201 CMR 16.02 - Definitions

Current through Register 1466, April 1, 2022

The following definitions shall, unless the context requires otherwise, have the following meanings:

Consumer Report . Any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:

(a) credit or insurance to be used primarily for personal, family, or household purposes; or

(b) employment purposes; or

(c) other purposes authorized under M.G.L. c. 93, § 51.

Consumer Report does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report, any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device, or any report in which a person who has been requested by a third-party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third-party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under M.G.L. c. 93, § 62.

Consumer Reporting Agency . Any person which, for monetary fees, 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 consumer reports to third parties.

Electronic . Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

Identity Theft Report . A report that alleges a violation of M.G.L. c. 266, § 37E, 18 USC § 1028, or a similar statute in any other jurisdiction, or a copy of a report filed by a consumer with an appropriate federal, state or local law enforcement agency, and the filing of which subjects the person filing the report to criminal penalties pursuant to M.G.L. c. 266, § 67B or M.G.L. c. 269, § 13A.

Lift . To suspend a security freeze for the purpose of releasing a consumer's credit information to a specific party or for a specified period of time, as authorized by the consumer.

Official Information . A consumer's name, date of birth, Social Security number, and address.

Person . A natural person, corporation, association, partnership or other legal entity.

Personal Identification Number or Password . A unique and random number or a unique and random combination of numbers, letters or symbols, which cannot contain a consumer's Social Security number or any sequence of three or more numbers of a consumer's Social Security number, or other personal identifying information.

Proper Identification . Information sufficient to identify a person. Proper identification includes, but is not limited to: name, address, Social Security number and date of birth. Proper identification does not include information concerning a consumer's employment and personal or family history, unless the consumer is unable to reasonably identify himself with the above information.

Remove . To permanently terminate a security freeze.

Security Freeze . A notice placed on a person's consumer report by a consumer reporting agency at the request of the consumer and subject to certain exceptions. A security freeze prohibits the consumer reporting agency from releasing the consumer report or any information derived from the consumer report without the express prior authorization of the consumer.

Notes

201 CMR 16.02
Amended by Mass Register Issue 1427, eff. 10/2/2020.

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