In this chapter the following words have the following meanings:
"Attorney General" means the Office of the Attorney General of Virginia.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Consumer" means any individual who is solicited to purchase or whopurchases the services of a credit services business.
"Consumer report" means any written, oral, or other communication of anyinformation by a consumer reporting agency bearing on a consumer'screditworthiness, credit standing, credit capacity, character, generalreputation, personal characteristics, or mode of living which (i) isfurnished or (ii) is used or expected to be used or collected in whole or inpart for the purpose of serving as a factor in establishing the consumer'seligibility for:
1. Credit or insurance to be used primarily for personal, family, orhousehold purposes; or
2. Employment purposes; or
3. 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 thereport relates.
c. To a person which the agency has reason to believe:
(i) Intends to use the information in connection with a credit transactioninvolving the consumer on whom the information is to be furnished andinvolving the extension of credit to or review or collection of an accountof, the consumer; or
(ii) Intends to use the information for employment purposes; or
(iii) Intends to use the information in connection with the underwriting ofinsurance involving the consumer; or
(iv) Intends to use the information in connection with a determination of theconsumer's eligibility for a license or other benefit granted by agovernmental instrumentality required by law to consider an applicant'sfinancial responsibility or status; or
(v) Otherwise has a legitimate business need for the information inconnection with a business transaction involving the consumer.
The term "consumer report" does not include:
1. Any report containing information solely as to transactions or experiencesbetween the consumer and the person making the report;
2. Any authorization or approval of a specific extension of credit directlyor indirectly by the issuer of a credit card or similar device; or
3. Any report in which a person who has been requested by a third party tomake a specific extension of credit directly or indirectly to a consumerconveys his decision with respect to the request, if the third party advisesthe consumer of the name and address of the person to whom the request wasmade and the person makes the disclosures to the consumer as to the exactnature of the request and the effect of the report on its decision to extendcredit.
"Consumer reporting agency" means any person which, for monetary fees,dues, or on a cooperative nonprofit basis, regularly engages in whole or inpart in the practice of assembling or evaluating consumer credit informationor other information on consumers for the purpose of furnishing consumerreports to third parties, and which uses any means or facility of commercefor the purpose of preparing or furnishing consumer reports. "Consumerreporting agency" does not include a private detective or investigatorlicensed under the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1of Title 9.1.
"Credit services business" means any person who, with respect to theextension of credit by others, sells, provides, or performs, or representsthat such person can or will sell, provide, or perform, any of the followingservices in return for the payment of money or other valuable consideration:
1. Improving a consumer's credit record, history, or rating;
2. Obtaining an extension of credit for a consumer; or
3. Providing advice or assistance to a consumer with regard to eithersubdivision 1 or 2 herein.
"Credit services business" does not include:
(i) The making, arranging, or negotiating for a loan or extension of creditunder the laws of this Commonwealth or the United States;
(ii) Any bank, trust company, savings bank, or savings institution whosedeposits or accounts are eligible for insurance by the Federal DepositInsurance Corporation or other federal insurance agency, or any credit unionorganized and chartered under the laws of this Commonwealth or the UnitedStates;
(iii) Any nonprofit organization exempt from taxation under § 501 (c) (3) ofthe Internal Revenue Code (26 U.S.C. § 501 (c) (3));
(iv) Any person licensed as a real estate broker by this Commonwealth wherethe person is acting within the course and scope of that license;
(v) Any person licensed to practice law in this Commonwealth where the personrenders services within the course and scope of that person's practice as alawyer;
(vi) Any broker-dealer registered with the Securities and Exchange Commissionor the Commodity Futures Trading Commission where the broker-dealer is actingwithin the course and scope of that regulation;
(vii) Any consumer reporting agency as defined in the Federal Fair CreditReporting Act (15 U.S.C. §§ 1681-1681v); or
(viii) Any person selling personal, family, or household goods to a consumerwho, in connection with the seller's sale of its goods to the consumer,assists the consumer in obtaining a loan or extension of credit or extendscredit to the consumer.
"Extension of credit" means the right to defer payment of debt or to incurdebt and defer its payment, offered or granted primarily for personal,family, or household purposes.
"File" when used in connection with information on any consumer, means allof the information on that consumer recorded and retained by a consumerreporting agency regardless of how the information is stored.
"Investigative consumer report" means a consumer report or portion of it inwhich information on a consumer's character, general reputation, personalcharacteristics, or mode of living is obtained through personal interviewswith neighbors, friends, or associates of the consumer reported on or withothers with whom he is acquainted or who may have knowledge concerning anyitems of information. However, the information does not include specificfactual information on a consumer's credit record obtained directly from acreditor of the consumer or from a consumer reporting agency when theinformation was obtained directly from a creditor of the consumer or from theconsumer.
"Person" includes an individual, corporation, government or governmentalsubdivision or agency, business trust, estate, trust, partnership,association, two or more persons having a joint or common interest, and anyother legal or commercial entity.
