Michigan Laws 445.2514 – Inapplicability of Article 3 to certain entities or uses
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Terms Used In Michigan Laws 445.2514
- Consumer: means an individual who resides in this state. See Michigan Laws 445.2512
- Consumer reporting agency: means any person that, for monetary fees or 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 credit reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports. See Michigan Laws 445.2512
- File: means all of the information about a consumer that is recorded and retained by a consumer reporting agency regardless of how the information is stored. See Michigan Laws 445.2512
- Fraud: Intentional deception resulting in injury to another.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Protected consumer: means either of the following:
(i) An individual who is under 16 years of age at the time a request for the placement of a security freeze is made. See Michigan Laws 445.2512Record: means a compilation of information that meets all of the following:
(i) Identifies a protected consumer. See Michigan Laws 445.2512Representative: means an individual who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Michigan Laws 445.2512 Subpoena: A command to a witness to appear and give testimony.
Article 3 does not apply to any of the following entities or uses:
(a) A person that is acting under a court order, warrant, or subpoena.
(b) A person that administers a credit file monitoring subscription service to which a consumer or protected consumer has subscribed.
(c) A person that provides a consumer or the consumer’s representative with a copy of the consumer’s credit report on request of the consumer or the representative.
(d) A check services or fraud prevention services company that issues any of the following:
(i) Reports on incidents of fraud.
(ii) Authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods.
(e) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, or automated teller machine abuse or provides similar information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
(f) A consumer reporting agency database or file that consists entirely of consumer information concerning, and used solely for, 1 or more of the following:
(i) Criminal record information.
(ii) Personal loss history information.
(iii) Fraud prevention or detection.
(iv) Employment screening.
(v) Tenant screening.
(g) A consumer reporting agency that meets both of the following:
(i) It is only engaged in reselling resell credit information by assembling and merging information contained in a database of 1 or more consumer reporting agencies.
(ii) It does not maintain a permanent database of credit information it obtains for purposes of subparagraph (i).