§ 104 — Definitions

§ 104. Definitions. (a) In this chapter, unless the context otherwise\nrequires:\n (1) "Department" shall mean the department of financial services.\n (2) "Financial product or service" shall mean: (A) any financial\nproduct or financial service offered or provided by any person regulated\nor required to be regulated by the superintendent pursuant to the\nbanking law or the insurance law or any financial product or service\noffered or sold to consumers except financial products or services: (i)\nregulated under the exclusive jurisdiction of a federal agency or\nauthority, (ii) regulated for the purpose of consumer or investor\nprotection by any other state agency, state department or state public\nauthority, or (iii) where rules or regulations promulgated by the\nsuperintendent on such financial product or service would be preempted\nby federal law; and\n (B) "Financial product or service" shall also not include the\nfollowing, when offered or provided by a provider of consumer goods or\nservices: (i) the extension of credit directly to a consumer\nexclusively for the purpose of enabling that consumer to purchase such\nconsumer good or service directly from the seller, (ii) the collection\nof debt arising from such credit, or (iii) the sale or conveyance of\nsuch debt that is delinquent or otherwise in default.\n (2-a) A "financial product or service regulated for the purpose of\nconsumer or investor protection": (A) shall include (i) any product or\nservice for which registration or licensing is required or for which the\nofferor or provider is required to be registered or licensed by state\nlaw, (ii) any product or service as to which provisions for consumer or\ninvestor protection are specifically set forth for such product or\nservice by state statute or regulation and (iii) securities, commodities\nand real property subject to the provisions of article twenty-three-a of\nthe general business law, and (B) shall not include products or services\nsolely subject to other general laws or regulations for the protection\nof consumers or investors.\n (3) "Person" shall mean any individual, partnership, corporation,\nassociation or any other entity.\n (4) "Regulated person" or "person regulated" shall mean any person (A)\noperating under or required to operate under a license, registration,\ncertificate or authorization under the insurance law or the banking law,\n(B) authorized, accredited, chartered or incorporated or possessing or\nrequired to possess other similar status under the insurance law or the\nbanking law, or (C) regulated by the superintendent pursuant to this\nchapter.\n (5) "Superintendent" shall mean the superintendent of financial\nservices of this state.\n (b) Whenever the terms "include", "including" or terms of similar\nimport appear in this chapter, unless the context requires otherwise,\nsuch terms shall not be construed to imply the exclusion of any person,\nclass or thing not specifically included.\n (c) A reference in this chapter to any other law or statute of this\nstate, or of any other jurisdiction, means such law or statute as\namended to the effective date of this chapter, and unless the context\notherwise requires, as amended thereafter.\n