Bill Text: NY A09150 | 2015-2016 | General Assembly | Amended

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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: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2016-04-13 - print number 9150a [A09150 Detail]

Download: New_York-2015-A09150-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9150--A
                   IN ASSEMBLY
                                    January 29, 2016
                                       ___________
        Introduced  by  M.  of A. CRESPO, SEPULVEDA, RODRIGUEZ, RAMOS, PICHARDO,
          McDONOUGH -- read once and  referred  to  the  Committee  on  Consumer
          Affairs  and Protection -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        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 30 to read as follows:
    23    30. Members of a borrower's social network. The  term  "members  of  a
    24  borrower's  social network" means a group of individuals authorized by a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13003-02-6