonging to a consumer. (u) Reseller .—
“firm offer of credit or insurance” applies throughout its subchapter
The term “firm offer of credit or insurance” means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following: (1) The consumer being determined, based on information in the consumer’s application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established— (A) before selection of the consumer for the offer; and (B) for the purpose of determining whether to extend …
“fraud alert” applies in that section
The terms “fraud alert” and “active duty alert” mean a statement in the file of a consumer that— (A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable; and (B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. (3) Identity theft .—
“identity theft” applies in that section
The term “identity theft” means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. (4) Identity theft report .—
“identity theft report” applies in that section
The term “identity theft report” has the meaning given that term by rule of the Bureau, and means, at a minimum, a report— (A) that alleges an identity theft; (B) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau; and (C) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. (5) New credit plan .—
“investigative consumer report” applies throughout its subchapter
The term “investigative consumer report” means a consumer report or portion thereof in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
“medical information” applies throughout its subchapter
The term “medical information”— (1) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to— (A) the past, present, or future physical, mental, or behavioral health or condition of an individual; (B) the provision of health care to an individual; or (C) the payment for the provision of health care to an individual.
“nationwide specialty consumer reporting agency” applies in that section
The term “nationwide specialty consumer reporting agency” means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to— (1) medical records or payments; (2) residential or tenant history; (3) check writing history; (4) employment history; or (5) insurance claims.
“new credit plan” applies in that section
The term “new credit plan” means a new account under an open end credit plan (as defined in section 1602(i) 1 of this title) or a new credit transaction not under an open end credit plan. (r) Credit and Debit Related Terms— (1) Card issuer .—
“overdue support” applies throughout its subchapter
The term “overdue support” has the meaning given to such term in section 666(e) of title 42 . (2) State or local child support enforcement agency .—
“person” applies throughout its subchapter
The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.;
“reseller” applies in that section
The term “reseller” means a consumer reporting agency that— (1) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities; and (2) does not maintain a database of the assembled or merged information from which new consumer reports are produced. (v) Commission .—
“self-regulatory organization” applies in that section
the term “self-regulatory organization” includes any self-regulatory organization (as defined in section 78c(a)(26) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq.], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. (z) Veteran .—
“State” applies throughout its subchapter
The term “State” means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. (o) Excluded Communications .— A communication is described in this subsection if it is a communication— (1) that, but for subsection (d)(2)(D), would be an investigative consumer report; (2) that is made to a prospective employer for the purpose of— (A) procuring an employee for the employer; or (B) procuring an opportunity for a natural person to work for the employer; (3) that is made by a person who regularly performs such procurement; (4) that is not used by any person for any purpose other than a purpose described in subparagraph (A) or (B) …
“State or local child support enforcement agency” applies throughout its subchapter
The term “State or local child support enforcement agency” means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. (k) Adverse Action.— (1) Actions included .—
“veteran” applies in that section
The term “veteran” has the meaning given the term in section 101 of title 38 . (aa) Veteran’s Medical Debt .—
“veteran’s medical debt” applies in that section
The term “veteran’s medical debt”— (1) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs; and (2) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.
“classified information” applies in that section
The term “classified information” means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders. (ii) National security investigation
“national security investigation” applies in that section
The term “national security investigation” means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
“active duty military consumer” applies in that section
The term “active duty military consumer” includes a member of the National Guard.;
“consumer reporting agency” applies in that section
The term “consumer reporting agency” means a consumer reporting agency described in section 1681a(p) of this title .;
“National Guard” applies in that section
The term “National Guard” has the meaning given the term in section 101(c) of title 10 . (2) Credit monitoring A consumer reporting agency described in section 1681a(p) of this title shall provide a free electronic credit monitoring service that, at a minimum, notifies a consumer of material additions or modifications to the file of the consumer at the consumer reporting agency to any consumer who provides to the consumer reporting agency— (A) appropriate proof that the consumer is an active duty military consumer; and (B) contact information of the consumer.
