{"identifier":"/us/usc/t15/s6809","title":15,"num":"\u00a7\u202f6809.","heading":"Definitions","text":"\u00a7\u202f6809.\nDefinitions\nAs used in this subchapter:\n(1)\nFederal banking agency\nThe term \u201cFederal banking agency\u201d has the same meaning as given in\nsection 1813 of title 12\n(2)\nFederal functional regulator\nThe term \u201cFederal functional regulator\u201d means\u2014\n(A) the Board of Governors of the Federal Reserve System;\n(B) the Office of the Comptroller of the Currency;\n(C) the Board of Directors of the Federal Deposit Insurance Corporation;\n(D) the Director of the Office of Thrift Supervision;\n(E) the National Credit Union Administration Board; and\n(F) the Securities and Exchange Commission.\n(3)\nFinancial institution\n(A)\nIn general\nThe term \u201cfinancial institution\u201d means any institution the business of which is engaging in financial activities as described in\nsection 1843(k) of title 12\n(B)\nPersons subject to CFTC regulation\nNotwithstanding subparagraph (A), the term \u201cfinancial institution\u201d 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 [\n7 U.S.C. 1\n(C)\nFarm credit institutions\nNotwithstanding subparagraph (A), the term \u201cfinancial institution\u201d does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [\n12 U.S.C. 2001\n(D)\nOther secondary market institutions\nNotwithstanding subparagraph (A), the term \u201cfinancial institution\u201d does not include institutions chartered by Congress specifically to engage in transactions described in\nsection 6802(e)(1)(C) of this title\n(4)\nNonpublic personal information\n(A) The term \u201cnonpublic personal information\u201d means personally identifiable financial information\u2014\n(i) provided by a consumer to a financial institution;\n(ii) resulting from any transaction with the consumer or any service performed for the consumer; or\n(iii) otherwise obtained by the financial institution.\n(B) Such term does not include publicly available information, as such term is defined by the regulations prescribed under\nsection 6804 of this title\n(C) Notwithstanding subparagraph (B), such term\u2014\n(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\n(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.\n(5)\nNonaffiliated third party\nThe term \u201cnonaffiliated third party\u201d 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.\n(6)\nAffiliate\nThe term \u201caffiliate\u201d means any company that controls, is controlled by, or is under common control with another company.\n(7)\nNecessary to effect, administer, or enforce\nThe term \u201cas necessary to effect, administer, or enforce the transaction\u201d means\u2014\n(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\u2019s 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\u2014\n(i) providing the consumer or the consumer\u2019s 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\n(ii) the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or any other party;\n(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;\n(C) the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the consumer\u2019s request or for reinsurance purposes, or for any of the following purposes as they relate to a consumer\u2019s 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\n(D) the disclosure is required, or is a usual, appropriate or acceptable method, in connection with\u2014\n(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;\n(ii) the transfer of receivables, accounts or interests therein; or\n(iii) the audit of debit, credit or other payment information.\n(8)\nState insurance authority\nThe term \u201cState insurance authority\u201d means, in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled.\n(9)\nConsumer\nThe term \u201cconsumer\u201d 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.\n(10)\nJoint agreement\nThe term \u201cjoint agreement\u201d 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\nsection 6804 of this title\n(11)\nCustomer relationship\nThe term \u201ctime of establishing a customer relationship\u201d shall be defined by the regulations prescribed under\nsection 6804 of this title","url":"https://projectusc.org/usc/t15/s6809.html","content":[{"t":"sec","id":"/us/usc/t15/s6809","children":[{"t":"num","text":"\u00a7\u202f6809."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this subchapter:"},{"t":"para","id":"/us/usc/t15/s6809/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Federal banking agency"},{"t":"content","children":[{"t":"p","text":"The term \u201cFederal banking agency\u201d has the same meaning as given in ","children":[{"t":"ref","text":"section 1813 of title 12","href":"/us/usc/t12/s1813","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Federal functional regulator"},{"t":"chapeau","text":"The term \u201cFederal functional regulator\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t15/s6809/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Board of Governors of the Federal Reserve System;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Office of the Comptroller of the Currency;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the Board of Directors of the Federal Deposit Insurance Corporation;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the Director of the Office of Thrift Supervision;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/2/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" the National Credit Union Administration Board; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/2/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" the Securities and Exchange Commission.