<?xml version='1.0' encoding='utf-8'?>
<section article="gcl" article_name="Commercial Law" number="14-1201" title_number="14" title_name="Miscellaneous Consumer Protection Provisions" subtitle_number="12" subtitle_name="Consumer Credit Reporting Agencies">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Breach of the security of a system” has the meaning stated in § 14–3504 of this title.</text>
  </level>
  <level label="c">
    <text>“Commissioner” means the Commissioner of Financial Regulation of the Maryland Department of Labor.</text>
  </level>
  <level label="d">
    <text>“Consumer” means an individual.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>“Consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living 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:</text>
      <level label="i">
        <text>Credit or insurance to be used primarily for personal, family, or household purposes;</text>
      </level>
      <level label="ii">
        <text>Employment purposes; or</text>
      </level>
      <level label="iii">
        <text>Other purposes authorized under § 14–1202 of this subtitle.</text>
      </level>
    </level>
    <level label="2">
      <text>The term does not include:</text>
      <level label="i">
        <text>Any report containing information solely as to transactions or experiences between the consumer and the person making the report;</text>
      </level>
      <level label="ii">
        <text>Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or</text>
      </level>
      <level label="iii">
        <text>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 decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under § 14–1212 of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>“Consumer reporting agency” means 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, and which uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports.</text>
    </level>
    <level label="2">
      <text>“Consumer reporting agency” does not include:</text>
      <level label="i">
        <text>A person licensed as a private detective agency or certified as a private detective under the Maryland Private Detectives Act; or</text>
      </level>
      <level label="ii">
        <text>A person who assembles and exchanges consumer credit information with an affiliated person or a person who is owned or controlled by the same entity, provided that, in the event of an adverse credit decision against a consumer based on that information, the entity making the decision shall comply with the notice requirements of § 14–1212(b) of this subtitle.</text>
      </level>
    </level>
  </level>
  <level label="f–1">
    <text>“Eligible service member” means an individual who:</text>
    <level label="1">
      <text>Is an active service member, as defined in § 9–901 of the State Government Article; and</text>
    </level>
    <level label="2">
      <text>Is assigned to service away from the usual station of duty of the individual.</text>
    </level>
  </level>
  <level label="g">
    <text>“Employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.</text>
  </level>
  <level label="h">
    <text>“File”, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.</text>
  </level>
  <level label="i">
    <text>“Incarcerated person” means an incarcerated individual as defined in § 1–101 of the Correctional Services Article who has been sentenced to a correctional facility for a period of 1 year or more.</text>
  </level>
  <level label="j">
    <text>“Investigative consumer report” means a consumer report or portion of it in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer.</text>
  </level>
  <level label="k">
    <text>“Medical information” means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.</text>
  </level>
  <level label="l">
    <text>“Nationwide Multistate Licensing System” or “NMLS” has the meaning stated in § 1–101 of the Financial Institutions Article.</text>
  </level>
  <level label="m">
    <text>“Person” includes an individual, corporation, government or governmental subdivision or agency, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.</text>
  </level>
  <level label="n">
    <text>“State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.</text>
  </level>
</section>
