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Terms Used In Michigan Laws > Chapter 445 > Act 229 of 2013 - Security Freeze Act

  • Arrest: Taking physical custody of a person by lawful authority.
  • Consumer: means an individual who resides in this state. See Michigan Laws 445.2512
  • Consumer reporting agency: means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports. See Michigan Laws 445.2512
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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 family division of circuit court. See Michigan Laws 712A.1
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit report: means any written, oral, or other communication of any information by a consumer reporting agency that is related to a consumer's creditworthiness, credit standing, or credit capacity, and is issued or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit. See Michigan Laws 445.2512
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 257.2102
  • Department: means the department of health and human services. See Michigan Laws 712A.1
  • Dispatch system: means any hardware, software, mobile device, or online-enabled application used by a limousine carrier or a taxicab carrier to connect limousine drivers or taxicab drivers to potential passengers. See Michigan Laws 257.2102
  • Dispatch system provider: means a person operating in this state that uses any device, method, means, or arrangement, including a dispatch system, to connect potential passengers with a limousine carrier, taxicab carrier, limousine driver, or taxicab driver. See Michigan Laws 257.2102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • File: means all of the information about a consumer that is recorded and retained by a consumer reporting agency regardless of how the information is stored. See Michigan Laws 445.2512
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • 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.
  • juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • Limousine: means a self-propelled motor vehicle used in the carrying of passengers and the baggage of the passengers for hire with a seating capacity of 8 passengers or fewer, including the driver. See Michigan Laws 257.2102
  • Limousine carrier: means a person who, either directly or through any device, dispatch system, or arrangement, holds himself or herself out to the public as willing to transport passengers for hire by limousine. See Michigan Laws 257.2102
  • Limousine driver: means an individual who uses a limousine to provide transportation services to potential passengers. See Michigan Laws 257.2102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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 an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 257.2102
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal vehicle: means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is used by a transportation network company driver that satisfies both of the following:
  (i) The vehicle is owned, leased, or otherwise authorized for use by the transportation network company driver. See Michigan Laws 257.2102
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected consumer: means either of the following:
    •   (i) An individual who is under 16 years of age at the time a request for the placement of a security freeze is made. See Michigan Laws 445.2512
  • Record: means a compilation of information that meets all of the following:
    •   (i) Identifies a protected consumer. See Michigan Laws 445.2512
  • Representative: means an individual who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Michigan Laws 445.2512
  • Security freeze: means a restriction placed on a consumer's credit report at the request of the consumer that prohibits a consumer reporting agency from releasing the consumer's credit report or any information derived from the consumer's credit report without the express authorization of or on behalf of the consumer. See Michigan Laws 445.2512
  • Security freeze for a protected consumer: means any of the following:
    •   (i) If a consumer reporting agency does not have a file pertaining to a protected consumer, a security freeze that meets both of the following:
      (A) Is placed on the protected consumer's record under this
      act. See Michigan Laws 445.2512
  • Serious misdemeanor: means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780. See Michigan Laws 712A.1
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Subpoena: A command to a witness to appear and give testimony.
  • Sufficient proof of authority: means documentation that shows that a representative has authority to act on behalf of a protected consumer, including, but not limited to, any of the following:
    •   (i) An order issued by a court of law. See Michigan Laws 445.2512
  • Sufficient proof of identification: means information or documentation that identifies a consumer, a protected consumer, or a representative of a protected consumer, including, but not limited to, any of the following:
    •   (i) A social security number or a copy of a social security card issued by the social security administration. See Michigan Laws 445.2512
  • Taxicab: means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is equipped with a roof light and that carries passengers for a fee usually determined by the distance traveled. See Michigan Laws 257.2102
  • Taxicab carrier: means a person who, either directly or through any device, dispatch system, or arrangement, holds himself or herself out to the public as willing to transport passengers for hire by taxicab. See Michigan Laws 257.2102
  • Taxicab driver: means an individual who uses a taxicab to provide transportation services to potential passengers. See Michigan Laws 257.2102
  • Transportation network company: means a person operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide transportation network company prearranged rides. See Michigan Laws 257.2102
  • Transportation network company driver: means an individual who satisfies all of the following:
    •   (i) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company. See Michigan Laws 257.2102
  • Transportation network company prearranged ride: means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a transportation network company driver accepts a ride requested by a transportation network company rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports the requesting transportation network company rider, and ending when the last requesting transportation network company rider departs from the personal vehicle. See Michigan Laws 257.2102
  • Transportation network company rider: means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a transportation network company prearranged ride to the transportation network company rider in the transportation network company driver's personal vehicle between points chosen by the transportation network company rider. See Michigan Laws 257.2102
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o