§ 5701 Short title; findings
Subchapter I Regulation of Unfair and Deceptive Acts and Practices in Connection With Pay-Per-Call Services
Subchapter II Billing and Collection

Terms Used In U.S. Code > Title 15 > Chapter 83 - Telephone Disclosure and Dispute Resolution

  • Advisory board: means a board, whether elected or appointed, which is distinct from the board of directors or board of trustees, of an investment company, and which is composed solely of persons who do not serve such company in any other capacity, whether or not the functions of such board are such as to render its members "directors" within the definition of that term, which board has advisory functions as to investments but has no power to determine that any security or other investment shall be purchased or sold by such company. See 15 USC 80a-2
  • Affiliated company: means a company which is an affiliated person. See 15 USC 80a-2
  • Balanced budget: A budget in which receipts equal outlays.
  • Bank: means (A) a depository institution (as defined in section 1813 of title 12) or a branch or agency of a foreign bank (as such terms are defined in section 3101 of title 12), (B) a member bank of the Federal Reserve System, (C) any other banking institution or trust company, whether incorporated or not, doing business under the laws of any State or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks under the authority of the Comptroller of the Currency, and which is supervised and examined by State or Federal authority having supervision over banks, and which is not operated for the purpose of evading the provisions of this subchapter, and (D) a receiver, conservator, or other liquidating agent of any institution or firm included in clauses (A), (B), or (C) of this paragraph. See 15 USC 80a-2
  • Bequest: Property gifted by will.
  • billing error: consists of any of the following:

    (A) A reflection on a billing statement for a telephone-billed purchase which was not made by the customer or, if made, was not in the amount reflected on such statement. See 15 USC 5724

  • borrow: includes a sale coupled with a similar agreement. See 15 USC 80a-2
  • Business development company: means any closed-end company which&mdash. See 15 USC 80a-2
  • capital cost: includes interest during construction, wherever appropriate. See 16 USC 460l-21
  • charitable lead trust: means a trust described in section 170(f)(2)(B), 2055(e)(2)(B), or 2522(c)(2)(B) of title 26. See 15 USC 80a-3
  • charitable organization: means an organization described in paragraphs (1) through (5) of section 170(c) or section 501(c)(3) of title 26. See 15 USC 80a-3
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Commission: means the Securities and Exchange Commission. See 15 USC 77ccc
  • Commission: means the International Pacific Halibut Commission provided for by article III of the Convention. See 16 USC 773
  • Commission: means the Securities and Exchange Commission. See 15 USC 80a-2
  • Commission: means the Federal Trade Commission. See 15 USC 5724
  • Company: means a corporation, a partnership, an association, a joint-stock company, a trust, a fund, or any organized group of persons whether incorporated or not. See 15 USC 80a-2
  • Control: means the power to exercise a controlling influence over the management or policies of a company, unless such power is solely the result of an official position with such company. See 15 USC 80a-2
  • Convention: means the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March 2, 1953, as amended by the Protocol Amending the Convention, signed at Washington March 29, 1979, and includes the regulations promulgated thereunder. See 16 USC 773
  • Convention waters: means the maritime areas off the west coast of the United States and Canada described in article I of the Convention. See 16 USC 773
  • Convicted: includes a verdict, judgment, or plea of guilty, or a finding of guilt on a plea of nolo contendere, if such verdict, judgment, plea, or finding has not been reversed, set aside, or withdrawn, whether or not sentence has been imposed. See 15 USC 80a-2
  • customer: means any person who acquires or attempts to acquire goods or services in a telephone-billed purchase. See 15 USC 5724
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Director: means any director of a corporation or any person performing similar functions with respect to any organization, whether incorporated or unincorporated, including any natural person who is a member of a board of trustees of a management company created as a common-law trust. See 15 USC 80a-2
  • Eligible portfolio company: means any issuer which&mdash. See 15 USC 80a-2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Exchange: means any organization, association, or group of persons, whether incorporated or unincorporated, which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange. See 15 USC 80a-2
  • executive officer: means the president, every vice president, every trust officer, the cashier, the secretary, and the treasurer of a corporation, and any individual customarily performing similar functions with respect to any organization whether incorporated or unincorporated, but shall not include the chairman of the board of directors. See 15 USC 77ccc
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Face-amount certificate: means any certificate, investment contract, or other security which represents an obligation on the part of its issuer to pay a stated or determinable sum or sums at a fixed or determinable date or dates more than twenty-four months after the date of issuance, in consideration of the payment of periodic installments of a stated or determinable amount (which security shall be known as a face-amount certificate of the "installment type"). See 15 USC 80a-2
