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Statutes Text

Article - Commercial Law




§14–1201.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Breach of the security of a system” has the meaning stated in § 14–3504 of this title.

    (c)    “Commissioner” means the Commissioner of Financial Regulation of the Maryland Department of Labor.

    (d)    “Consumer” means an individual.

    (e)    (1)    “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:

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

            (ii)    Employment purposes; or

            (iii)    Other purposes authorized under § 14–1202 of this subtitle.

        (2)    The term 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 his 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 required under § 14–1212 of this subtitle.

    (f)    (1)    “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 commerce for the purpose of preparing or furnishing consumer reports.

        (2)    “Consumer reporting agency” does not include:

            (i)    A person licensed as a private detective agency or certified as a private detective under the Maryland Private Detectives Act; or

            (ii)    A person who assembles and exchanges consumer credit information with an affiliated person or a person who is owned or controlled by the same entity, provided that, in the event of an adverse credit decision against a consumer based on that information, the entity making the decision shall comply with the notice requirements of § 14–1212(b) of this subtitle.

    (g)    “Employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.

    (h)    “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.

    (i)    “Incarcerated person” means an inmate as defined in § 1–101 of the Correctional Services Article who has been sentenced to a correctional facility for a period of 1 year or more.

    (j)    “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 he 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.

    (k)    “Medical information” means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

    (l)    “Nationwide Mortgage Licensing System and Registry” or “NMLS” has the meaning stated in § 1–101 of the Financial Institutions Article.

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

    (n)    “Service member” means an individual in military service who:

        (1)    (i)    Is on active duty as defined in Section 101(d)(1) of Title 10 of the United States Code; or

            (ii)    Is a reservist performing duty under a call or order to active duty under Section 101(a)(13) of Title 10 of the United States Code; and

        (2)    Is assigned to service away from the usual duty station of the individual.

    (o)    “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.



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