Bill Text: NY S01516 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-02-23 - SIGNED CHAP.3 [S01516 Detail]

Download: New_York-2015-S01516-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1516
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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
       S. 1516                             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.