Assembly Bill A1071A

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

                                 1071--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of A. BRAUNSTEIN, ABINANTI, GUNTHER, MOSLEY, MARKEY,
  GOTTFRIED,  WEPRIN,  MONTESANO,  ROSENTHAL,  COLTON,  JAFFEE,  CAHILL,
  O'DONNELL,  PEOPLES-STOKES, ROBERTS, STECK, RAIA, PERRY, HOOPER, MOYA,
  SKOUFIS, SIMOTAS, OTIS, RODRIGUEZ -- Multi-Sponsored by --  M.  of  A.
  ARROYO,  BRENNAN,  CLARK, COOK, CROUCH, GALEF, GLICK, McDONOUGH, SCHI-
  MEL, SIMANOWITZ, STEC, TITONE -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-v of the general business law, as relettered
by chapter 441 of the laws of 2014, is relettered section  380-w  and  a
new section 380-v is added to read as follows:
  S  380-V.  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 IN A SEPARATE
STAND-ALONE DOCUMENT.  EMPLOYMENT INFORMATION SHALL INCLUDE, BUT NOT  BE
LIMITED  TO,  PAYROLL  AND  EARNINGS INFORMATION, 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.
                                                           LBD02323-03-5
              

A. 1071--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 AND ONE THOUSAND DOLLARS, 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.