“proper identification” applies in that section
The term “proper identification” has the meaning of such term as used under section 1681h of this title .;
“protected consumer” applies in that section
The term “protected consumer” means an individual who is— (i) under the age of 16 years at the time a request for the placement of a security freeze is made; or (ii) an incapacitated person or a protected person for whom a guardian or conservator has been appointed.;
“protected consumer’s representative” applies in that section
The term “protected consumer’s representative” means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.;
“record” applies in that section
The term “record” means a compilation of information that— (i) identifies a protected consumer; (ii) is created by a consumer reporting agency solely for the purpose of complying with this subsection; and (iii) may not be created or used to consider the protected consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.;
“security freeze” applies in that section
The term “security freeze” means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is subject to such security freeze to any person requesting the consumer report.
“sufficient proof of authority” applies in that section
The term “sufficient proof of authority” means documentation that shows a protected consumer’s representative has authority to act on behalf of a protected consumer and includes— (i) an order issued by a court of law; (ii) a lawfully executed and valid power of attorney; (iii) a document issued by a Federal, State, or local government agency in the United States showing proof of parentage, including a birth certificate; or (iv) with respect to a protected consumer who has been placed in a foster care setting, a written communication from a county welfare department or its agent or designee, or a county probation department or its agent or designee, certifying that the protected consumer is …
“sufficient proof of identification” applies in that section
The term “sufficient proof of identification” means information or documentation that identifies a protected consumer and a protected consumer’s representative and includes— (i) a social security number or a copy of a social security card issued by the Social Security Administration; (ii) a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate; or (iii) a copy of a driver’s license, an identification card issued by the motor vehicle administration, or any other government issued identification.
“severe forms of trafficking in persons” applies in that section
The terms “severe forms of trafficking in persons” and “sex trafficking” have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking
“sex trafficking” applies in that section
The terms “severe forms of trafficking in persons” and “sex trafficking” have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Victim of trafficking
“trafficking documentation” applies in that section
The term “trafficking documentation” means— (A) documentation of— (i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or (ii) by a court of competent jurisdiction; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (2) Trafficking Victims Protection Act of 2000 definitions
“victim of trafficking” applies in that section
The term “victim of trafficking” means a person who is a victim of a severe form of trafficking in persons or sex trafficking. (b) Adverse information A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (c) Rulemaking (1) In general Not later than 180 days after December 27, 2021 , the Director shall issue rules to implement subsection (a).
“credit score” applies in that section
The term “credit score”— (i) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default (and the numerical value or the categorization derived from such analysis may also be referred to as a “risk predictor” or “risk score”); and (ii) does not include— (I) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer; or (II) any other elements of the underwriting …
“enterprise” applies in that section
the term “enterprise” has the same meaning as in paragraph (6) of section 4502 of title 12 . (C) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.
“key factors” applies in that section
The term “key factors” means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score. (3) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection (a).
“victim” applies in that section
the term “victim” means a consumer whose means of identification or financial information has been used or transferred (or has been alleged to have been used or transferred) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime. (12) Effective date This subsection shall become effective 180 days after December 4, 2003 . (13) Effectiveness study Not later than 18 months after December 4, 2003 , the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.
“creditor” applies in that section
the term “creditor”— (A) means a creditor, as defined in section 1691a of this title , that regularly and in the ordinary course of business— (i) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction; (ii) furnishes information to consumer reporting agencies, as described in section 1681s–2 of this title , in connection with a credit transaction; or (iii) advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person; (B) does not include a creditor described in subparagraph (A)(iii) that advances funds on behalf of a person for expenses …
“accommodation” applies in that section
The term “accommodation” includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 (COVID–19) pandemic during the covered period. (II) Covered period
“appropriate Federal banking agency” applies in that section
the term “appropriate Federal banking agency” has the meaning given the term in section 1813 of title 12 ; and;
“covered period” applies in that section
The term “covered period” means the period beginning on January 31, 2020 and ending on the later of— (aa) 120 days after March 27, 2020 ; or (bb) 120 days after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) terminates.
“customer” applies in that section
The terms “customer” and “financial institution” have the same meanings as in section 6809 of this title . (8) Ability of consumer to dispute information directly with furnisher (A) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.