  • feasibility report: shall mean any report of the scope required by the Congress when formally considering authorization of the project of which the report treats. See 16 USC 460l-21
  • Fishery conservation zone: means the fishery conservation zone of the United States established by section 1811 1 of this title. See 16 USC 773
  • Fishing vessel: means &mdash. See 16 USC 773
  • Foreign financial regulatory authority: means any (A) foreign securities authority, (B) other governmental body or foreign equivalent of a self-regulatory organization empowered by a foreign government to administer or enforce its laws relating to the regulation of fiduciaries, trusts, commercial lending, insurance, trading in contracts of sale of a commodity for future delivery, or other instruments traded on or subject to the rules of a contract market, board of trade or foreign equivalent, or other financial activities, or (C) membership organization a function of which is to regulate the participation of its members in activities listed above. See 15 USC 80a-2
  • Foreign securities authority: means any foreign government or any governmental body or regulatory organization empowered by a foreign government to administer or enforce its laws as they relate to securities matters. See 15 USC 80a-2
  • Halibut: means fish of the species Hippoglossus stenolepis inhabiting Convention waters. See 16 USC 773
  • indenture: means any mortgage, deed of trust, trust or other indenture, or similar instrument or agreement (including any supplement or amendment to any of the foregoing), under which securities are outstanding or are to be issued, whether or not any property, real or personal, is, or is to be, pledged, mortgaged, assigned, or conveyed thereunder. See 15 USC 77ccc
  • indenture security: means any security issued or issuable under the indenture to be qualified. See 15 USC 77ccc
  • indenture to be qualified: means (A) the indenture under which there has been or is to be issued a security in respect of which a particular registration statement has been filed, or (B) the indenture in respect of which a particular application has been filed. See 15 USC 77ccc
  • indenture trustee: means each trustee under the indenture to be qualified, and each successor trustee. See 15 USC 77ccc
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Insurance company: means a company which is organized as an insurance company, whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and which is subject to supervision by the insurance commissioner or a similar official or agency of a State. See 15 USC 80a-2
  • Interstate commerce: means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State, or between any State and any place or ship outside thereof. See 15 USC 80a-2
  • Investment banker: means any person engaged in the business of underwriting securities issued by other persons, but does not include an investment company, any person who acts as an underwriter in isolated transactions but not as a part of a regular business, or any person solely by reason of the fact that such person is an underwriter for one or more investment companies. See 15 USC 80a-2
  • investment company: means any issuer which&mdash. See 15 USC 80a-3
  • investment securities: includes all securities except (A) Government securities, (B) securities issued by employees' securities companies, and (C) securities issued by majority-owned subsidiaries of the owner which (i) are not investment companies, and (ii) are not relying on the exception from the definition of investment company in paragraph (1) or (7) of subsection (c). See 15 USC 80a-3
  • Issuer: means every person who issues or proposes to issue any security, or has outstanding any security which it has issued. See 15 USC 80a-2
  • Lend: includes a purchase coupled with an agreement by the vendor to repurchase. See 15 USC 80a-2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • market intermediary: means any person that regularly holds itself out as being willing contemporaneously to engage in, and that is regularly engaged in, the business of entering into transactions on both sides of the market for a financial contract or one or more such financial contracts. See 15 USC 80a-3
  • Means or instrumentality of interstate commerce: includes any facility of a national securities exchange. See 15 USC 80a-2
  • member of the immediate family: means any parent, spouse of a parent, child, spouse of a child, spouse, brother, or sister, and includes step and adoptive relationships. See 15 USC 80a-2
  • National securities exchange: means an exchange registered under section 6 of the Securities Exchange Act of 1934 [15 U. See 15 USC 80a-2
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • obligor: when used with respect to any such indenture security, means every person (including a guarantor) who is liable thereon, and, if such security is a certificate of interest or participation, such term means also every person (including a guarantor) who is liable upon the security or securities in which such certificate evidences an interest or participation. See 15 USC 77ccc
  • offer for sale: includes every contract of sale or disposition of, attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. See 15 USC 80a-2
  • paid or accrued: shall be construed according to the method of accounting upon the basis of which the taxable income is computed under subtitle A. See 26 USC 7701