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Financial institution"},{"t":"subpara","id":"/us/usc/t15/s6809/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cfinancial institution\u201d means any institution the business of which is engaging in financial activities as described in ","children":[{"t":"ref","text":"section 1843(k) of title 12","href":"/us/usc/t12/s1843/k","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Persons subject to CFTC regulation"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subparagraph (A), the term \u201cfinancial institution\u201d 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 [","children":[{"t":"ref","text":"7 U.S.C. 1","href":"/us/usc/t7/s1","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Farm credit institutions"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subparagraph (A), the term \u201cfinancial institution\u201d does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [","children":[{"t":"ref","text":"12 U.S.C. 2001","href":"/us/usc/t12/s2001","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Other secondary market institutions"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subparagraph (A), the term \u201cfinancial institution\u201d does not include institutions chartered by Congress specifically to engage in transactions described in ","children":[{"t":"ref","text":"section 6802(e)(1)(C) of this title","href":"/us/usc/t15/s6802/e/1/C","tail":", as long as such institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Nonpublic personal information"},{"t":"subpara","id":"/us/usc/t15/s6809/4/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201cnonpublic personal information\u201d means personally identifiable financial information\u2014"},{"t":"clause","id":"/us/usc/t15/s6809/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" provided by a consumer to a financial institution;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6809/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" resulting from any transaction with the consumer or any service performed for the consumer; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6809/4/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" otherwise obtained by the financial institution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Such term does not include publicly available information, as such term is defined by the regulations prescribed under ","children":[{"t":"ref","text":"section 6804 of this title","href":"/us/usc/t15/s6804","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/4/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" Notwithstanding subparagraph (B), such term\u2014"},{"t":"clause","id":"/us/usc/t15/s6809/4/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6809/4/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Nonaffiliated third party"},{"t":"content","children":[{"t":"p","text":"The term \u201cnonaffiliated third party\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Affiliate"},{"t":"content","children":[{"t":"p","text":"The term \u201caffiliate\u201d means any company that controls, is controlled by, or is under common control with another company.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Necessary to effect, administer, or enforce"},{"t":"chapeau","text":"The term \u201cas necessary to effect, administer, or enforce the transaction\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t15/s6809/7/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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\u2019s 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\u2014"},{"t":"clause","id":"/us/usc/t15/s6809/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" providing the consumer or the consumer\u2019s 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6809/7/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or any other party;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the consumer\u2019s request or for reinsurance purposes, or for any of the following purposes as they relate to a consumer\u2019s 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s6809/7/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" the disclosure is required, or is a usual, appropriate or acceptable method, in connection with\u2014"},{"t":"clause","id":"/us/usc/t15/s6809/7/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6809/7/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the transfer of receivables, accounts or interests therein; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s6809/7/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the audit of debit, credit or other payment information.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"State insurance authority"},{"t":"content","children":[{"t":"p","text":"The term \u201cState insurance authority\u201d means, in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Consumer"},{"t":"content","children":[{"t":"p","text":"The term \u201cconsumer\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Joint agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cjoint agreement\u201d 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 ","children":[{"t":"ref","text":"section 6804 of this title","href":"/us/usc/t15/s6804","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s6809/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Customer relationship"},{"t":"content","children":[{"t":"p","text":"The term \u201ctime of establishing a customer relationship\u201d shall be defined by the regulations prescribed under ","children":[{"t":"ref","text":"section 6804 of this title","href":"/us/usc/t15/s6804","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}