Bill Text: NJ A5055 | 2018-2019 | Regular Session | Amended

---

Bill Title: Requires certain consumer reporting agencies to make consumer reports available to consumers in Spanish and certain other languages.*

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2019-05-23 - Substituted by S3452 (2R) [A5055 Detail]

Download: New_Jersey-2018-A5055-Amended.html

---

[First Reprint]

ASSEMBLY, No. 5055

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 14, 2019

 

 

Sponsored by:

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

Assemblyman  GARY S. SCHAER

District 36 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Requires certain consumer reporting agencies to make consumer reports available to consumers in Spanish and certain other languages.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Financial Institutions and Insurance Committee on March 18, 2019, with amendments.

  

An Act concerning consumer reporting agencies and amending P.L.1997, c.172.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 7 of P.L.1997, c.172 (C.56:11-34) is amended to read as follows:

     7.    Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer:

     a.     All information in the consumer's file at the time of the request.

     b.    The sources of the information; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed: provided, that if an action is brought under this act or the federal "Fair Credit Reporting Act," such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.

     c.     (1)  The identification of each person, including each end-user identified under subsections d. and e. of section 5 of this act, who procured a consumer report:

     (a)   for employment purposes, during the two-year period preceding the date on which the request is made; or

     (b)   for any other purpose, during the one-year period preceding the date on which the request is made.

     (2)   An identification of a person under paragraph (1) shall include:

     (a)   the name of the person, or, if applicable, the trade name written in full under which the person conducts business; and

     (b)   upon request of the consumer, the address and telephone number of the person.

     d.    The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.

     e.     A record of all inquiries received by the agency during the one-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.

     ¹[The] A reporting agency that compiles and maintains files on consumers on a nationwide basis shall make the¹ information subject to disclosure pursuant to this section ¹[shall be made]¹ available to a consumer upon the consumer's request in Spanish or any other language that the Director of the Division of Consumer Affairs determines is the first language of a significant number of consumers in the State.  This determination shall be, at the discretion of the director, based on the numerical percentages of all consumers in the State for whom English or Spanish is not a first language or in a manner consistent with any regulations promulgated by the director for this purpose. ¹The director shall require that the information is made available in at least the 10 languages other than English and Spanish that are most frequently spoken as a first language by consumers in this State.

     A reporting agency that compiles and maintains files on consumers on a nationwide basis shall provide notice, in any language as determined by the director, on its Internet website in a clear and conspicuous location, of the availability of information subject to disclosure pursuant to this section in languages other than English.

     As used in this section, "reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide:

     (1)   Public record information; and

     (2)   Credit account information from persons who furnish that information regularly and in the ordinary course of business.¹

(cf: P.L.1997, c.172, s.7)

 

     2.    This act shall take effect on the 90th day next following the date of enactment.