Bill Text: NY A00868 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Makes technical corrections to law relating to credit record freezes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-10 - substituted by s1516 [A00868 Detail]

Download: New_York-2015-A00868-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          868
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Consumer Affairs and Protection
       AN  ACT  to amend the general business law, in relation to credit record
         freezes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  (r) of section 380-a of the general business
    2  law, as added by chapter 441 of the laws of 2014, is amended to read  as
    3  follows:
    4    (r) The term "security freeze for a protected [person] CONSUMER" means
    5  (1)  if a consumer credit reporting agency does not have a file pertain-
    6  ing to a protected consumer, a restriction that: (i) is  placed  on  the
    7  protected  consumer's  record  in  accordance  with [this] section THREE
    8  HUNDRED EIGHTY-U OF THIS ARTICLE; and (ii) prohibits the consumer credit
    9  reporting agency from releasing the protected consumer's  record  except
   10  as provided in this section; or
   11    (2) if a consumer credit reporting agency has a file pertaining to the
   12  protected  consumer,  a  restriction that (i) is placed on the protected
   13  consumer's consumer credit report in accordance with this  section;  and
   14  (ii)  prohibits  the consumer credit reporting agency from releasing the
   15  protected consumer's consumer credit report or any  information  derived
   16  from  the protected consumer's consumer credit report except as provided
   17  in this section.
   18    S 2. Subdivisions (d), (e) and (f) of section  380-u  of  the  general
   19  business  law,  as added by chapter 441 of the laws of 2014, are amended
   20  to read as follows:
   21    (d) Unless a security freeze for  a  protected  [person]  CONSUMER  is
   22  removed  in  accordance  with  this section, a consumer credit reporting
   23  agency may not release the protected consumer's consumer credit  report,
   24  any  information  derived from the protected consumer's consumer report,
   25  or any record created for the protected consumer.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07413-01-5
       A. 868                              2
    1    (e) A security freeze for  a  protected  consumer  placed  under  this
    2  section shall remain in effect until:
    3    (1)  The protected consumer or the protected consumer's representative
    4  requests the consumer credit reporting agency  to  remove  the  security
    5  freeze  for a protected [person] CONSUMER in accordance with subdivision
    6  (f) of this section; or
    7    (2) The security freeze is removed in accordance with subdivision  (i)
    8  of this section.
    9    (f)  If  a protected consumer or a protected consumer's representative
   10  wishes to remove a security  freeze  for  the  protected  consumer,  the
   11  protected consumer or the protected consumer's representative shall:
   12    (1)  Submit  a  request  for the removal of the security freeze to the
   13  consumer credit reporting agency  at  the  address  or  other  point  of
   14  contact  and  in  the  manner specified by the consumer credit reporting
   15  agency;
   16    (2) Provide to the consumer credit reporting agency: (i) in  the  case
   17  of  a  request  by the protected consumer: (A) proof that the sufficient
   18  proof of authority for the protected consumer's representative to act on
   19  behalf of the  protected  consumer  is  no  longer  valid  or  that  the
   20  protected  consumer  has attained the age of sixteen; and (B) sufficient
   21  proof of identification of the protected consumer; or (ii) in  the  case
   22  of  a request by the representative of a protected consumer:  (A) suffi-
   23  cient proof of identification of the protected consumer and  the  repre-
   24  sentative; and (B) sufficient proof of authority to act on behalf of the
   25  protected consumer; and (C) [pay] PAYMENT to the consumer credit report-
   26  ing  agency  OF  a  fee,  if any, as provided in subdivision (h) of this
   27  section.
   28    S 3. This act shall take effect immediately and  shall  be  deemed  to
   29  have been in full force and effect on and after January 1, 2015.