43.01.020 Definitions

For purposes of this Code, the following definitions shall apply:

(a) "Code" means the Turtle Mountain Band of Chippewa Lending Code.

(b) "Commission" means the Turtle Mountain Band of Chippewa Lending Regulatory Commission.

(c) "Communication," for purposes of Section 6, means conveying information about a debt that is past due under the terms of a contract through any medium, including but not limited to autodial connection, the post, email, text, or voicemail.

(d) "Covered Loan" means (i) any loan originated or serviced by a Licensee, or (ii) any loan originated or serviced by a Tribal Entity or on Tribal Land.

(e) "General Public" includes any Person who is not: the debtor, a member of the debtor's household, a delivery agent (such as a courier, postal worker, internet service provider, or email exchange), or person appointed by any delivery agent to monitor deliveries.

(f) "Key Employee" means only the Chief Executive Officer, Chief Compliance Officer, Chief Finance Officer, or if such a position does not exist, any person acting in a similar capacity.

(g) "Lending Operation" means each operation that is owned by the Tribe or Tribal Entity that provides Covered Loans.

(h) "License" means formal permission granted by the Commission to a Licensee for the purpose of engaging in activities related to the marketing, origination, or servicing of Covered Loans.

(i) "Licensee" means any Person granted a License by the Commission under the provisions of this Code.

(j) "Loan Product" means a specific type of loan offered by a Lending Operation that is licensed by the Commission.

(k) "Person" means any individual, entity, firm, partnership, corporation, company, or association.

(l) "Personal Information" means information that is collected from an applicant for a Covered Loan by any Regulated Entity acting in connection with a Covered Loan. Personal Information received from a consumer reporting agency is not information collected from an applicant for a Covered Loan.

(m) "Regulated Entity" means any Person who is a Licensee or—

(1) any director, officer, or employee charged with managerial responsibility for, or agent for any Licensee;

(2) any consultant, joint venture partner, or person who materially participates in the conduct of the affairs of Licensees, including Service Providers for a Licensee; and

(3) any independent contractor who knowingly or recklessly participates in any (i) violation of any provision of law or regulation; or (ii) breach of any contract with a Licensee, or (iii) breach of a fiduciary duty.

(n) "Service Provider" means any Person who contracts for fees or a revenue-share with a Tribal Entity or Licensee to offer, underwrite, collect interest, payments, or principal on a Covered Loan and has the control and ability to possess monies collected from Covered Loans.

(o) "Tribal Consumer Protection Laws" means the substantive provisions of the enumerated consumer laws below and provisions under Part 3 of this Code:

(1) the Electronic Fund Transfer Act ("EFTA") (15 USC 1693 et seq.);

(2) the Equal Credit Opportunity Act (15 USC 1691 et seq.) and its implementing Regulation B (12 CFR Pt. 1002) (collectively "ECOA");

(3) the Fair and Accurate Credit Transactions Act (15 USC 1681m(e)) and its implementing Red Flags Rule (16 CFR 681.1) (collectively "Red Flags Rule");

(4) the Fair Credit Reporting Act (15 USC 1681 et seq.) and its implementing Regulation V, Subpart E (12 CFR 1022.40-1022.43) (collectively "FCRA");

(5) the Fair Debt Collection Practices Act (15 USC 1692 et seq.) ("FDCPA"), as modified by Section 6 of this Code;

(6) the Gramm-Leach-Bliley Act (15 USC 6802 et seq.) and its implementing Regulation P (12 CFR 1016) (collectively "GLBA"), as modified by Section 7 of this Code;

(7) the Servicemembers Civil Relief Act (50 USC 501 et seq.) ("SCRA");

(8) the Truth in Lending Act (15 USC 1601 et seq.) and its implementing Regulation Z (12 CFR Pt. 1026) (collectively "TILA"); and

(9) the Military Lending Act (10 USC 987) and its implementing DoD Regulation (32 CFR Pt. 232) (collectively "MLA").

(p) "Tribal Council" means the Turtle Mountain Band of Chippewa Tribal Council, the primary governing body of the Tribe.

(q) "Tribal Entity" means an arm of the Tribe formed under Tribal Law as an instrumentality, agency, unincorporated department or division, or business entity that is wholly owned by the Tribe or tribal subsidiaries.

(r) "Tribal Lands" means all lands within the jurisdiction of the Turtle Mountain Band of Chippewa Indian Reservation, and any lands title to which is either held in trust by the United States for the benefit of the Tribe or a member of the Tribe, or held by the United States for the benefit of the Tribe or member of the Tribe subject to restriction by the United States against alienation and over which the Tribe exercises governmental power. Tribal Lands further include tribal digital jurisdiction and sovereign authority over the data related to their citizens, businesses, and activities online, and that the collection, use, and application is subject to Tribal Law and Policies.

(s) "Tribal Law" means all laws of the Tribe, including this Code.

(t) "Tribe" means the Turtle Mountain Band of Chippewa.