assembly Bill A8695A

2017-2018 Legislative Session

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system

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Sponsored By

Current Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 referred to rules
delivered to senate
passed assembly
May 31, 2018 advanced to third reading cal.1010
reported
May 08, 2018 reported referred to codes
May 02, 2018 print number 8695a
May 02, 2018 amend (t) and recommit to consumer affairs and protection
Jan 03, 2018 referred to consumer affairs and protection
Oct 05, 2017 referred to consumer affairs and protection

Co-Sponsors

view additional co-sponsors

A8695 (ACTIVE) - Details

See Senate Version of this Bill:
S6923
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

A8695 (ACTIVE) - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

A8695 (ACTIVE) - Bill Text download pdf


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

                                  8695

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             October 5, 2017
                               ___________

Introduced  by M. of A. DINOWITZ, GOTTFRIED, BUCHWALD, SIMON, SEAWRIGHT,
  SIMOTAS, BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUN-
  STEIN, McDONALD, WILLIAMS, OTIS --  read  once  and  referred  to  the
  Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  fees for security freezes by consumer credit reporting agencies in the
  case of a breach of information

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

  Section  1.  Subdivision  (n) of section 380-t of the general business
law is amended by adding a new paragraph 3 to read as follows:
  (3)(I) UPON A BREACH OF DATA OF A  CONSUMER  CREDIT  REPORTING  AGENCY
WHICH  INCLUDES  ANY  SOCIAL SECURITY NUMBER, SUCH AGENCY SHALL OFFER TO
EACH CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL SECURITY NUMBER,  WAS
BREACHED  OR  IS  REASONABLY  BELIEVED  TO HAVE BEEN BREACHED, UNLIMITED
REASONABLE IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICABLE,  IDEN-
TIFY THEFT MITIGATION SERVICES AT NO COST TO SUCH CONSUMERS. SUCH AGENCY
SHALL  PROVIDE  ALL INFORMATION NECESSARY FOR SUCH CONSUMER TO ENROLL IN
SUCH SERVICES AND SHALL INCLUDE INFORMATION ON  HOW  SUCH  CONSUMER  CAN
REQUEST  A  SECURITY FREEZE. SUCH SERVICES ARE NOT REQUIRED IF, AFTER AN
APPROPRIATE INVESTIGATION, THE AGENCY  REASONABLY  DETERMINES  THAT  THE
BREACH  OF SECURITY IS UNLIKELY TO RESULT IN HARM TO THE CONSUMERS WHOSE
INFORMATION HAS BEEN BREACHED.
  (II) UPON A BREACH OF DATA OF A CONSUMER CREDIT REPORTING AGENCY WHICH
INCLUDES ANY SOCIAL SECURITY NUMBER, NO CONSUMER CREDIT REPORTING AGENCY
SHALL, AT ANY TIME, CHARGE A FEE TO A CONSUMER REQUESTING THE  PLACEMENT
OF  A  SECURITY FREEZE, OR FOR ANY SUBSEQUENT REMOVAL OF A FREEZE OR THE
TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR PERIOD OF TIME OR FOR
THE ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER OR PASSWORD
WHEN THE CONSUMER FAILS TO RETAIN THE PERSONAL IDENTIFICATION NUMBER  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13504-03-7

Co-Sponsors

view additional co-sponsors

A8695A (ACTIVE) - Details

See Senate Version of this Bill:
S6923
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

A8695A (ACTIVE) - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

A8695A (ACTIVE) - Bill Text download pdf


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

                                 8695--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             October 5, 2017
                               ___________

Introduced  by M. of A. DINOWITZ, GOTTFRIED, BUCHWALD, SIMON, SEAWRIGHT,
  SIMOTAS, BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUN-
  STEIN, McDONALD, WILLIAMS, OTIS,  L. ROSENTHAL,  SANTABARBARA,  GALEF,
  TITONE  -- read once and referred to the Committee on Consumer Affairs
  and Protection -- recommitted to the Committee on Consumer Affairs and
  Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the general business law, in relation to requiring a
  consumer credit reporting agency to offer  identity  theft  prevention
  and  mitigation  services  in  the case of a breach of the security of
  such agency's system

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

  Section  1.  Subdivision  (n) of section 380-t of the general business
law is amended by adding a new paragraph 3 to read as follows:
  (3)(I) UPON A BREACH OF THE SECURITY OF THE SYSTEM OF A CONSUMER CRED-
IT REPORTING AGENCY WHICH INCLUDES  ANY  SOCIAL  SECURITY  NUMBER,  SUCH
AGENCY SHALL OFFER TO EACH CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL
SECURITY  NUMBER,  WAS  BREACHED  OR IS REASONABLY BELIEVED TO HAVE BEEN
BREACHED, REASONABLE IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICA-
BLE, IDENTIFY THEFT MITIGATION SERVICES FOR A PERIOD NOT TO EXCEED  FIVE
YEARS AT NO COST TO SUCH CONSUMERS. SUCH AGENCY SHALL PROVIDE ALL INFOR-
MATION NECESSARY FOR SUCH CONSUMERS TO ENROLL IN SUCH SERVICES AND SHALL
INCLUDE INFORMATION ON HOW SUCH CONSUMERS CAN REQUEST A SECURITY FREEZE.
A  CONSUMER  CREDIT REPORTING AGENCY SHALL NOT BE REQUIRED TO OFFER SUCH
SERVICES IF, AFTER AN APPROPRIATE INVESTIGATION, THE  AGENCY  REASONABLY
DETERMINES  THAT THE BREACH OF SECURITY IS UNLIKELY TO RESULT IN HARM TO
THE CONSUMERS WHOSE INFORMATION HAS BEEN BREACHED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13504-06-8

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