  • paying agent: when used with respect to any such indenture security, means any person authorized by an obligor thereon (A) to pay the principal of or interest on such security on behalf of such obligor, or (B) if such security is a certificate of interest or participation, equipment trust certificate, or like security, to make such payment on behalf of the trustee. See 15 USC 77ccc
  • Periodic payment plan certificate: means (A) any certificate, investment contract, or other security providing for a series of periodic payments by the holder, and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of such payments, and (B) any security the issuer of which is also issuing securities of the character described in clause (A) of this paragraph and the holder of which has substantially the same rights and privileges as those which holders of securities of the character described in said clause (A) have upon completing the periodic payments for which such securities provide. See 15 USC 80a-2
  • Person: means a natural person or a company. See 15 USC 80a-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • possession: includes , among other possessions, Puerto Rico and the Virgin Islands. See 42 USC 201
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • project: shall mean a project or any appropriate unit thereof. See 16 USC 460l-21
  • prospectus: means a prospectus as defined in the Securities Act of 1933 [15 U. See 15 USC 80a-2
  • providing carrier: means a local exchange or interexchange common carrier providing telephone services (other than local exchange services) to a vendor for a telephone-billed purchase that is the subject of a billing error complaint. See 15 USC 5724
  • Qualified purchaser: means &mdash. See 15 USC 80a-2
  • Redeemable security: means any security, other than short-term paper, under the terms of which the holder, upon its presentation to the issuer or to a person designated by the issuer, is entitled (whether absolutely or only out of surplus) to receive approximately his proportionate share of the issuer's current net assets, or the cash equivalent thereof. See 15 USC 80a-2
  • Reorganization: means (A) a reorganization under the supervision of a court of competent jurisdiction. See 15 USC 80a-2
  • sales load: includes the sales load on any investment company securities in which the payments made on such certificate are invested, as well as the sales load on the certificate itself. See 15 USC 80a-2
  • Savings and loan association: means a savings and loan association, building and loan association, cooperative bank, homestead association, or similar institution, which is supervised and examined by State or Federal authority having supervision over any such institution, and a receiver, conservator, or other liquidating agent of any such institution. See 15 USC 80a-2
  • Secretary: means the Secretary of Commerce. See 16 USC 773
  • Secretary: means the Secretary of Health and Human Services. See 42 USC 201
  • Security: means any note, stock, treasury stock, security future, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security (including a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a "security" or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. See 15 USC 80a-2
  • Separate account: means an account established and maintained by an insurance company pursuant to the laws of any State or territory of the United States, or of Canada or any province thereof, under which income, gains and losses, whether or not realized, from assets allocated to such account, are, in accordance with the applicable contract, credited to or charged against such account without regard to other income, gains, or losses of the insurance company. See 15 USC 80a-2
  • Service: means the Public Health Service. See 42 USC 201
  • Service of process: The service of writs or summonses to the appropriate party.
  • Short-term paper: means any note, draft, bill of exchange, or banker's acceptance payable on demand or having a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renewal thereof payable on demand or having a maturity likewise limited. See 15 USC 80a-2
  • State: means any State of the United States. See 15 USC 77ccc
  • State: means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any other possession of the United States. See 15 USC 80a-2
  • State: includes , in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. See 42 USC 201
  • subscription: includes a mark when the person making the same intended it as such. See 1 USC 1
  • telephone-billed purchase: means any purchase that is completed solely as a consequence of the completion of the call or a subsequent dialing, touch tone entry, or comparable action of the caller. See 15 USC 5724
  • Testify: Answer questions in court.
  • Underwriter: means any person who has purchased from an issuer with a view to, or sells for an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking. See 15 USC 80a-2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • vendor: means any person who, through the use of the telephone, offers goods or services for a telephone-billed purchase. See 15 USC 5724
  • venture capital fund: has the meaning given the term in section 275. See 15 USC 80a-3
  • Verdict: The decision of a petit jury or a judge.
  • violation: includes without limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. See 12 USC 2271
  • Voting security: means any security presently entitling the owner or holder thereof to vote for the election of directors of a company. See 15 USC 80a-2