Senate Bill S1545A

2015-2016 Legislative Session

Enacts the "credit privacy in employment act" to prohibit the use of consumer credit reports in hiring and employment determinations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Feb 04, 2015	print number 1545a
Feb 04, 2015	amend and recommit to consumer protection
Jan 13, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S1545 - Details

See Assembly Version of this Bill:: A2372
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§380-b, 380-m & 380-i, rel §380-v to be §380-w, add §380-v, Gen Bus L; add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7056
2017-2018: S5653, A5310
2019-2020: S2884, S3124, A2611
2021-2022: S2631, A1161, A6388
2023-2024: S1731, A779
2025-2026: S3072, A1316

2015-S1545 - Summary

Enacts the "credit privacy in employment act" to prohibit the use of consumer credit reports in hiring and employment determinations.

2015-S1545 - Sponsor Memo

                                BILL NUMBER:S1545

TITLE OF BILL:

An act to amend the general business law and the labor law, in
relation to the use of consumer credit reports for employment
decisions

PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit an employer or potential employer from using
any job applicant or employee's consumer credit report in his or her
decision to hire, terminate, promote, demote, discipline, compensate,
or in setting the terms, conditions, or privileges of employment.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Enacts the "credit privacy in employment act".

Section 2: Amends General Business Law section 380-b (a)(3)to include
section 380-u as part of the terms in using a person's consumer credit
report for employment decisions.

Section 3: Amends General. Business Law section 380-m to add a
reference to General Business Law section 380-u.

Section 4: Re-letters the existing General Business Law section 380-v
to become a new section 380-w. Further, it adds a new section 380-v
that prohibits an employer or potential employer from using any job
applicant or employee's consumer credit report in his or her decision
to hire, terminate, promote, demote, discipline, compensate, or in
setting the terms, conditions, or privileges of employment. The new
section also prohibits an employer or potential employer from
requesting a job applicant or employee's consumer credit report for
the above mentioned purposes, as well as prohibiting them from
refusing to hire a job applicant on the grounds that he or she refuses
to give consent for the obtainment of his or her credit report.

Further, this bill section provides for enforcement authority under
this section for the Attorney General as well as allowing for any
person injured by a violation of this section to bring an action in
his or her own name and sets a limit on awards courts may grant as
well as attorney's fees. Also the section allows for a consumer to
file a complaint with the Department of Labor pursuant to section
219-d of the labor law.

Section 5: Amends General Business Law section 380-i by adding a new
subdivision (d) that would require that in using a consumer credit
report any employer, employment agency, licensing agency, agent,
representative or designee thereof; to provide to a job applicant or
employee prior to taking any adverse action base in whole or part on
such report, the name, address, and telephone number of the consumer
reporting agency providing the report; a description of the consumer's
rights under section 3130-b of this article; and a reasonable
opportunity to respond to any information in the report.


Section 6: Adds a new Labor Law section 219-d which allows for any job
applicant or employee to file a complaint with the Commissioner of the
Department of Labor regarding an alleged violation of section 380-u
under the general business law for an investigation of such a complain
and statement setting the appropriate remedy if any.

Section 7: Effective date.

JUSTIFICATION:

This bill would prohibit an employer or potential employer from using
any job applicant's or employee's consumer credit report in his or her
decision to hire, terminate, promote, demote, discipline, compensate,
or in setting the terms, conditions, or privileges of employment.

There is little evidence that shows a correlation between credit
history and job performance. Nonetheless, in today's job market, the
majority of large/big employers are now using credit checks as part of
their hiring process and in how they treat their existing employees.
In addition to lacking any such meaningful correlation, a recent
Federal Trade Commission study indicated that as many as one in four
consumers may have a "material error" in their credit reports. At a
recent public hearing on the accuracy and use of consumer credit
reports, both the credit reporting industry and numerous consumer
advocates testified that millions of Americans have errors in their
credit reports that put them in a lower credit risk tier, whether they
are aware of any such errors or not.

The United States, as a whole, is still feeling the sting of the
recent Great Recession. Many New Yorkers, through no fault of their
own, have less than ideal credit histories that may stem from issues
completely unrelated to their job performance or capabilities. These
consumers are disadvantaged because employers are using credit reports
to determine if an applicant or employee is worthy of a job or a
promotion. This bill would put an end to this practice.