“financial institution” applies in that section
The terms “customer” and “financial institution” have the same meanings as in section 6809 of this title . (8) Ability of consumer to dispute information directly with furnisher (A) In general The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration, shall prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.
“negative information” applies in that section
The term “negative information” means information concerning a customer’s delinquencies, late payments, insolvency, or any form of default. (ii) Customer; financial institution
“private education loan” applies in that section
the term “private education loan” has the meaning given the term in section 1650(a) of this title . (F) Reporting information during COVID–19 pandemic (i) Definitions In this subsection: (I) Accommodation
“reasonable cause to believe that the information is inaccurate” applies in that section
the term “reasonable cause to believe that the information is inaccurate” means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.
“pre-existing business relationship” applies in that section
The term “pre-existing business relationship” means a relationship between a person, or a person’s licensed agent, and a consumer, based on— (A) a financial contract between a person and a consumer which is in force; (B) the purchase, rental, or lease by the consumer of that person’s goods or services, or a financial transaction (including holding an active account or a policy in force or having another continuing relationship) between the consumer and that person during the 18-month period immediately preceding the date on which the consumer is sent a solicitation covered by this section; (C) an inquiry or application by the consumer regarding a product or service offered by that person, …
“solicitation” applies in that section
The term “solicitation” means the marketing of a product or service initiated by a person to a particular consumer that is based on an exchange of information described in subsection (a), and is intended to encourage the consumer to purchase such product or service, but does not include communications that are directed at the general public or determined not to be a solicitation by the regulations prescribed under this section.
“adverse action” applies in that section
the term “adverse action” means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.
“valuation” applies in that section
the term “valuation” shall include any estimate of the value of a dwelling developed in connection with a creditor’s decision to provide credit, including those values developed pursuant to a policy of a government sponsored enterprise or by an automated valuation model, a broker price opinion, or other methodology or mechanism.
“applicant” applies throughout its subchapter
The term “applicant” means any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.;
“Bureau” applies throughout its subchapter
The term “Bureau” means the Bureau of Consumer Financial Protection.;
“credit” applies throughout its subchapter
The term “credit” means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor.;
“creditor” applies throughout its subchapter
The term “creditor” means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.;
“person” applies throughout its subchapter
The term “person” means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. (g) Any reference to any requirement imposed under this subchapter or any provision thereof includes reference to the regulations of the Bureau under this subchapter or the provision thereof in question.
“financial institution” applies in that section
The term “financial institution” means any partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity that engages in any financial activity. (2) Small business
“minority” applies in that section
The term “minority” has the same meaning as in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (5) Minority-owned business
“minority-owned business” applies in that section
The term “minority-owned business” means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more minority individuals; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more minority individuals. (6) Women-owned business
“small business” applies in that section
The term “small business” has the same meaning as the term “small business concern” in section 632 of this title . (3) Small business loan
“small business loan” applies in that section
The term “small business loan” means a loan made to a small business. (4) Minority
“women-owned business” applies in that section
The term “women-owned business” means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more women; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more women.
“Bureau” applies throughout its subchapter
The term “Bureau” means the Bureau of Consumer Financial Protection.;
“communication” applies throughout its subchapter
The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.;
“consumer” applies throughout its subchapter
The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.;
“creditor” applies throughout its subchapter
The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.;
“debt” applies throughout its subchapter
The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.;
“debt collector” applies throughout its subchapter
The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
“location information” applies throughout its subchapter
The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.;
“State” applies throughout its subchapter
The term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
“consumer” applies in that section
the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
“bad check violation” applies in that section
The term “bad check violation” means a violation of the applicable State criminal law relating to the writing of dishonored checks.
