The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Affiliate.” Any of the following:

“Agreement.” An agreement between a provider and an individual for the performance of debt settlement services.

“Bank.” A financial institution, including a commercial bank, savings bank, savings and loan association, credit union, bank and trust company, engaged in the business of banking, chartered under Federal or State law and regulated by a Federal or State banking regulatory authority.

“Commission.” The Banking and Securities Commission.

“Concessions.” Assent to repayment of a debt on terms more favorable to an individual than the terms of the contract between the individual and a creditor.

“Debt settlement services.” Services as an intermediary between an individual and one or more unsecured creditors of the individual for the purpose of obtaining concessions where the contemplated concessions involve a reduction in principal of the individual's unsecured debt owed for personal, family or household expenses to at least one creditor. The term does not include:

“Department.” The Department of Banking and Securities of the Commonwealth.

“Good faith.” Honesty in fact and the observance of reasonable standards of fair dealing.

“Person.” An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any other legal or commercial entity. The term does not include a public corporation, government or governmental subdivision, agency or instrumentality.

“Program.” A program or strategy in which a provider furnishes debt settlement services.

“Provider.” A person that provides, markets, solicits, offers to provide or agrees to provide debt settlement services.

“Record.” Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.