PRIOR LEGISLATIVE HISTORY:

Similar to S. 4905 of the 2011/2012 legislative session.
2014 - S. 3868 - Referred to Consumer Protection

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect 120 days after it becomes law.

2015-S1545 - Bill Text download pdf

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

                                  1545

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI -- 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 labor law, in relation
  to the use of consumer credit reports for employment decisions

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "credit privacy in employment act".
  S 2. Paragraph 3 of subdivision (a) of section 380-b  of  the  general
business  law, as amended by chapter 797 of the laws of 1984, is amended
to read as follows:
  (3) To a person whom it has reason  to  believe  intends  to  use  the
information  (i)  in  connection with a credit transaction involving the
consumer on whom the information is to be furnished  and  involving  the
extension  of  credit  to, or review or collection of an account of, the
consumer, or (ii) for employment purposes, SUBJECT TO THE PROVISIONS  OF
SECTION  THREE  HUNDRED  EIGHTY-W OF THIS ARTICLE or (iii) in connection
with the underwriting of insurance involving the consumer,  or  (iv)  in
connection  with  a  determination  of  the consumer's eligibility for a
license or other  benefit  granted  by  a  governmental  instrumentality
required  by  law to consider an applicant's financial responsibility or
status, or (v) to a person in connection  with  a  business  transaction
involving the consumer where the user has a legitimate business need for
such  information,  or  (vi) in connection with the rental or lease of a
residence.
  S 3. Section 380-m of the general business law, as amended by  chapter
279 of the laws of 2008, is amended to read as follows:
  S  380-m.  Civil  liability  for negligent noncompliance. Any consumer
reporting agency or user of information who or  which  is  negligent  in
failing to comply with any requirement imposed under this article, other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01829-02-5

S. 1545                             2

than  a  violation  of  section  three hundred eighty-t OR THREE HUNDRED
EIGHTY-W of this article, with respect to any consumer is liable to that
consumer in an amount equal to the sum of:
  (a)  Any  actual  damages sustained by the consumer as a result of the
failure;
  (b) In the case of any successful  action  to  enforce  any  liability
under  this  section,  the  costs of the action together with reasonable
attorney's fees as determined by the court.
  S 4. Section 380-v of the general business law, as relettered by chap-
ter 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. USE OF CONSUMER CREDIT REPORTS FOR EMPLOYMENT DECISIONS.  (A)
NO EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY, OR AGENT, REPRESEN-
TATIVE OR DESIGNEE THEREOF, SHALL:
  (1)  USE  INFORMATION IN THE CONSUMER CREDIT REPORT OF A JOB APPLICANT
OR EMPLOYEE IN CONNECTION WITH OR AS A CRITERION  FOR  EMPLOYMENT  DECI-
SIONS  RELATED  TO HIRING, TERMINATION, PROMOTION, DEMOTION, DISCIPLINE,
COMPENSATION, OR THE TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT;
  (2) REQUEST THE JOB APPLICANT'S OR EMPLOYEE'S CONSUMER  CREDIT  REPORT
FOR SUCH PURPOSE; OR
  (3)  REFUSE  TO  HIRE  A  JOB  APPLICANT  ON THE GROUND THAT HE OR SHE
REFUSES TO GIVE CONSENT FOR THE OBTAINMENT OF HIS OR HER CONSUMER CREDIT
REPORT.
  (B) THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION SHALL NOT  APPLY
IF  THE  EMPLOYER  IS REQUIRED BY STATE OR FEDERAL LAW TO USE A CONSUMER
CREDIT REPORT FOR EMPLOYMENT DECISIONS.
  (C) (1) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION 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 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.
  (2) ANY PERSON INJURED BY A 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  THREE  THOUSAND  FIVE
HUNDRED  DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.  THE COURT
MAY, IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN  AMOUNT  NOT
TO  EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO TEN THOUSAND DOLLARS, IF
THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS ARTI-
CLE. IN THE CASE OF ANY  SUCCESSFUL  ACTION  TO  ENFORCE  THE  FOREGOING
LIABILITY,  THE  COURT  MAY  AWARD THE COSTS OF THE ACTION TOGETHER WITH
REASONABLE ATTORNEY'S FEES.

