Current through Chapter 381 of the 2024 Legislative Session
Section 358-C:1 - Definitions In this chapter:
I. "Consumer" means a natural person who seeks or acquires, or is offered property, services or credit for personal, family or household purposes. II. "Consumer credit transaction" means a transaction between a creditor and a consumer in which real or personal property, services, money or a form of money is acquired on credit and the consumer's obligation is payable in 4 or more installments or for which credit a finance charge is or may be imposed. The term includes consumer credit sales, consumer loans, consumer leases of personal property and transactions pursuant to a seller or lender credit card, but shall not include leases of real property.III. "Consumer transaction" means a transaction between a consumer and a person who sells, leases or provides property, services or credit to consumers. The term shall not include leases of real property.IV. "Creditor" means a person who in the ordinary course of business engages in consumer credit transactions with consumers.V. "Credit" means the right granted by a person to a consumer to defer payment of a debt, to incur debt and defer its payment, or purchase property or services and defer payment therefor.VI. "Debt" means any obligation or alleged obligation arising out of a consumer transaction. VII. "Debtor" means a person who owes or allegedly owes an obligation arising out of a consumer transaction. VIII. "Debt collector" means: (a) Any person who by any direct or indirect action, conduct or practice enforces or attempts to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer credit transaction; or(b) Any person who, for any fee, commission or charge other than wages or salary, engages in any direct or indirect action, conduct or practice to enforce or attempt to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction; or(c) Any person who, pursuant to an assignment, sale or transfer of a claim against a consumer, engages in any direct or indirect action, conduct or practice to enforce an obligation that is owed or due, or alleged to be owed or due, by a consumer as a result of a consumer transaction.IX. "Finance charge" means a charge such as interest, fees, service charges, discounts and other charges associated with the extension of credit.X. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity.1975, 437:1, eff. Aug. 18, 1975.