In this chapter the following words have the following meanings:
"Attorney General" means the Office of the Attorney General of Virginia.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Consumer" means any individual who is solicited to purchase or whopurchases the services of a credit services business.
"Consumer report" means any written, oral, or other communication of anyinformation by a consumer reporting agency bearing on a consumer'screditworthiness, credit standing, credit capacity, character, generalreputation, personal characteristics, or mode of living which (i) isfurnished or (ii) is used or expected to be used or collected in whole or inpart for the purpose of serving as a factor in establishing the consumer'seligibility for:
1. Credit or insurance to be used primarily for personal, family, orhousehold purposes; or
2. Employment purposes; or
3. 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 thereport relates.
c. To a person which the agency has reason to believe:
(i) Intends to use the information in connection with a credit transactioninvolving the consumer on whom the information is to be furnished andinvolving the extension of credit to or review or collection of an accountof, the consumer; or
(ii) Intends to use the information for employment purposes; or
(iii) Intends to use the information in connection with the underwriting ofinsurance involving the consumer; or
(iv) Intends to use the information in connection with a determination of theconsumer's eligibility for a license or other benefit granted by agovernmental instrumentality required by law to consider an applicant'sfinancial responsibility or status; or
(v) Otherwise has a legitimate business need for the information inconnection with a business transaction involving the consumer.
The term "consumer report" does not include:
1. Any report containing information solely as to transactions or experiencesbetween the consumer and the person making the report;
2. Any authorization or approval of a specific extension of credit directlyor indirectly by the issuer of a credit card or similar device; or
3. Any report in which a person who has been requested by a third party tomake a specific extension of credit directly or indirectly to a consumerconveys his decision with respect to the request, if the third party advisesthe consumer of the name and address of the person to whom the request wasmade and the person makes the disclosures to the consumer as to the exactnature of the request and the effect of the report on its decision to extendcredit.
"Consumer reporting agency" means any person which, for monetary fees,dues, or on a cooperative nonprofit basis, regularly engages in whole or inpart in the practice of assembling or evaluating consumer credit informationor other information on consumers for the purpose of furnishing consumerreports to third parties, and which uses any means or facility of commercefor the purpose of preparing or furnishing consumer reports. "Consumerreporting agency" does not include a private detective or investigatorlicensed under the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1of Title 9.1.
"Credit services business" means any person who, with respect to theextension of credit by others, sells, provides, or performs, or representsthat such person can or will sell, provide, or perform, any of the followingservices in return for the payment of money or other valuable consideration:
1. Improving a consumer's credit record, history, or rating;
2. Obtaining an extension of credit for a consumer; or
3. Providing advice or assistance to a consumer with regard to eithersubdivision 1 or 2 herein.
"Credit services business" does not include:
(i) The making, arranging, or negotiating for a loan or extension of creditunder the laws of this Commonwealth or the United States;
(ii) Any bank, trust company, savings bank, or savings institution whosedeposits or accounts are eligible for insurance by the Federal DepositInsurance Corporation or other federal insurance agency, or any credit unionorganized and chartered under the laws of this Commonwealth or the UnitedStates;
(iii) Any nonprofit organization exempt from taxation under § 501 (c) (3) ofthe Internal Revenue Code (26 U.S.C. § 501 (c) (3));
(iv) Any person licensed as a real estate broker by this Commonwealth wherethe person is acting within the course and scope of that license;
(v) Any person licensed to practice law in this Commonwealth where the personrenders services within the course and scope of that person's practice as alawyer;
(vi) Any broker-dealer registered with the Securities and Exchange Commissionor the Commodity Futures Trading Commission where the broker-dealer is actingwithin the course and scope of that regulation;
(vii) Any consumer reporting agency as defined in the Federal Fair CreditReporting Act (15 U.S.C. §§ 1681-1681v); or
(viii) Any person selling personal, family, or household goods to a consumerwho, in connection with the seller's sale of its goods to the consumer,assists the consumer in obtaining a loan or extension of credit or extendscredit to the consumer.
"Extension of credit" means the right to defer payment of debt or to incurdebt and defer its payment, offered or granted primarily for personal,family, or household purposes.
"File" when used in connection with information on any consumer, means allof the information on that consumer recorded and retained by a consumerreporting agency regardless of how the information is stored.
"Investigative consumer report" means a consumer report or portion of it inwhich information on a consumer's character, general reputation, personalcharacteristics, or mode of living is obtained through personal interviewswith neighbors, friends, or associates of the consumer reported on or withothers with whom he is acquainted or who may have knowledge concerning anyitems of information. However, the information does not include specificfactual information on a consumer's credit record obtained directly from acreditor of the consumer or from a consumer reporting agency when theinformation was obtained directly from a creditor of the consumer or from theconsumer.
"Person" includes an individual, corporation, government or governmentalsubdivision or agency, business trust, estate, trust, partnership,association, two or more persons having a joint or common interest, and anyother legal or commercial entity.
In this chapter the following words have the following meanings:
"Attorney General" means the Office of the Attorney General of Virginia.
