Terms Used In Utah Code > Title 13 > Chapter 45 - Consumer Credit Protection Act

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affordable housing: means housing offered for sale at 80% or less of the median county home price for housing of that type. See Utah Code 17-27a-1201
• Agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Base taxable value: means a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17-27a-1201
• Base year: means , for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone. See Utah Code 17-27a-1201
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Consumer: means an individual who is not a protected consumer. See Utah Code 13-45-102
• Consumer reporting agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See Utah Code 13-45-102
• Consumer who is subject to a protected consumer security freeze: means an individual:
       (3)(a) for whom a credit reporting agency placed a security freeze under Section 13-45-503; and
       (3)(b) who, on the day on which a request for the removal of the security freeze is submitted under Section 13-45-504, is not a protected consumer. See Utah Code 13-45-102
• Contract: A legal written agreement that becomes binding when signed.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• 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 report: means a consumer report, as defined in Utah Code 13-45-102
• 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.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• File: is a s defined in Utah Code 13-45-102
• Fraud: Intentional deception resulting in injury to another.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 17-27a-1201
• Incapacitated person: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 13-45-102
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local charge: means one or more of the following charges paid by a public service provider to a county or municipality:
            (1)(a)(i) a tax;
            (1)(a)(ii) a license;
            (1)(a)(iii) a fee;
            (1)(a)(iv) a license fee;
            (1)(a)(v) a license tax; or
            (1)(a)(vi) a charge similar to Subsections (1)(a)(i) through (v). See Utah Code 11-26-201
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipality: means :
            (1)(b)(i) a city; or
            (1)(b)(ii) a town. See Utah Code 11-26-201
• Normal business hours: means Sunday through Saturday, between the hours of 6:00 a. See Utah Code 13-45-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Participant: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Participation agreement: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• personal information: includes any list, description, or other grouping of consumers, and publicly available information pertaining to the consumers, that is derived using any nonpublic personal information other than publicly available information. See Utah Code 13-45-102
• Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected consumer: means an individual who, at the time a request for a security freeze is made, is:
       (10)(a) less than 16 years of age;
       (10)(b) an incapacitated person; or
       (10)(c) a protected person. See Utah Code 13-45-102
• Protected person: means the same as that term is defined in Section 75-5b-102. See Utah Code 13-45-102
• Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
• Public service provider: means a person engaged in the business of supplying taxable energy as defined in Section 10-1-303. See Utah Code 11-26-201
• Record: means a compilation of information that:
       (12)(a) identifies a protected consumer;
       (12)(b) is created by a consumer reporting agency solely for the purpose of complying with this section; and
       (12)(c) may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. See Utah Code 13-45-102
• Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Utah Code 13-45-102
• Security freeze: means a prohibition, consistent with the provisions of this section, on a consumer reporting agency's furnishing of a consumer's credit report to a third party intending to use the credit report to determine the consumer's eligibility for credit. See Utah Code 13-45-201
• security freeze: means :
  (1) if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that:

       (1)(a) is placed on the protected consumer's record in accordance with this part; and

       (1)(b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's record; or
  (2) if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that:

       (2)(a) is placed on the protected consumer's credit report in accordance with this part; and

       (2)(b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report. See Utah Code 13-45-502
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Subpoena: A command to a witness to appear and give testimony.
• Sufficient proof of authority: includes :
            (14)(b)(i) a court order;
            (14)(b)(ii) a lawfully executed power of attorney; or
            (14)(b)(iii) a written, notarized statement signed by the person that expressly describes the person's authority to act on behalf of the protected consumer. See Utah Code 13-45-102
• Sufficient proof of identification: includes :
            (15)(b)(i) a Social Security number or a copy of a Social Security card issued by the United States Social Security Administration;
            (15)(b)(ii) a certified or official copy of a birth certificate; or
            (15)(b)(iii) a copy of a government issued driver license or identification card. See Utah Code 13-45-102
• Tax commission: means the State Tax Commission created in Section 59-1-201. See Utah Code 17-27a-1201
• Tax increment: means the difference between:
            (11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17-27a-1201
• Taxing entity: means the same as that term is defined in Section 17C-1-102. See Utah Code 17-27a-1201
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
• Unique personal identifier: means a personal identification number, password, or other secure form of identity verification accepted by a consumer reporting agency and intended for use by a consumer to place, remove, or temporarily remove a security freeze in accordance with this chapter. See Utah Code 13-45-201
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Veteran: means an individual who:
            (44)(a)(i) has served in the United States Armed Forces for at least 180 days:

                 (44)(a)(i)(A) on active duty; or

                 (44)(a)(i)(B) in a reserve component, to include the National Guard; or
            (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
            (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5