Bill Text: NY A05106 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits a consumer reporting agency or lender from using the credit scores of members of an individual's social network to determine the credit worthiness of such individual.

Spectrum: Moderate Partisan Bill (Democrat 21-4)

Status: (Engrossed - Dead) 2018-06-14 - REFERRED TO RULES [A05106 Detail]

Download: New_York-2017-A05106-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5106
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M.  of A. CRESPO, SEPULVEDA, RAMOS, PICHARDO, RODRIGUEZ,
          RIVERA, ARROYO, McDONOUGH, HOOPER, RAIA -- read once and  referred  to
          the Committee on Consumer Affairs and Protection
        AN  ACT  to  amend  the  general  business  law  and the banking law, in
          relation to prohibiting a consumer reporting  agency  or  lender  from
          using  certain information to determine an individual's credit worthi-
          ness
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  380-a  of the general business law is amended by
     2  adding a new subdivision (u) to read as follows:
     3    (u) The term "members of a consumer's social network" means a group of
     4  individuals authorized by a consumer to be part of  his  or  her  social
     5  media communications and network.
     6    §  2. Section 380-j of the general business law is amended by adding a
     7  new subdivision (h) to read as follows:
     8    (h) No consumer reporting agency shall collect, evaluate,  report,  or
     9  maintain  in the file on a consumer the credit worthiness, credit stand-
    10  ing or credit capacity of members of the consumer's social  network  for
    11  purposes of determining the credit worthiness of the consumer; the aver-
    12  age  credit worthiness, credit standing or credit capacity of members of
    13  the consumer's social network; or  any  group  score  that  is  not  the
    14  consumer's  own  credit  worthiness, credit standing or credit capacity.
    15  The provisions of this subdivision shall be enforced concurrently by the
    16  superintendent of financial services and the director of the division of
    17  consumer protection and each shall utilize their consumer complaint  and
    18  assistance hotlines to document complaints by consumers who believe that
    19  group  credit  ratings  of  their social media network are being used to
    20  deny them credit.
    21    § 3. Section 2 of the banking law is amended by adding a new  subdivi-
    22  sion 31 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08179-01-7
        A. 5106                             2
     1    31.  Members  of  a  borrower's social network. The term "members of a
     2  borrower's social network" means a group of individuals authorized by  a
     3  borrower  to  be  part  of  his  or  her social media communications and
     4  network.
     5    §  4.  Section 352 of the banking law is amended by adding a new sixth
     6  undesignated paragraph to read as follows:
     7    No licensee shall collect, evaluate, report or maintain in the file on
     8  a borrower the credit worthiness, credit standing or credit capacity  of
     9  members of the borrower's social network for purposes of determining the
    10  credit worthiness of the borrower; the average credit worthiness, credit
    11  standing or credit capacity of members of the borrower's social network;
    12  or  any  group  score  that is not the borrower's own credit worthiness,
    13  credit standing or credit capacity.   The provisions of  this  paragraph
    14  shall be enforced concurrently by the superintendent and the director of
    15  the division of consumer protection and each shall utilize their consum-
    16  er complaint and assistance hotlines to document complaints by borrowers
    17  who  believe that group credit ratings of their social media network are
    18  being used to deny them credit. The superintendent shall ensure that the
    19  credit scoring formulas filed with the department do not  contain  vari-
    20  ables which account for internet viewing history as part of that formula
    21  by asking the licensee to certify to that fact.
    22    § 5. This act shall take effect immediately.