47-18-1002 - Definitions. - Tennessee Statutes

47-18-1002. Definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Attorney general” means the office of the attorney general and reporter;

     (2)  “Consumer” means any individual who is solicited to purchase or who purchases the services of a credit services business;

     (3)  (A)  “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 furnished or 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:

                (i)  Credit or insurance to be used primarily for personal, family, or household purposes;

                (ii)  Employment purposes; or

                (iii)  Other purposes which shall be limited to the following circumstances:

                (a)  In response to the order of a court having jurisdiction to issue the order;

                (b)  In accordance with the written instructions of the consumer to whom the report relates; or

                (c)  To a person which the agency has reason to believe:

                (1)  Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to or review or collection of an account of, the consumer;

                (2)  Intends to use the information for employment purposes;

                (3)  Intends to use the information in connection with the underwriting of insurance involving the consumer;

                (4)  Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

                (5)  Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.

          (B)  “Consumer report” does not include:

                (i)  Any report containing information solely as to transactions or experiences between the consumer and the person making the report;

                (ii)  Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or

                (iii)  Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys the person's decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made, and the person makes the disclosures to the consumer as to the exact nature of the request and the effect of the report on its decision to extend credit.

     (4)  (A)  “Consumer reporting agency” means any person who, 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 who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports.

          (B)  “Consumer reporting agency” does not include a private detective or investigator licensed under the provisions of title 62, chapter 26.

     (5)  (A)  “Credit services business” means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform any of the following services in return for the payment of money or other valuable consideration:

                (i)  Improving a consumer's credit record, history, or rating;

                (ii)  Obtaining an extension of credit for a consumer; or

                (iii)  Providing advice or assistance to a consumer with regard to either (i) or (ii) of this subdivision (5)(A).

          (B)  “Credit services business” does not include:

                (i)  The making, arranging, or negotiating directly for a loan or extension of credit under the laws of this state or the United States;

                (ii)  Any bank, trust company, savings bank, or savings institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or any credit union organized and chartered under the laws of this state or the United States;

                (iii)  Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3));

                (iv)  Any person licensed as a real estate broker by this state where the person is acting within the course and scope of that license;

                (v)  Any person licensed to practice law in this state where the person renders services within the course and scope of that person's practice as a lawyer;

                (vi)  Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission where the broker-dealer is acting within the course and scope of that regulation; or

                (vii)  Any consumer reporting agency as defined in the Federal Fair Credit Reporting Act (15 U.S.C. §§ 1681-1681t).

     (6)  “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes;

     (7)  “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;

     (8)  “Investigative consumer report” means a consumer report or portion of it 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 the consumer is acquainted, or who may have knowledge concerning any items of information. However, the information does 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 the information was obtained directly from a creditor of the consumer or from the consumer; and

     (9)  “Person” includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.

[Acts 1988, ch. 897, § 2; 1998, ch. 854, § 1.]