15 U.S.C. § 6809

Definitions

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As used in this subchapter:(1) Federal banking agency

The term “Federal banking agency” has the same meaning as given in section 1813 of title 12.

(2) Federal functional regulatorThe term “Federal functional regulator” means—(A) the Board of Governors of the Federal Reserve System;(B) the Office of the Comptroller of the Currency;(C) the Board of Directors of the Federal Deposit Insurance Corporation;(D) the Director of the Office of Thrift Supervision;(E) the National Credit Union Administration Board; and(F) the Securities and Exchange Commission.(3) Financial institution(A) In general

The term “financial institution” means any institution the business of which is engaging in financial activities as described in section 1843(k) of title 12.

(B) Persons subject to CFTC regulation

Notwithstanding subparagraph (A), the term “financial institution” does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act [7 U.S.C. 1 et seq.].

Notwithstanding subparagraph (A), the term “financial institution” does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [12 U.S.C. 2001 et seq.].

(D) Other secondary market institutions

Notwithstanding subparagraph (A), the term “financial institution” does not include institutions chartered by Congress specifically to engage in transactions described in section 6802(e)(1)(C) of this title, as long as such institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party.

(4) Nonpublic personal information(A) The term “nonpublic personal information” means personally identifiable financial information—(i) provided by a consumer to a financial institution;(ii) resulting from any transaction with the consumer or any service performed for the consumer; or(iii) otherwise obtained by the financial institution.(B) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title.(C) Notwithstanding subparagraph (B), such term—(i) shall include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived using any nonpublic personal information other than publicly available information; but(ii) shall not include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived without using any nonpublic personal information.(5) Nonaffiliated third party

The term “nonaffiliated third party” means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.

(6) Affiliate

The term “affiliate” means any company that controls, is controlled by, or is under common control with another company.

(7) Necessary to effect, administer, or enforceThe term “as necessary to effect, administer, or enforce the transaction” means—(A) the disclosure is required, or is a usual, appropriate, or acceptable method, to carry out the transaction or the product or service business of which the transaction is a part, and record or service or maintain the consumer’s account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes—(i) providing the consumer or the consumer’s agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product; and(ii) the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or any other party;(B) the disclosure is required, or is one of the lawful or appropriate methods, to enforce the rights of the financial institution or of other persons engaged in carrying out the financial transaction, or providing the product or service;(C) the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the consumer’s request or for reinsurance purposes, or for any of the following purposes as they relate to a consumer’s insurance: Account administration, reporting, investigating, or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects, or as otherwise required or specifically permitted by Federal or State law; or(D) the disclosure is required, or is a usual, appropriate or acceptable method, in connection with—(i) the authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or account number, or by other payment means;(ii) the transfer of receivables, accounts or interests therein; or(iii) the audit of debit, credit or other payment information.(8) State insurance authority

The term “State insurance authority” means, in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled.

(9) Consumer

The term “consumer” means an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.

(10) Joint agreement

The term “joint agreement” means a formal written contract pursuant to which two or more financial institutions jointly offer, endorse, or sponsor a financial product or service, and as may be further defined in the regulations prescribed under section 6804 of this title.

(11) Customer relationship

The term “time of establishing a customer relationship” shall be defined by the regulations prescribed under section 6804 of this title, and shall, in the case of a financial institution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer.

(Pub. L. 106–102, title V, § 509, Nov. 12, 1999, 113 Stat. 1443.)Editorial NotesReferences in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1436, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables.

The Commodity Exchange Act, referred to in par. (3)(B), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables.

The Farm Credit Act of 1971, referred to in par. (3)(C), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.

Notes of Decisions

Cited in 53 cases (20 in the last 5 years), 2001–2026 · leading case: Individual Reference Servs. Grp., Inc. v. Fed. Trade Comm'n, 145 F. Supp. 2d 6 (D.D.C. 2001).

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Individual Reference Servs. Grp., Inc. v. Fed. Trade Comm'n, 145 F. Supp. 2d 6 (D.D.C. 2001). · cites it 10× “” 15 U.S.C. § 6809 (4). The GLB Act does not, however, define the term “personally identifiable financial information.”

Ameriquest Mortg. Co. v. Off. of the Attorney Gen., 170 Wash. 2d 418 (Wash. 2010). · cites it 8× “” 15 U.S.C. § 6809 (6) (emphasis added); 16 C.”

Ameriquest Mortg. v. Off. of Atty. Gen., 241 P.3d 1245 (Wash. 2010). · cites it 8× “A "[ c ] ompany, " in turn, is a "corporation, limited liability company, business trust, general or limited partnership, association, or similar organization." 16 C.F.R. § 313.”

Ameriquest Mortg. Co. v. Off. of Attorney Gen., 300 P.3d 799 (Wash. 2013). · cites it 4× “” 15 U.S.C. § 6809 (5). ¶19 Several exceptions apply to this prohibition, including one that allows disclosure “to comply with Federal, State, or local laws, rules, and other applicable requirements” or “to comply with a properly authorized, civil, criminal, or regulatory…”

In Re Nickelodeon Consum. Privacy Litig., 827 F.3d 262 (3rd Cir. 2016). “15 U.S.C. § 6809 (4). 153 . 20 U.S.C. § 1232g; see also 34 C.”

Trans Union LLC v. Fed. Trade Comm'n, 295 F.3d 42 (D.C. Cir. 2002). · cites it 3× “” See 15 U.S.C. § 6809 (4)(B) (term “nonpublic personal information” “does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title”).”

Bank of New York v. Bell, 993 A.2d 1022 (Conn. App. Ct. 2010). · cites it 6× “" 15 U.S.C. § 6809 (3)(A). [22] "Nonpublic personal information" is defined as personally identifiable financial information provided by a consumer to a financial institution, resulting from any transaction with the consumer or any service performed for the consumer or otherwise…”

Frank LLP v. Consum. Fin. Prot. Bureau, 288 F. Supp. 3d 46 (D.C. Cir. 2017). · cites it 2× “Moreover, several other statutes regulating "financial institutions" expressly define the term to include debt-collecting entities like Encore.”

New York State Bar Ass'n v. Fed. Trade Comm'n, 276 F. Supp. 2d 110 (D.D.C. 2003). · cites it 2× “” 7 15 U.S.C. § 6809 (3)(A). Thus, for the GLBA to be applicable to attorneys, the Court must first determine whether an attorney is considered an institution and, if so, whether attorneys are in “the business of .”

Am. Bar Ass'n v. Fed. Trade Comm'n, 430 F.3d 457 (D.C. Cir. 2005). “” 15 U.S.C. § 6809 (3)(A). An attorney, or even a law firm, does not fit very neatly into the niche of a “financial institution.”

Elaine L. Chao, Sec'y of Labor, United States Dep't of Labor v. Cmty. Trust Co., 474 F.3d 75 (3rd Cir. 2007). · cites it 2× “15 U.S.C. § 6809 (4)(A). If section 6802 applies to REAL VEBA, then CTC, as a financial institution, is prohibited from releasing any of the subpoenaed information, other than the REAL VEBA plan documents, to the Secretary, a nonaffiliated third party, unless an exception…”

FDIC v. Daniel Belcher, 978 F.3d 959 (5th Cir. 2020). · cites it 3× “Because subsection (II) expressly incorporates the definition of a Federal functional regulator from 15 U.S.C. § 6809 , we turn now to subsection (2) of that statute, which provides: The term “Federal functional regulator” means— (A) the Board of Governors of the Federal Reserve…”

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