S. 1545                             3

  (D) A CONSUMER MAY FILE  A  COMPLAINT  ALLEGING  A  VIOLATION  OF  THE
PROVISIONS  OF THIS SUBDIVISION WITH THE DEPARTMENT OF LABOR PURSUANT TO
SECTION TWO HUNDRED NINETEEN-D OF THE LABOR LAW.
  S  5. Section 380-i of the general business law is amended by adding a
new subdivision (d) to read as follows:
  (D) IN USING A CONSUMER CREDIT REPORT ANY EMPLOYER, EMPLOYMENT AGENCY,
LICENSING AGENCY, AGENT,  REPRESENTATIVE  OR  DESIGNEE  THEREOF,  BEFORE
TAKING  ANY  ADVERSE ACTION BASED IN WHOLE OR PART ON SUCH REPORT, SHALL
PROVIDE TO THE JOB APPLICANT OR EMPLOYEE:
  (1) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE CONSUMER  REPORTING
AGENCY PROVIDING THE REPORT;
  (2) A DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER SECTION THREE HUNDRED
EIGHTY-B OF THIS ARTICLE; AND
  (3)  A  REASONABLE  OPPORTUNITY  TO  RESPOND TO ANY INFORMATION IN THE
REPORT.
  S 6. The labor law is amended by adding a new section 219-d to read as
follows:
  S 219-D. FILING OF COMPLAINT. ANY JOB APPLICANT OR EMPLOYEE  MAY  FILE
WITH  THE  COMMISSIONER  A  COMPLAINT  REGARDING AN ALLEGED VIOLATION OF
SECTION THREE HUNDRED EIGHTY-V OF THE GENERAL BUSINESS LAW FOR AN INVES-
TIGATION OF SUCH COMPLAINT AND STATEMENT SETTING THE APPROPRIATE REMEDY,
IF ANY.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

2015-S1545A (ACTIVE) - Details

See Assembly Version of this Bill:: A2372
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§380-b, 380-m & 380-i, rel §380-v to be §380-w, add §380-v, Gen Bus L; add §219-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7056
2017-2018: S5653, A5310
2019-2020: S2884, S3124, A2611
2021-2022: S2631, A1161, A6388
2023-2024: S1731, A779
2025-2026: S3072, A1316

2015-S1545A (ACTIVE) - Summary

Enacts the "credit privacy in employment act" to prohibit the use of consumer credit reports in hiring and employment determinations.

2015-S1545A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1545A

TITLE OF BILL:

An  act  to  amend  the  general  business  law  and the labor law, in
relation  to  the  use  of  consumer  credit  reports  for  employment
decisions

PURPOSE OR GENERAL IDEA OF BILL:

This  bill would prohibit an employer or potential employer from using
any job applicant or employee's consumer credit report in his  or  her
decision  to hire, terminate, promote, demote, discipline, compensate,
or in setting the terms, conditions, or privileges of employment.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Enacts the "credit privacy in employment act".

Section 2: Amends General Business Law section 380-b (a)(3)to  include
section 380-u as part of the terms in using a person's consumer credit
report for employment decisions.

Section  3:  Amends  General.  Business  Law  section  380-m  to add a
reference to General Business Law section 380-v.

Section 4: Re-letters the existing General Business Law section  380-v
to  become  a  new section 380-w. Further, it adds a new section 380-v
that prohibits an employer or potential employer from  using  any  job
applicant  or employee's consumer credit report in his or her decision
to hire, terminate, promote, demote,  discipline,  compensate,  or  in
setting  the  terms,  conditions, or privileges of employment. The new
section  also  prohibits  an  employer  or  potential  employer   from
requesting  a  job  applicant or employee's consumer credit report for
the above  mentioned  purposes,  as  well  as  prohibiting  them  from
refusing to hire a job applicant on the grounds that he or she refuses
to give consent for the obtainment of his or her credit report.

Further,  this  bill  section provides for enforcement authority under
this section for the Attorney General as  well  as  allowing  for  any
person  injured  by  a violation of this section to bring an action in
his or her own name and sets a limit on awards  courts  may  grant  as
well  as  attorney's  fees.  Also the section allows for a consumer to
file a complaint with the Department  of  Labor  pursuant  to  section
219-d of the labor law.

