As used in this chapter: (1) "Consumer" means an individual who is not a protected consumer. (2) "Consumer reporting agency" means a person who, for a monetary fee, 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 or consumer reports to third persons. (3) "Consumer who is subject to a protected consumer security freeze" means an individual: (a) for whom a credit reporting agency placed a security freeze under Section 13-45-503; and (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. (4) "Credit report" means a consumer report, as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a, that is used or collected in whole or part for the purpose of serving as a factor in establishing a consumer's eligibility for credit for personal, family, or household purposes. (5) "File" means the same as that term is defined in 15 U.S.C. Sec. 1681a. (6) "Incapacitated person" means an individual who is incapacitated, as defined in Section 75-1-201. (7) "Normal business hours" means Sunday through Saturday, between the hours of 6:00 a.m. and 9:30 p.m., Mountain Standard or Mountain Daylight Time. (8) (a) "Personal information" means personally identifiable financial information: (i) provided by a consumer to another person; (ii) resulting from any transaction with the consumer or any service performed for the consumer; or (iii) otherwise obtained by another person. (b) "Personal information" does not include: (i) publicly available information, as that term is defined in Section 13-61-101; or (ii) any list, description, or other grouping of consumers, and publicly available information relating to a consumer, that is derived without using any nonpublic personal information. (c) Notwithstanding Subsection (8)(b), "personal information" includes any list, description, or other grouping of consumers, and publicly available information relating to a consumer, that is derived using any nonpublic personal information other than publicly available information. (9) (a) "Proper identification" means the same as that term is defined in 15 U.S.C. Sec. 1681h(a)(1); (b) "Proper identification" includes: (i) the consumer's full name, including first, last, and middle names and any suffix; (ii) any name the consumer previously used; (iii) the consumer's current and recent full addresses, including street address, any apartment number, city, state, and ZIP code; (iv) the consumer's Social Security number; and (v) the consumer's date of birth. (10) "Protected consumer" means an individual who, at the time a request for a security freeze is made, is: (a) under 16 years old; (b) an incapacitated person; or (c) a protected person. (11) "Protected person" means the same as that term is defined in Section 75-5b-102. (12) "Record" means a compilation of information that: (a) identifies a protected consumer; (b) is created by a consumer reporting agency solely for the purpose of complying with this section; and (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. (13) "Representative" means a person that provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. (14) (a) "Sufficient proof of authority" means documentation that shows that a person has authority to act on behalf of a protected consumer. (b) "Sufficient proof of authority" includes: (i) a court order; (ii) a lawfully executed power of attorney; or (iii) a written, notarized statement signed by the person that expressly describes the person's authority to act on behalf of the protected consumer. (15) (a) "Sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative. (b) "Sufficient proof of identification" includes: (i) a Social Security number or a copy of a Social Security card issued by the United States Social Security Administration; (ii) a certified or official copy of a birth certificate; or (iii) a copy of a government issued driver license or identification card.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.