"Commissioner" means the Commissioner of Agriculture and Consumer Services,or a member of his staff to whom he may delegate his duties under thischapter.
"Consumer" means any individual who is solicited to purchase or whopurchases the services of a credit services business.
"Consumer report" means any written, oral, or other communication of anyinformation by a consumer reporting agency bearing on a consumer'screditworthiness, credit standing, credit capacity, character, generalreputation, personal characteristics, or mode of living which (i) isfurnished or (ii) is used or expected to be used or collected in whole or inpart for the purpose of serving as a factor in establishing the consumer'seligibility for:
1. Credit or insurance to be used primarily for personal, family, orhousehold purposes; or
2. Employment purposes; or
3. 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 thereport relates.
c. To a person which the agency has reason to believe:
(i) Intends to use the information in connection with a credit transactioninvolving the consumer on whom the information is to be furnished andinvolving the extension of credit to or review or collection of an accountof, the consumer; or
(ii) Intends to use the information for employment purposes; or
(iii) Intends to use the information in connection with the underwriting ofinsurance involving the consumer; or
(iv) Intends to use the information in connection with a determination of theconsumer's eligibility for a license or other benefit granted by agovernmental instrumentality required by law to consider an applicant'sfinancial responsibility or status; or
(v) Otherwise has a legitimate business need for the information inconnection with a business transaction involving the consumer.
The term "consumer report" does not include:
1. Any report containing information solely as to transactions or experiencesbetween the consumer and the person making the report;
2. Any authorization or approval of a specific extension of credit directlyor indirectly by the issuer of a credit card or similar device; or
3. Any report in which a person who has been requested by a third party tomake a specific extension of credit directly or indirectly to a consumerconveys his decision with respect to the request, if the third party advisesthe consumer of the name and address of the person to whom the request wasmade and the person makes the disclosures to the consumer as to the exactnature of the request and the effect of the report on its decision to extendcredit.
"Consumer reporting agency" means any person which, for monetary fees,dues, or on a cooperative nonprofit basis, regularly engages in whole or inpart in the practice of assembling or evaluating consumer credit informationor other information on consumers for the purpose of furnishing consumerreports to third parties, and which uses any means or facility of commercefor the purpose of preparing or furnishing consumer reports. "Consumerreporting agency" does not include a private detective or investigatorlicensed under the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1of Title 9.1.
"Credit services business" means any person who, with respect to theextension of credit by others, sells, provides, or performs, or representsthat such person can or will sell, provide, or perform, any of the followingservices in return for the payment of money or other valuable consideration:
1. Improving a consumer's credit record, history, or rating;
2. Obtaining an extension of credit for a consumer; or
3. Providing advice or assistance to a consumer with regard to eithersubdivision 1 or 2 herein.
"Credit services business" does not include:
(i) The making, arranging, or negotiating for a loan or extension of creditunder the laws of this Commonwealth or the United States;
(ii) Any bank, trust company, savings bank, or savings institution whosedeposits or accounts are eligible for insurance by the Federal DepositInsurance Corporation or other federal insurance agency, or any credit unionorganized and chartered under the laws of this Commonwealth or the UnitedStates;
(iii) Any nonprofit organization exempt from taxation under § 501 (c) (3) ofthe Internal Revenue Code (26 U.S.C. § 501 (c) (3));
(iv) Any person licensed as a real estate broker by this Commonwealth wherethe person is acting within the course and scope of that license;
(v) Any person licensed to practice law in this Commonwealth where the personrenders services within the course and scope of that person's practice as alawyer;
(vi) Any broker-dealer registered with the Securities and Exchange Commissionor the Commodity Futures Trading Commission where the broker-dealer is actingwithin the course and scope of that regulation;
(vii) Any consumer reporting agency as defined in the Federal Fair CreditReporting Act (15 U.S.C. §§ 1681-1681v); or
(viii) Any person selling personal, family, or household goods to a consumerwho, in connection with the seller's sale of its goods to the consumer,assists the consumer in obtaining a loan or extension of credit or extendscredit to the consumer.
"Extension of credit" means the right to defer payment of debt or to incurdebt and defer its payment, offered or granted primarily for personal,family, or household purposes.
"File" when used in connection with information on any consumer, means allof the information on that consumer recorded and retained by a consumerreporting agency regardless of how the information is stored.
"Investigative consumer report" means a consumer report or portion of it inwhich information on a consumer's character, general reputation, personalcharacteristics, or mode of living is obtained through personal interviewswith neighbors, friends, or associates of the consumer reported on or withothers with whom he is acquainted or who may have knowledge concerning anyitems of information. However, the information does not include specificfactual information on a consumer's credit record obtained directly from acreditor of the consumer or from a consumer reporting agency when theinformation was obtained directly from a creditor of the consumer or from theconsumer.
"Person" includes an individual, corporation, government or governmentalsubdivision or agency, business trust, estate, trust, partnership,association, two or more persons having a joint or common interest, and anyother legal or commercial entity.
