1. By Standard Number
  2. 1985.101 - Definitions.
  • Part Number:
    1985
  • Part Number Title:
    Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010
  • Subpart:
    1985 Subpart A
  • Subpart Title:
    Complaints, Investigations, Findings and Preliminary Orders
  • Standard Number:
  • Title:
    Definitions.
  • GPO Source:
    e-CFR

As used in this part:

1985.101(a)
Affiliate means any person that controls, is controlled by, or is under common control with another person.
1985.101(b)
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health or the person or persons to whom he or she delegates authority under CFPA.
1985.101(c)
Bureau means the Consumer Financial Protection Bureau.
1985.101(d)
Business days means days other than Saturdays, Sundays, and Federal holidays.
1985.101(e)
CFPA means Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376, 1955 (July 21, 2010) (codified at 12 U.S.C. 5567).
1985.101(f)
Complainant means the person who filed a CFPA complaint or on whose behalf a complaint was filed.
1985.101(g)
Consumer means an individual or an agent, trustee, or representative acting on behalf of an individual.
1985.101(h)
Consumer financial product or service means any financial product or service that is:
1985.101(h)(1)
Described in one or more categories in 12 U.S.C. 5481(15) and is offered or provided for use by consumers primarily for personal, family, or household purposes; or
1985.101(h)(2)
Described in clause (i), (iii), (ix), or (x) of 12 U.S.C. 5481(15)(A), and is delivered, offered, or provided in connection with a consumer financial product or service referred to in subparagraph (1).
1985.101(i)

Covered employee means any individual performing tasks related to the offering or provision of a consumer financial product or service. The term "covered employee" includes an individual presently or formerly working for, an individual applying to work for, or an individual whose employment could be affected by a covered person or service provider where such individual was performing tasks related to the offering or provision of a consumer financial product or service at the time that the individual engaged in protected activity under CFPA.

1985.101(j)
Covered person means -
1985.101(j)(1)
Any person that engages in offering or providing a consumer financial product or service, or
1985.101(j)(2)
Any affiliate of such a person if such affiliate acts as a service provider to such person, or
1985.101(k)
Federal consumer financial law means any law described in 12 U.S.C. 5481(14).
1985.101(l)
OSHA means the Occupational Safety and Health Administration of the United States Department of Labor.
1985.101(m)
Person means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.
1985.101(n)
Respondent means the person named in the complaint who is alleged to have violated the Act.
1985.101(o)
Secretary means the Secretary of Labor or person to whom authority under CFPA has been delegated.
1985.101(p)
Service provider means any person that provides a material service to a covered person in connection with the offering or provision by such covered person of a consumer financial product or service, including a person that-
1985.101(p)(1)
Participates in designing, operating, or maintaining the consumer financial product or service; or
1985.101(p)(2)
Processes transactions relating to the consumer financial product or service (other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferentiated from other types of data of the same form as the person transmits or processes);
1985.101(p)(3)

The term "service provider" does not include a person solely by virtue of such person offering or providing to a covered person:

1985.101(p)(3)(i)
A support service of a type provided to businesses generally or a similar ministerial service; or
1985.101(p)(3)(ii)
Time or space for an advertisement for a consumer financial product or service through print, newspaper, or electronic media.
1985.101(p)(4)
A person that is a service provider shall be deemed to be a covered person to the extent that such person engages in the offering or provision of its own consumer financial product or service.
1985.101(q)
Any future statutory amendments that affect the definition of a term or terms listed in this section will apply in lieu of the definition stated herein.

[79 FR 18639-18640, Apr. 3, 2014; 81 FR 14384, March 17, 2016]