Assembly Bill A4596

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4596

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. CYMBROWITZ, KOON -- Multi-Sponsored by -- M. of
  A. ROBINSON -- read once and referred to  the  Committee  on  Consumer
  Affairs and Protection

AN  ACT  to  amend  the  general  business law, in relation to requiring
  certain identification for accessing consumer reports that have  secu-
  rity freezes implemented on their account

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 1 of subdivision (d), subparagraph (i)  of  para-
graph  1  of  subdivision  (k),  and subdivisions (l) and (s) of section
380-t of the general business law, as amended by chapter 279 of the laws
of 2008, are amended to read as follows:
  (1) proper identification WHICH MAY INCLUDE, BUT  NOT  BE  LIMITED  TO
COMPLETE  FIRST  AND LAST NAME, WITH MIDDLE INITIAL, GENERATIONAL DESIG-
NATION, IF ANY; BIRTH DATE, MOTHER'S MAIDEN NAME,  PLACE  OF  EMPLOYMENT
AND  RESIDENCE  ADDRESS.  SUCH  ITEMS   OF INFORMATION SHALL NOT INCLUDE
FAMILY INCOME, ELECTRONIC  MAIL  ADDRESS,  HOME  OR  BUSINESS  TELEPHONE
NUMBER,  CREDIT CARD NUMBER, AUTOMATED TELLER MACHINE PERSONAL IDENTIFI-
CATION NUMBER, OR TELEPHONE CALLING CARD NUMBER;
  (i) proper identification WHICH SHALL INCLUDE AT LEAST  FOUR  DISTINCT
ITEMS OF INFORMATION REGARDING A CONSUMER THAT  CORRECTLY MATCHES INFOR-
MATION  WITHIN  THE FILE OR A CONSUMER REPORT MAINTAINED BY THE CONSUMER
REPORTING AGENCY ON A CONSUMER. THE ITEMS OF  INFORMATION  MAY  INCLUDE,
BUT  NEED  NOT  BE LIMITED TO, COMPLETE FIRST AND LAST NAME, WITH MIDDLE
INITIAL, GENERATIONAL DESIGNATION, IF ANY; BIRTH DATE,  MOTHER'S  MAIDEN
NAME, PLACE OF EMPLOYMENT AND RESIDENCE ADDRESS. SUCH ITEMS  OF INFORMA-
TION  SHALL  NOT INCLUDE FAMILY INCOME, ELECTRONIC MAIL ADDRESS, HOME OR
BUSINESS TELEPHONE NUMBER, CREDIT CARD NUMBER, AUTOMATED TELLER  MACHINE
PERSONAL IDENTIFICATION NUMBER, OR TELEPHONE CALLING CARD NUMBER;
  (l)  A consumer credit reporting agency shall require proper identifi-
cation, AS DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07581-01-9
              

A. 4596                             2

(K) OF THIS SECTION, of the person making a request to place or remove a
security freeze.
  (s) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A CONSUMER REPORT-
ING  AGENCY  MAY  FURNISH  TO  A  GOVERNMENTAL AGENCY A CONSUMER'S NAME,
ADDRESS, FORMER ADDRESS, PLACES  OF  EMPLOYMENT,  OR  FORMER  PLACES  OF
EMPLOYMENT.
  (T)  Whenever  there shall be a violation of this section, application
may be made by the attorney general in the name of  the  people  of  the
state of New York to a court or justice having jurisdiction by a special
proceeding  to  issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of  such
violations;  and  if it shall appear to the satisfaction of the court or
justice that the defendant has,  in  fact,  violated  this  section,  an
injunction  may  be  issued  by  such  court  or  justice, enjoining and
restraining any further violation,  without  requiring  proof  that  any
person  has,  in  fact,  been  injured  or  damaged thereby. In any such
proceeding, the court may make allowances to  the  attorney  general  as
provided  in  paragraph  six  of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and  direct  restitu-
tion.  Whenever  the  court  shall  determine  that  a violation of this
section has occurred, the court may impose a civil penalty of  not  more
than  five  thousand  dollars for each violation. In connection with any
such proposed application, the attorney general is  authorized  to  take
proof  and  make  a  determination  of  the  relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.  Effective immediately
any  rules  and  regulations  necessary for the timely implementation of
this act on its effective date shall be promulgated on  or  before  such
date.