§6809 — Title 15 Commerce and Trade | U.S. Code

Summary

Defines the main words used in this part of the law about consumer financial privacy. Federal banking agency means whatever that phrase means in 12 U.S.C. 1813. Federal functional regulator means the Fed’s Board of Governors, the OCC, the FDIC Board, the Director of the Office of Thrift Supervision, the NCUA Board, and the SEC. Financial institution means a company that does the kinds of financial business listed in 12 U.S.C. 1843(k), but it does not include firms under the Commodity Futures Trading Commission, the Federal Agricultural Mortgage Corporation or Farm Credit Act entities, or Congress-chartered institutions that do not sell nonpublic personal information to nonaffiliated third parties. Nonpublic personal information means personally identifiable financial info a company gets from a consumer, from a transaction, or in other ways; it does not include publicly available information as defined by the rules, but it does include lists built using nonpublic info and not lists built only from public info. Nonaffiliated third party means a company that is not an affiliate or related by common ownership (excluding a joint employee). Affiliate means a company that controls, is controlled by, or is under common control with another company. "As necessary to effect, administer, or enforce the transaction" means disclosures that are required or commonly used to carry out or service a transaction, to keep records or send confirmations, to enforce rights, for insurance underwriting or claims handling, for processing or settling payments, for transferring receivables, or for auditing payment information. State insurance authority means the state insurance regulator where an insurer is based. Consumer means a person who gets financial products or services for personal, family, or household use, and their legal representative. Joint agreement means a written contract where two or more financial institutions jointly offer, endorse, or sponsor a product. Time of establishing a customer relationship is set by the rules, and for lenders it means when the credit relationship is started.

Title 15, §6809

Commerce and Trade — Source: USLM XML via OLRC

As used in this subchapter:

(1)The term “Federal banking agency” has the same meaning as given in section 1813 of title 12.

(2)The term “Federal functional regulator” means—

(A)the Board of Governors of the Federal Reserve System;

(B)the Office of the Comptroller of the Currency;

(C)the Board of Directors of the Federal Deposit Insurance Corporation;

(D)the Director of the Office of Thrift Supervision;

(E)the National Credit Union Administration Board; and

(F)the Securities and Exchange Commission.

(3)(A)The term “financial institution” means any institution the business of which is engaging in financial activities as described in section 1843(k) of title 12.

(B)Notwithstanding subparagraph (A), the term “financial institution” does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act [7 U.S.C. 1 et seq.].

(C)Notwithstanding subparagraph (A), the term “financial institution” does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [12 U.S.C. 2001 et seq.].

(D)Notwithstanding subparagraph (A), the term “financial institution” does not include institutions chartered by Congress specifically to engage in transactions described in section 6802(e)(1)(C) of this title, as long as such institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party.

(4)(A)The term “nonpublic personal information” means personally identifiable financial information—

(i)provided by a consumer to a financial institution;

(ii)resulting from any transaction with the consumer or any service performed for the consumer; or

(iii)otherwise obtained by the financial institution.

(B)Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title.

(C)Notwithstanding subparagraph (B), such term—

(i)shall include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived using any nonpublic personal information other than publicly available information; but

(ii)shall not include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived without using any nonpublic personal information.

(5)The term “nonaffiliated third party” means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.

(6)The term “affiliate” means any company that controls, is controlled by, or is under common control with another company.

(7)The term “as necessary to effect, administer, or enforce the transaction” means—

(A)the disclosure is required, or is a usual, appropriate, or acceptable method, to carry out the transaction or the product or service business of which the transaction is a part, and record or service or maintain the consumer’s account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes—

(i)providing the consumer or the consumer’s agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product; and

(ii)the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or any other party;

(B)the disclosure is required, or is one of the lawful or appropriate methods, to enforce the rights of the financial institution or of other persons engaged in carrying out the financial transaction, or providing the product or service;

(C)the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the consumer’s request or for reinsurance purposes, or for any of the following purposes as they relate to a consumer’s insurance: Account administration, reporting, investigating, or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects, or as otherwise required or specifically permitted by Federal or State law; or

(D)the disclosure is required, or is a usual, appropriate or acceptable method, in connection with—

(i)the authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or account number, or by other payment means;

(ii)the transfer of receivables, accounts or interests therein; or

(iii)the audit of debit, credit or other payment information.

(8)The term “State insurance authority” means, in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled.

(9)The term “consumer” means an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.

(10)The term “joint agreement” means a formal written contract pursuant to which two or more financial institutions jointly offer, endorse, or sponsor a financial product or service, and as may be further defined in the regulations prescribed under section 6804 of this title.

(11)The term “time of establishing a customer relationship” shall be defined by the regulations prescribed under section 6804 of this title, and shall, in the case of a financial institution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1436, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables. The Commodity Exchange Act, referred to in par. (3)(B), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables. The Farm Credit Act of 1971, referred to in par. (3)(C), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see

Short Title

note set out under section 2001 of Title 12 and Tables.

§6809 Definitions