“check” applies in that section
The term “check” has the same meaning as in section 5002(6) of title 12 . (3) Bad check violation
“State or district attorney” applies in that section
The term “State or district attorney” means the chief elected or appointed prosecuting attorney in a district, county (as defined in section 2 of title 1 ), municipality, or comparable jurisdiction, including State attorneys general who act as chief elected or appointed prosecuting attorneys in a district, county (as so defined), municipality or comparable jurisdiction, who may be referred to by a variety of titles such as district attorneys, prosecuting attorneys, commonwealth’s attorneys, solicitors, county attorneys, and state’s attorneys, and who are responsible for the prosecution of State crimes and violations of jurisdiction-specific local ordinances. (2) Check
“accepted card or other means of access” applies throughout its subchapter
the term “accepted card or other means of access” means a card, code, or other means of access to a consumer’s account for the purpose of initiating electronic fund transfers when the person to whom such card or other means of access was issued has requested and received or has signed or has used, or authorized another to use, such card or other means of access for the purpose of transferring money between accounts or obtaining money, property, labor, or services;
“account” applies throughout its subchapter
the term “account” means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 1602(i) 1 of this title), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, but such term does not include an account held by a financial institution pursuant to a bona fide trust agreement; (4) 2
“Board” applies throughout its subchapter
the term “Board” means the Board of Governors of the Federal Reserve System; (4) 2
“Bureau” applies throughout its subchapter
the term “Bureau” means the Bureau of Consumer Financial Protection;
“business day” applies throughout its subchapter
the term “business day” means any day on which the offices of the consumer’s financial institution involved in an electronic fund transfer are open to the public for carrying on substantially all of its business functions;
“consumer” applies throughout its subchapter
the term “consumer” means a natural person;
“electronic fund transfer” applies throughout its subchapter
the term “electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, and transfers initiated by telephone.
“electronic terminal” applies throughout its subchapter
the term “electronic terminal” means an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer. Such term includes, but is not limited to, point-of-sale terminals, automated teller machines, and cash dispensing machines;
“financial institution” applies throughout its subchapter
the term “financial institution” means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person who, directly or indirectly, holds an account belonging to a consumer;
“preauthorized electronic fund transfer” applies throughout its subchapter
the term “preauthorized electronic fund transfer” means an electronic fund transfer authorized in advance to recur at substantially regular intervals;
“State” applies throughout its subchapter
the term “State” means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing; and;
“unauthorized electronic fund transfer” applies throughout its subchapter
the term “unauthorized electronic fund transfer” means an electronic fund transfer from a consumer’s account initiated by a person other than the consumer without actual authority to initiate such transfer and from which the consumer receives no benefit, but the term does not include any electronic fund transfer (A) initiated by a person other than the consumer who was furnished with the card, code, or other means of access to such consumer’s account by such consumer, unless the consumer has notified the financial institution involved that transfers by such other person are no longer authorized, (B) initiated with fraudulent intent by the consumer or any person acting in concert with the …
“automated teller machine operator” applies in that section
The term “automated teller machine operator” means any person who— (I) operates an automated teller machine at which consumers initiate electronic fund transfers; and (II) is not the financial institution that holds the account of such consumer from which the transfer is made. (ii) Electronic fund transfer
“electronic benefit transfer system” applies in that section
the term “electronic benefit transfer system”— (i) means a system under which a government agency distributes needs-tested benefits by establishing accounts that may be accessed by recipients electronically, such as through automated teller machines or point-of-sale terminals; and (ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by a Federal, State, or local government agency.
“electronic fund transfer” applies in that section
The term “electronic fund transfer” includes a transaction that involves a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer, whether or not the consumer initiates a transfer of funds in the course of the transaction. (iii) Host transfer services
“host transfer services” applies in that section
The term “host transfer services” means any electronic fund transfer made by an automated teller machine operator in connection with a transaction initiated by a consumer at an automated teller machine operated by such operator. (e) Deference No provision of this subchapter may be construed as altering, limiting, or otherwise affecting the deference that a court affords to— (1) the Bureau in making determinations regarding the meaning or interpretation of any provision of this subchapter for which the Bureau has authority to prescribe regulations; or (2) the Board in making determinations regarding the meaning or interpretation of section 1693 o –2 of this title.
