Sections
Article 1 Computer Spyware 18-501 – 18-504
Article 2 Government Anti-Identification Procedures 18-521 – 18-522
Article 3 Internet Representations 18-541 – 18-544
Article 4 Data Security Breaches 18-551 – 18-552

Terms Used In Arizona Laws > Title 18 > Chapter 5

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Clerical or support duties: means duties subsequent to the receipt of a residential mortgage loan application, including both of the following:

    (a) The receipt, collection, distribution and analysis of information common for the processing or underwriting of a residential mortgage loan. See Arizona Laws 6-991

  • Commercial mortgage banker: means a person who engages in the following:

    (a) Originating commercial mortgage loans. See Arizona Laws 6-971

  • Commercial mortgage loan: means a loan that is directly or indirectly secured by a mortgage or deed of trust or any lien interest on commercial property and created with the consent of the owner of the commercial property. See Arizona Laws 6-971
  • Compensation: means anything of value or any benefit including points, commissions, bonuses, referral fees, loan origination fees and other similar fees but excluding periodic interest resulting from the application of the note rate of interest to the outstanding principal balance remaining unpaid from time to time. See Arizona Laws 6-971
  • Computer software: means a sequence of instructions that is written in any programming language and that is executed on a computer and does not include a web page or data components of web pages that are not executable independently of the web page. See Arizona Laws 18-501
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the supreme court, the court of appeals, the superior court, a court that is inferior to the superior court and a justice court. See Arizona Laws 18-551
  • Damage: means any significant impairment to the integrity or availability of data, computer software, a system or information. See Arizona Laws 18-501
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Electronic mail message: means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an internet domain, whether or not displayed, and to which an electronic mail message can be sent or delivered. See Arizona Laws 18-541
  • Enterprise: means any person under the jurisdiction of the department other than a financial institution. See Arizona Laws 6-101
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Federal banking agency: means the board of governors of the federal reserve system, the comptroller of the currency, the director of the office of thrift supervision, the national credit union administration or the federal deposit insurance corporation. See Arizona Laws 6-991
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Governmental agency: means :

    (a) Any board, commission, department or other administrative unit of this state established by the Constitution of Arizona or by enactment of the legislature and includes the legislature, the courts and the governor. See Arizona Laws 18-521

  • Identifying information: means an individual's piece of information that can be used to access an individual's financial accounts or to obtain goods or services and that includes an individual's:

    (a) Social security number. See Arizona Laws 18-541

  • Individual: means a resident of this state who has a principal mailing address in this state as reflected in the records of the person conducting business in this state at the time of the breach. See Arizona Laws 18-551
  • Intentionally deceptive: means any of the following:

    (a) By means of an intentionally and materially false or fraudulent statement. See Arizona Laws 18-501

  • Internet: means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, and that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other internet protocol compatible protocols, and that provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this paragraph. See Arizona Laws 18-501
  • Internet: means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that employ the transmission control protocol or internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. See Arizona Laws 18-541
  • Judgment: means either:

    (a) A final judgment in a court of competent jurisdiction. See Arizona Laws 6-991

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a license issued under this article. See Arizona Laws 6-991
  • Licensee: means a person who is licensed under this article. See Arizona Laws 6-971
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person who is licensed or who is exempt from licensure under article 1 or 2 of this chapter. See Arizona Laws 6-991
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage broker: means a person who is licensed pursuant to article 1 of this chapter. See Arizona Laws 6-991
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National credit union administration: includes any successor to the organization or other agency or instrumentality of the United States that undertakes to discharge the purposes of the organization. See Arizona Laws 6-101
  • Owner or operator: means the owner or lessee of a computer or someone using the computer with the owner's or lessee's authorization. See Arizona Laws 18-501
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, corporation, limited liability company or other organization or any combination of these entities. See Arizona Laws 18-501
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Personally identifiable information: means any of the following with respect to an individual who is an owner or operator of a computer:

    (a) First name or first initial in combination with last name. See Arizona Laws 18-501

  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecution agency: means the attorney general, a county attorney or a municipal prosecutor. See Arizona Laws 18-551
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • residential mortgage loan: means a loan for personal family or household use that is secured by a mortgage, deed of trust or other equivalent consensual security interest on a dwelling, as defined in the truth in lending act (15 United States Code section 1602(v)), or residential real estate on which a dwelling is constructed or intended to be constructed. See Arizona Laws 6-991
  • Residential real estate: means any property that is located in this state and on which a dwelling is constructed or intended to be constructed. See Arizona Laws 6-991
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Security incident: means an event that creates reasonable suspicion that a person's information systems or computerized data may have been compromised or that measures put in place to protect the person's information systems or computerized data may have failed. See Arizona Laws 18-551
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Transmit: means to transfer, send or make available computer software, or any component of computer software, via the internet or any other medium, including local area networks of computers, any other nonwire transmission and a disk or other data storage device. See Arizona Laws 18-501
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unique identifier: means the number assigned to the loan originator by the nationwide mortgage licensing system and registry or its successor or as the term is used under the secure and fair enforcement for mortgage licensing act of 2008 (P. See Arizona Laws 6-991
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Web page: means a location with respect to the worldwide web that has a single uniform resource locator or other single location with respect to the internet. See Arizona Laws 18-541