§ 75-134. Definitions. - North Carolina Statutes

§ 75‑134.  Definitions.

The following definitionsapply in this Article:

(1)        Consumer. – Anindividual.

(2)        Consumer report. – Asdefined in G.S. 75‑61(3).

(3)        Credit monitoringservice. – Any person who offers, for a fee or compensation, to obtain, provide,or monitor a credit report on behalf of a consumer, or to assist a consumer inobtaining or monitoring the consumer's credit report, and provides or purportsto provide the foregoing services. The term also includes any person whooffers, for a fee or compensation, to obtain or provide a fraud alert on behalfof a consumer or to assist a consumer in obtaining such fraud alert. The termdoes not include the following activities of a consumer reporting agency, asdefined in section 603(f) [15 U.S.C. § 1681a(f)] of the federal Fair CreditReporting Act, provided that, while the excluded activities themselves do notfall within the definition of the term "credit monitoring service"none of these excluded activities exempts a consumer reporting agency from theduty to provide the notice required under G.S. 75‑135 where the sale of acredit monitoring service occurs as a result of an offer for the creditmonitoring service made at a time during communications involving suchactivities:

a.         Providing a creditreport to another party that monitors a credit report on behalf of a consumer;

b.         Providing adisclosure to a consumer of the information in the consumer's file pursuant tosection 609(a) [15 U.S.C. § 1681g(a)] of the federal Fair Credit Reporting Actand also imposing a charge permitted under section 612(f) [15 U.S.C. §1681j(f)] of the federal Fair Credit Reporting Act;

c.         Providing thedisclosure of a score pursuant to section 609(f) [15 U.S.C. § 1681g(f)] of thefederal Fair Credit Reporting Act and also imposing a charge permitted undersection 609(f)(8) [15 U.S.C. § 1681g(f)(8)] of the federal Fair CreditReporting Act;

d.         Providing a noticerequired by G.S. 75‑63(m); or

e.         Providing amonitoring service to individuals who receive a notice provided by a person whoexperienced a security breach and where the monitoring service was paid for bythe person who experienced the security breach.

(4)        Fraud alert. – Asdefined in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c‑1.

(5)        Person. – Anyindividual, partnership, corporation, association, business establishment, orany other legal or commercial entity.  (2009‑355, s. 7.)