“dormancy fee” applies in that section
The terms “dormancy fee” and “inactivity charge or fee” mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (2) General use 1 prepaid card, gift certificate, and store gift card (A) General-use prepaid card
“general-use prepaid card” applies in that section
The term “general-use prepaid card” means a card or other payment code or device issued by any person that is— (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (B) Gift certificate
“gift certificate” applies in that section
The term “gift certificate” means an electronic promise that is— (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount that may not be increased or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) Store gift card
“inactivity charge or fee” applies in that section
The terms “dormancy fee” and “inactivity charge or fee” mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (2) General use 1 prepaid card, gift certificate, and store gift card (A) General-use prepaid card
“service fee” applies in that section
The term “service fee” means a periodic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. (B) Exclusion With respect to a general-use prepaid card, the term “service fee” does not include a one-time initial issuance fee. (b) Prohibition on imposition of fees or charges (1) In general Except as provided under paragraphs (2) through (4), it shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card.
“store gift card” applies in that section
The term “store gift card” means an electronic promise, plastic card, or other payment code or device that is— (i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount, whether or not that amount may be increased in value or reloaded at the request of the holder; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services.
“debit instrument” applies in that section
the term “debit instrument” means a card, code, or other device, other than a check, draft, or similar paper instrument, by the use of which a person may initiate an electronic fund transfer.
“designated recipient” applies in that section
the term “designated recipient” means any person located in a foreign country and identified by the sender as the authorized recipient of a remittance transfer to be made by a remittance transfer provider, except that a designated recipient shall not be deemed to be a consumer for purposes of this chapter;
“remittance transfer” applies throughout its chapter
the term “remittance transfer”— (A) means the electronic (as defined in section 106(2) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7006(2) )) transfer of funds requested by a sender located in any State to a designated recipient that is initiated by a remittance transfer provider, whether or not the sender holds an account with the remittance transfer provider or whether or not the remittance transfer is also an electronic fund transfer, as defined in section 1693a of this title ; and (B) does not include a transfer described in subparagraph (A) in an amount that is equal to or lesser than the amount of a small-value transaction determined, by rule, to be …
“remittance transfer provider” applies throughout its chapter
the term “remittance transfer provider” means any person or financial institution that provides remittance transfers for a consumer in the normal course of its business, whether or not the consumer holds an account with such person or financial institution; and;
“sender” applies throughout its chapter
the term “sender” means a consumer who requests a remittance provider to send a remittance transfer for the consumer to a designated recipient.
“affiliate” applies in that section
The term “affiliate” means any company that controls, is controlled by, or is under common control with another company. (2) Debit card
“credit card” applies in that section
The term “credit card” has the same meaning as in section 1602 of this title . (4) Discount
“debit card” applies in that section
The term “debit card”— (A) means any card, or other payment code or device, issued or approved for use through a payment card network to debit an asset account (regardless of the purpose for which the account is established), whether authorization is based on signature, PIN, or other means; (B) includes a general-use prepaid card, as that term is defined in section 1693 l –1(a)(2)(A) of this title; and (C) does not include paper checks. (3) Credit card
“designated automated teller machine network” applies in that section
the term “designated automated teller machine network” means either— (i) all automated teller machines identified in the name of the issuer; or (ii) any network of automated teller machines identified by the issuer that provides reasonable and convenient access to the issuer’s customers. (D) Reporting Beginning 12 months after July 21, 2010 , the Board shall annually provide a report to the Congress regarding — (i) the prevalence of the use of general-use prepaid cards in Federal, State or local government-administered payment programs; and (ii) the interchange transaction fees and cardholder fees charged with respect to the use of such general-use prepaid cards.