Section  5:  Amends General Business Law section 380-i by adding a new
subdivision (d) that would require that in  using  a  consumer  credit
report  any  employer,  employment  agency,  licensing  agency, agent,
representative or designee thereof; to provide to a job  applicant  or
employee  prior  to taking any adverse action base in whole or part on
such report, the name, address, and telephone number of  the  consumer
reporting agency providing the report; a description of the consumer's
rights  under  section  3130-b  of  this  article;  and  a  reasonable
opportunity to respond to any information in the report.


Section 6: Adds a new Labor Law section 219-d which allows for any job
applicant or employee to file a complaint with the Commissioner of the
Department of Labor regarding an alleged violation  of  section  380-v
under the general business law for an investigation of such a complain
and statement setting the appropriate remedy if any.

Section 7: Effective date.

JUSTIFICATION:

This  bill would prohibit an employer or potential employer from using
any job applicant's or employee's consumer credit report in his or her
decision to hire, terminate, promote, demote, discipline,  compensate,
or in setting the terms, conditions, or privileges of employment.

There  is  little  evidence  that  shows  a correlation between credit
history and job performance. Nonetheless, in today's job  market,  the
majority of large/big employers are now using credit checks as part of
their  hiring  process and in how they treat their existing employees.
In addition to lacking  any  such  meaningful  correlation,  a  recent
Federal  Trade  Commission study indicated that as many as one in four
consumers may have a "material error" in their credit  reports.  At  a
recent  public  hearing  on  the  accuracy  and use of consumer credit
reports, both the credit  reporting  industry  and  numerous  consumer
advocates  testified  that  millions of Americans have errors in their
credit reports that put them in a lower credit risk tier, whether they
are aware of any such errors or not.

The United States, as a whole, is  still  feeling  the  sting  of  the
recent  Great  Recession.  Many New Yorkers, through no fault of their
own, have less than ideal credit histories that may stem  from  issues
completely  unrelated  to their job performance or capabilities. These
consumers are disadvantaged because employers are using credit reports
to determine if an applicant or employee is  worthy  of  a  job  or  a
promotion. This bill would put an end to this practice.

PRIOR LEGISLATIVE HISTORY:

Similar to S. 4905 of the 2011/2012 legislative session.
2014 - S.3868 - Referred to Consumer Protection

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect 120 days after it becomes law.

2015-S1545A (ACTIVE) - Bill Text download pdf

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

                                 1545--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sens. KLEIN, CARLUCCI, PANEPINTO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT to amend the general business law and the labor law, in relation
  to the use of consumer credit reports for employment decisions

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "credit privacy in employment act".
  S 2. Paragraph 3 of subdivision (a) of section 380-b  of  the  general
business  law, as amended by chapter 797 of the laws of 1984, is amended
to read as follows:
  (3) To a person whom it has reason  to  believe  intends  to  use  the
information  (i)  in  connection with a credit transaction involving the
consumer on whom the information is to be furnished  and  involving  the
extension  of  credit  to, or review or collection of an account of, the
consumer, or (ii) for employment purposes, SUBJECT TO THE PROVISIONS  OF
SECTION  THREE  HUNDRED  EIGHTY-V OF THIS ARTICLE or (iii) in connection
with the underwriting of insurance involving the consumer,  or  (iv)  in
connection  with  a  determination  of  the consumer's eligibility for a
license or other  benefit  granted  by  a  governmental  instrumentality
required  by  law to consider an applicant's financial responsibility or
status, or (v) to a person in connection  with  a  business  transaction
involving the consumer where the user has a legitimate business need for
such  information,  or  (vi) in connection with the rental or lease of a
residence.
  S 3. Section 380-m of the general business law, as amended by  chapter
279 of the laws of 2008, is amended to read as follows:
  S  380-m.  Civil  liability  for negligent noncompliance. Any consumer
reporting agency or user of information who or  which  is  negligent  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01829-04-5

