New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45F - IDENTITY THEFT
Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS
Section 13:45F-1.3 - Definitions

For the purposes of this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Communicate" means to send a written or other tangible record or to transmit a record by any means agreed upon by the persons sending and receiving the record.

"Consumer" means an individual.

"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 that 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:

1. Credit or insurance to be used primarily for personal, family or household purposes;

2. Employment purposes; or

3. Any other purpose authorized under the New Jersey Fair Credit Reporting Act, P.L. 1997, c. 172 §4.

The term "consumer report" does not include:

1. Any report containing information solely on transactions or experiences between the consumer and the person making the report, communication of that information among persons related by common ownership or affiliated by corporate control, or communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among those persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that the information not be communicated among those persons;

2. Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;

3. 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 that 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 15 U.S.C. § 1681m, incorporated herein by reference as may be amended and supplemented; or

4. Communication excluded from the definition of consumer report pursuant to subsection (o) of section 603 of the Fair Credit Reporting Act, 15 U.S.C. § 1681a, incorporated herein by reference, as may be amended and supplemented.

"Consumer reporting agency" means all consumer reporting agencies that compile or maintain flies on consumers on a nationwide basis, as defined by subsection (p) of section 603 of the Fair Credit Reporting Act, 15 U.S.C. § 1681a, incorporated herein by reference, as may be amended and supplemented.

"Director" means the Director of the Division of Consumer Affairs within the Department of Law and Public Safety.

"Division" means the Division of Consumer Affairs within the Department of Law and Public Safety.

"Individual" means a natural person.

"Internet" means the international computer network of both Federal and non-Federal interoperable packet switched data networks.

"Official information" means individual's name, address, date of birth or Social Security number.

"Person" means a natural person, partnership, corporation, company, trust, firm, business entity or association.

"Plain language" means language presented in a simple, clear, understandable and easily readable manner.

"Private entity" means an individual, corporation, company, partnership, firm, association, or other entity, other than a public entity.

"Public entity" means the State, any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State. For purposes of this chapter, public entity does not include the Federal government.

"Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

"Security freeze" means a notice placed in a consumer's consumer report, at the request of the consumer that, subject to certain exceptions as set forth in 56:11-46 (l), prohibits the consumer reporting agency from releasing the report or any information from it without the express authorization of the consumer, but does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report.