02-030-350 Me. Code R. § 2

Current through 2024-51, December 18, 2024
Section 030-350-2 - DEFINITIONS AND EXCLUSIONS

As used in this Rule, unless the context otherwise indicates, the following terms have the following meanings:

A. "Credit services organization."
1. "Credit services organization" means any person who, with respect to the extension of consumer credit by others, provides or offers to provide, in return for the separate payment by the consumer of money or other valuable consideration, any of the following services:
(a) Improving a consumer's credit record, history or rating;
(b) Arranging for or obtaining an extension of credit for a consumer; or
(c) Providing advice or assistance to a consumer with respect to subparagraph (a) or (b).
2. "Credit services organization" does not include:
(a) A supervised financial organization as defined in Title 9-A M.R.S.A. §1 - 301, subsection 38;
(b) A supervised lender as defined in Title 9-A M.R.S.A. §1 - 301, subsection 39;
(c) A person licensed by the Real Estate Commission;
(d) A person currently admitted to the practice of law in this State;
(e) Any nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(C)(3); or
(f) A consumer reporting agency, as defined in the Maine Fair Credit Reporting Act, Title 10, chapter 210.
B. "Bona fide 3rd-party fee" means a verifiable fee paid to a 3rd party for a credit report, appraisal, investigation, title examination or survey. No other fees shall be considered bona fide 3rd-party fees. In addition, no fee shall be considered a bona fide 3rd-party if it is paid to an entity with which the credit services organization shares a cross-ownership or a common financial interest.
C. "Administrator" means the Superintendent of Consumer Credit Protection or, if the Superintendent so designates pursuant to 9-A M.R.S.A. §6 - 104 -A, the Deputy Superintendent of the Bureau of Consumer Credit Protection.
D. "Bureau" means the Bureau of Consumer Credit Protection.

02-030 C.M.R. ch. 350, § 2