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Assembly Bill A9145A

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2015-A9145 - Details

See Senate Version of this Bill:
S6820
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §380-j, Gen Bus L; amd §352, Bank L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3565, S8154
2019-2020: A5307, S2322
2021-2022: S2808
2023-2024: S570

2015-A9145 - Summary

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.

2015-A9145 - Bill Text download pdf 

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

                                  9145

                          I N  A S S E M B L Y

                            January 29, 2016
                               ___________

Introduced  by M. of A. CRESPO, SEPULVEDA, RODRIGUEZ, RAMOS, PICHARDO --
  read once and referred  to  the  Committee  on  Consumer  Affairs  and
  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:

  Section 1. Section 380-j of the general business  law  is  amended  by
adding a new subdivision (h) to read as follows:
  (H)  NO  CONSUMER REPORTING AGENCY SHALL COLLECT, EVALUATE, REPORT, OR
MAINTAIN IN THE FILE ON A CONSUMER THE CONSUMER'S  USE  OF  INTERNET  OR
INTERNET  VIEWING HISTORY AS A FACTOR TO DETERMINE THE CONSUMER'S CREDIT
WORTHINESS, CREDIT STANDING OR CREDIT CAPACITY.
  S 2. Section 352  of the banking law is amended by adding a new  sixth
undesignated paragraph to read as follows:
  NO LICENSEE SHALL COLLECT, EVALUATE, REPORT OR MAINTAIN IN THE FILE ON
A BORROWER THE BORROWER'S USE OF INTERNET OR INTERNET VIEWING HISTORY AS
A  FACTOR TO DETERMINE THE BORROWER'S CREDIT WORTHINESS, CREDIT STANDING
OR CREDIT CAPACITY.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13004-01-5

co-Sponsors

2015-A9145A (ACTIVE) - Details

See Senate Version of this Bill:
S6820
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §380-j, Gen Bus L; amd §352, Bank L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3565, S8154
2019-2020: A5307, S2322
2021-2022: S2808
2023-2024: S570

2015-A9145A (ACTIVE) - Summary

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.

2015-A9145A (ACTIVE) - Bill Text download pdf 

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

                                 9145--A

                          I N  A S S E M B L Y

                            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 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:

  Section  1.  Section  380-j  of the general business law is amended by
adding a new subdivision (h) to read as follows:
  (H) NO CONSUMER REPORTING AGENCY SHALL COLLECT, EVALUATE,  REPORT,  OR
MAINTAIN  IN  THE  FILE  ON A CONSUMER THE CONSUMER'S USE OF INTERNET OR
INTERNET VIEWING HISTORY AS A FACTOR TO DETERMINE THE CONSUMER'S  CREDIT
WORTHINESS, CREDIT STANDING OR CREDIT CAPACITY.
  S  2. Section 352  of the banking law is amended by adding a new sixth
undesignated paragraph to read as follows:
  NO LICENSEE SHALL COLLECT, EVALUATE, REPORT OR MAINTAIN IN THE FILE ON
A BORROWER THE BORROWER'S USE OF INTERNET OR INTERNET VIEWING HISTORY AS
A FACTOR TO DETERMINE THE BORROWER'S CREDIT WORTHINESS, CREDIT  STANDING
OR  CREDIT  CAPACITY. THE PROVISIONS OF THIS PARAGRAPH SHALL BE ENFORCED
CONCURRENTLY BY THE SUPERINTENDENT AND THE DIRECTOR OF THE  DIVISION  OF
CONSUMER  PROTECTION AND EACH SHALL UTILIZE THEIR CONSUMER COMPLAINT AND
ASSISTANCE HOTLINES TO DOCUMENT COMPLAINTS BY BORROWERS WHO BELIEVE THAT
THEIR INTERNET VIEWING HISTORY IS BEING USED TO DENY  THEM  CREDIT.  THE
SUPERINTENDENT  SHALL ENSURE THAT THE CREDIT SCORING FORMULAS FILED WITH
THE DEPARTMENT DO NOT CONTAIN VARIABLES WHICH ACCOUNT FOR INTERNET VIEW-
ING HISTORY AS PART OF THAT FORMULA BY ASKING THE LICENSEE TO CERTIFY TO
THAT FACT.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13004-02-6

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