Bill Text: NY S08154 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits a consumer reporting agency or lender from using an individual's internet use or internet viewing history to determine such individual's credit worthiness.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-04-11 - REFERRED TO CONSUMER PROTECTION [S08154 Detail]

Download: New_York-2017-S08154-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8154
                    IN SENATE
                                     April 11, 2018
                                       ___________
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer 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 an individual's internet viewing history to determine such indi-
          vidual's credit worthiness
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  380-j  of the general business law is amended by
     2  adding a new subdivision (h) to read as follows:
     3    (h) No consumer reporting agency shall collect, evaluate,  report,  or
     4  maintain  in  the  file  on a consumer the consumer's use of internet or
     5  internet viewing history as a factor to determine the consumer's  credit
     6  worthiness, credit standing or credit capacity.
     7    §  2. Section 352  of the banking law is amended by adding a new sixth
     8  undesignated paragraph to read as follows:
     9    No licensee shall collect, evaluate, report or maintain in the file on
    10  a borrower the borrower's use of internet or internet viewing history as
    11  a factor to determine the borrower's credit worthiness, credit  standing
    12  or  credit  capacity. The provisions of this paragraph shall be enforced
    13  concurrently by the superintendent and the director of the  division  of
    14  consumer  protection and each shall utilize their consumer complaint and
    15  assistance hotlines to document complaints by borrowers who believe that
    16  their internet viewing history is being used to deny  them  credit.  The
    17  superintendent  shall ensure that the credit scoring formulas filed with
    18  the department do not contain variables which account for internet view-
    19  ing history as part of that formula by asking the licensee to certify to
    20  that fact.
    21    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08178-01-7