“discount” applies in that section
The term “discount”— (A) means a reduction made from the price that customers are informed is the regular price; and (B) does not include any means of increasing the price that customers are informed is the regular price. (5) Electronic debit transaction
“electronic debit transaction” applies in that section
The term “electronic debit transaction” means a transaction in which a person uses a debit card. (6) Federal agency
“Federal agency” applies in that section
The term “Federal agency” means— (A) an agency (as defined in section 101 of title 31 ); and (B) a Government corporation (as defined in section 103 of title 5 ). (7) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the same meaning as in 1001 1 and 1002 of title 20. (8) Interchange transaction fee
“interchange transaction fee” applies in that section
The term “interchange transaction fee” means any fee established, charged or received by a payment card network for the purpose of compensating an issuer for its involvement in an electronic debit transaction. (9) Issuer
“issuer” applies in that section
The term “issuer” means any person who issues a debit card, or credit card, or the agent of such person with respect to such card. (10) Network fee
“network fee” applies in that section
The term “network fee” means any fee charged and received by a payment card network with respect to an electronic debit transaction, other than an interchange transaction fee. (11) Payment card network
“payment card network” applies in that section
The term “payment card network” means an entity that directly, or through licensed members, processors, or agents, provides the proprietary services, infrastructure, and software that route information and data to conduct debit card or credit card transaction authorization, clearance, and settlement, and that a person uses in order to accept as a form of payment a brand of debit card, credit card or other device that may be used to carry out debit or credit transactions. (d) Enforcement (1) In general Compliance with the requirements imposed under this section shall be enforced under section 1693 o of this title.
“condominium unit” applies in that section
the term “condominium unit” means a unit of residential or commercial property to be designated for separate ownership pursuant to a condominium plan or declaration provided that upon conveyance— (1) the owner of such unit will have sole ownership of the unit and an undivided interest in the common elements appurtenant to the unit; and (2) the unit will be an improved lot.
“knowingly” applies in that section
The term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (g) Regulations The Director shall issue such regulations as the Director deems appropriate to implement this section. (h) Use of penalties for administration Civil money penalties collected under this section shall be paid to the Director and, upon approval in an appropriation Act, may be used by the Director to cover all or part of the cost of rendering services under this chapter.
“antitrust law” applies throughout its chapter
The term “antitrust law” means the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.] and each statute defined by section 4 thereof [ 15 U.S.C. 44 ] as “Antitrust Acts” and all amendments to such Act and such statutes and any other Acts in pari materia.;
“failing newspaper” applies throughout its chapter
The term “failing newspaper” means a newspaper publication which, regardless of its ownership or affiliations, is in probable danger of financial failure.;
“joint newspaper operating arrangement” applies throughout its chapter
The term “joint newspaper operating arrangement” means any contract, agreement, joint venture (whether or not incorporated), or other arrangement entered into by two or more newspaper owners for the publication of two or more newspaper publications, pursuant to which joint or common production facilities are established or operated and joint or unified action is taken or agreed to be taken with respect to any one or more of the following: printing; time, method, and field of publication; allocation of production facilities; distribution; advertising solicitation; circulation solicitation; business department; establishment of advertising rates; establishment of circulation rates and revenue …
“newspaper owner” applies throughout its chapter
The term “newspaper owner” means any person who owns or controls directly, or indirectly through separate or subsidiary corporations, one or more newspaper publications.;
“newspaper publication” applies throughout its chapter
The term “newspaper publication” means a publication produced on newsprint paper which is published in one or more issues weekly (including as one publication any daily newspaper and any Sunday newspaper published by the same owner in the same city, community, or metropolitan area), and in which a substantial portion of the content is devoted to the dissemination of news and editorial opinion.;
“person” applies throughout its chapter
The term “person” means any individual, and any partnership, corporation, association, or other legal entity existing under or authorized by the law of the United States, any State or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any foreign country.
“management” applies throughout its chapter
The term “management” means any person who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Agriculture. (3) The term “sore” when used to describe a horse means that— (A) an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse, (B) any burn, cut, or laceration has been inflicted by a person on any limb of a horse, (C) any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or (D) any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can …
“State” applies throughout its chapter
The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.
“collateral” applies in that section
the term “collateral” includes all assets pledged under loan agreements and, if appropriate in the opinion of the Board, all sums of the borrower on deposit with the lender and subject to offset under section 68 of the Bankruptcy Act.
“appropriate Congressional committees” applies throughout its chapter
The term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Children’s product
“children’s product” applies throughout its chapter
The term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: (A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. (C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.