S. 1545--A                          2

failing to comply with any requirement imposed under this article, other
than  a  violation  of  section  three hundred eighty-t OR THREE HUNDRED
EIGHTY-V of this article, with respect to any consumer is liable to that
consumer in an amount equal to the sum of:
  (a)  Any  actual  damages sustained by the consumer as a result of the
failure;
  (b) In the case of any successful  action  to  enforce  any  liability
under  this  section,  the  costs of the action together with reasonable
attorney's fees as determined by the court.
  S 4. Section 380-v of the general business law, as relettered by chap-
ter 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. USE OF CONSUMER CREDIT REPORTS FOR EMPLOYMENT DECISIONS.  (A)
NO EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY, OR AGENT, REPRESEN-
TATIVE OR DESIGNEE THEREOF, SHALL:
  (1)  USE  INFORMATION IN THE CONSUMER CREDIT REPORT OF A JOB APPLICANT
OR EMPLOYEE IN CONNECTION WITH OR AS A CRITERION  FOR  EMPLOYMENT  DECI-
SIONS  RELATED  TO HIRING, TERMINATION, PROMOTION, DEMOTION, DISCIPLINE,
COMPENSATION, OR THE TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT;
  (2) REQUEST THE JOB APPLICANT'S OR EMPLOYEE'S CONSUMER  CREDIT  REPORT
FOR SUCH PURPOSE; OR
  (3)  REFUSE  TO  HIRE  A  JOB  APPLICANT  ON THE GROUND THAT HE OR SHE
REFUSES TO GIVE CONSENT FOR THE OBTAINMENT OF HIS OR HER CONSUMER CREDIT
REPORT.
  (B) THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION SHALL NOT  APPLY
IF  THE  EMPLOYER  IS REQUIRED BY STATE OR FEDERAL LAW TO USE A CONSUMER
CREDIT REPORT FOR EMPLOYMENT DECISIONS.
  (C) (1) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
CATION 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 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.
  (2) ANY PERSON INJURED BY A 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  THREE  THOUSAND  FIVE
HUNDRED  DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.  THE COURT
MAY, IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN  AMOUNT  NOT
TO  EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO TEN THOUSAND DOLLARS, IF
THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS ARTI-
CLE. IN THE CASE OF ANY  SUCCESSFUL  ACTION  TO  ENFORCE  THE  FOREGOING
LIABILITY,  THE  COURT  MAY  AWARD THE COSTS OF THE ACTION TOGETHER WITH
REASONABLE ATTORNEY'S FEES.

S. 1545--A                          3

  (D) A CONSUMER MAY FILE  A  COMPLAINT  ALLEGING  A  VIOLATION  OF  THE
PROVISIONS  OF THIS SUBDIVISION WITH THE DEPARTMENT OF LABOR PURSUANT TO
SECTION TWO HUNDRED NINETEEN-D OF THE LABOR LAW.
  S  5. Section 380-i of the general business law is amended by adding a
new subdivision (d) to read as follows:
  (D) IN USING A CONSUMER CREDIT REPORT ANY EMPLOYER, EMPLOYMENT AGENCY,
LICENSING AGENCY, AGENT,  REPRESENTATIVE  OR  DESIGNEE  THEREOF,  BEFORE
TAKING  ANY  ADVERSE ACTION BASED IN WHOLE OR PART ON SUCH REPORT, SHALL
PROVIDE TO THE JOB APPLICANT OR EMPLOYEE:
  (1) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE CONSUMER  REPORTING
AGENCY PROVIDING THE REPORT;
  (2) A DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER SECTION THREE HUNDRED
EIGHTY-B OF THIS ARTICLE; AND
  (3)  A  REASONABLE  OPPORTUNITY  TO  RESPOND TO ANY INFORMATION IN THE
REPORT.
  S 6. The labor law is amended by adding a new section 219-d to read as
follows:
  S 219-D. FILING OF COMPLAINT. ANY JOB APPLICANT OR EMPLOYEE  MAY  FILE
WITH  THE  COMMISSIONER  A  COMPLAINT  REGARDING AN ALLEGED VIOLATION OF
SECTION THREE HUNDRED EIGHTY-V OF THE GENERAL BUSINESS LAW FOR AN INVES-
TIGATION OF SUCH COMPLAINT AND STATEMENT SETTING THE APPROPRIATE REMEDY,
IF ANY.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S1545A

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Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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David Carlucci

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