Page:United States Statutes at Large Volume 124.djvu/1985

 124 STAT. 1959 PUBLIC LAW 111–203—JULY 21, 2010 (I) is a merchant, retailer, or seller of any nonfinancial good or service who engages in finan- cial data processing by transmitting or storing pay- ments data about a consumer exclusively for pur- pose of initiating payments instructions by the consumer to pay such person for the purchase of, or to complete a commercial transaction for, such nonfinancial good or service sold directly by such person to the consumer; or (II) provides access to a host server to a person for purposes of enabling that person to establish and maintain a website; (viii) providing financial advisory services (other than services relating to securities provided by a person regulated by the Commission or a person regulated by a State securities Commission, but only to the extent that such person acts in a regulated capacity) to con- sumers on individual financial matters or relating to proprietary financial products or services (other than by publishing any bona fide newspaper, news maga- zine, or business or financial publication of general and regular circulation, including publishing market data, news, or data analytics or investment information or recommendations that are not tailored to the indi- vidual needs of a particular consumer), including— (I) providing credit counseling to any con- sumer; and (II) providing services to assist a consumer with debt management or debt settlement, modi- fying the terms of any extension of credit, or avoiding foreclosure; (ix) collecting, analyzing, maintaining, or providing consumer report information or other account informa- tion, including information relating to the credit history of consumers, used or expected to be used in connection with any decision regarding the offering or provision of a consumer financial product or service, except to the extent that— (I) a person— (aa) collects, analyzes, or maintains information that relates solely to the trans- actions between a consumer and such person; (bb) provides the information described in item (aa) to an affiliate of such person; or (cc) provides information that is used or expected to be used solely in any decision regarding the offering or provision of a product or service that is not a consumer financial product or service, including a decision for employment, government licensing, or a resi- dential lease or tenancy involving a consumer; and (II) the information described in subclause (I)(aa) is not used by such person or affiliate in connection with any decision regarding the offering or provision of a consumer financial product or