Assembly Bill A6790A

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

                                 6790--A
                                                        Cal. No. 322

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 18, 2013
                               ___________

Introduced  by  M.  of A. BRAUNSTEIN, ABINANTI, GUNTHER, MOSLEY, MARKEY,
  GOTTFRIED, WEPRIN,  MONTESANO,  ROSENTHAL,  MILLMAN,  COLTON,  JAFFEE,
  CAHILL,  O'DONNELL, PEOPLES-STOKES, ROBERTS, SCARBOROUGH, STECK, RAIA,
  PERRY, HOOPER, MOYA, SKOUFIS, SIMOTAS, OTIS, RODRIGUEZ --  Multi-Spon-
  sored  by  --  M.  of  A. ARROYO, BRENNAN, CLARK, COOK, CROUCH, GALEF,
  GLICK, JACOBS, McDONOUGH, SCHIMEL, SIMANOWITZ, STEC,  TITONE,  WEISEN-
  BERG  --  read  once and referred to the Committee on Consumer Affairs
  and Protection -- advanced to a third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to  amend the general business law, in relation to the sale and
  use of employment information

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

  Section  1.   Section 380-u of the general business law, as relettered
by chapter 63 of the laws of 2006, is relettered section 380-v and a new
section 380-u is added to read as follows:
  S 380-U. SALE AND USE OF EMPLOYMENT  INFORMATION.    (A)  NO  CONSUMER
REPORTING  AGENCY  OR  ANY  SUBSIDIARY  THEREOF SHALL SELL OR RESELL, OR
OFFER FOR SALE OR RESALE OR DISTRIBUTE  EMPLOYMENT  INFORMATION  TO  ANY
PRINCIPAL  CREDITOR,  AS  THAT  TERM  IS DEFINED IN SUBDIVISION THREE OF
SECTION SIX HUNDRED OF THIS CHAPTER, OR  OTHER  DEBT  COLLECTOR  WITHOUT
VERIFYING  THAT  SUCH SALE, RESALE, OR DISTRIBUTION WAS DISCLOSED TO THE
CONSUMER TO WHOM SUCH EMPLOYMENT INFORMATION  PERTAINS  WITHOUT  WRITTEN
CONSUMER  CONSENT IN A SEPARATE STAND-ALONE DOCUMENT.  EMPLOYMENT INFOR-
MATION SHALL INCLUDE, BUT NOT BE LIMITED TO, PAYROLL AND EARNINGS INFOR-
MATION, HOURS WORKED, CONSUMER HISTORY AND HEALTH INSURANCE INFORMATION.
  (B) SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE,
STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR  USE
OR TRANSACTION FOR WHICH CONSENT IS GIVEN.
  (C)  WHEREVER  THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA-
TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF

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

                                                           LBD08805-10-3

A. 6790--A                          2

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 OR RESTRAIN THE CONTIN-
UANCE  OF  SUCH VIOLATION; 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 TWO 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.
  (D) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT  MAY, IN ITS DISCRETION, AWARD THE PREVAILING
PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
DOLLARS, IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED  THE
PROVISIONS  OF  THIS  SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.