Terms Used In 34 CFR Part 5b - Privacy Act Regulations

• Act: means the Fair Credit Reporting Act (15 U. See 16 CFR 680.3
• Adverse Action Notice: The notice required by the Equal Credit Opportunity Act advising a credit applicant or existing debtor of the denial of their request for credit or advising of a change in terms considered unfavorable to the account holder. ^{Source: OCC}
• affiliate: means any company that is related by common ownership or common corporate control with another company. See 16 CFR 680.3
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• common ownership or common corporate control: means a relationship between two companies under which:

  (1) One company has, with respect to the other company:

  (i) Ownership, control, or the power to vote 25 percent or more of the outstanding shares of any class of voting security of a company, directly or indirectly, or acting through one or more other persons;

  (ii) Control in any manner over the election of a majority of the directors, trustees, or general partners (or individuals exercising similar functions) of a company; or

  (iii) The power to exercise, directly or indirectly, a controlling influence over the management or policies of a company, as the Commission determines; or

  (2) Any person has, with respect to both companies, a relationship described in paragraphs (d)(1)(i) through (d)(1)(iii) of this section. See 16 CFR 680.3

• company: means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization. See 16 CFR 680.3
• concise: means a reasonably brief expression or statement. See 16 CFR 680.3
• consumer: means an individual. See 16 CFR 680.3
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• eligibility information: means any information the communication of which would be a consumer report if the exclusions from the definition of "consumer report" in section 603(d)(2)(A) of the Act did not apply. See 16 CFR 680.3
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• motor vehicle dealer: means any person excluded from Consumer Financial Protection Bureau jurisdiction as described in 12 U. See 16 CFR 680.3
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Oversight: Committee review of the activities of a Federal agency or program.
• person: means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. See 16 CFR 680.3
• pre-existing business relationship: means a relationship between a person, or a person's licensed agent, and a consumer based on—

  (i) A financial contract between the person and the consumer which is in force on the date on which the consumer is sent a solicitation covered by this part;

  (ii) The purchase, rental, or lease by the consumer of the persons' goods or services, or a financial transaction (including holding an active account or a policy in force or having another continuing relationship) between the consumer and the person, during the 18-month period immediately preceding the date on which the consumer is sent a solicitation covered by this part; or

  (iii) An inquiry or application by the consumer regarding a product or service offered by that person during the three-month period immediately preceding the date on which the consumer is sent a solicitation covered by this part. See 16 CFR 680.3

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Quorum: The number of legislators that must be present to do business.
• solicitation: means the marketing of a product or service initiated by a person to a particular consumer that is—

  (i) Based on eligibility information communicated to that person by its affiliate as described in this part; and

  (ii) Intended to encourage the consumer to purchase or obtain such product or service. See 16 CFR 680.3

• Trustee: A person or institution holding and administering property in trust.
• United States: when used in a geographical sense shall include only the States and the District of Columbia. See 27 CFR 44.11