senate Bill S6886D

Signed By Governor
2017-2018 Legislative Session

Relates to fee assessments for security freezes following consumer credit reporting agency data breaches; repealer

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (22)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2018 signed chap.480
Dec 18, 2018 delivered to governor
Jun 13, 2018 returned to senate
passed assembly
ordered to third reading cal.917
substituted for a8672b
Jun 11, 2018 referred to codes
delivered to assembly
passed senate
Jun 05, 2018 advanced to third reading
Jun 04, 2018 2nd report cal.
May 31, 2018 1st report cal.1432
May 23, 2018 print number 6886d
May 23, 2018 amend (t) and recommit to consumer protection
May 15, 2018 print number 6886c
May 15, 2018 amend (t) and recommit to consumer protection
May 02, 2018 print number 6886b
May 02, 2018 amend and recommit to consumer protection
Jan 03, 2018 referred to consumer protection
Oct 18, 2017 print number 6886a
Oct 18, 2017 amend and recommit to rules
Sep 25, 2017 referred to rules

S6886 - Details

See Assembly Version of this Bill:
A8672
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L; rpld §65.10 sub 2 ¶(g-1), Pen L

S6886 - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

S6886 - Sponsor Memo

S6886 - Bill Text download pdf


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

                                  6886

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                           September 25, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to fee assessments
  for security freezes following consumer credit reporting  agency  data
  breaches

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

  Section 1. Paragraph 1 of subdivision (n)  of  section  380-t  of  the
general  business  law  is amended by adding a new subparagraph (iii) to
read as follows:
  (III) (A) NO CONSUMER CREDIT REPORTING AGENCY SHALL CHARGE  A  FEE  TO
ANY INDIVIDUAL FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR
THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC
PARTY  OR PERIOD OF TIME, WHEN SUCH REQUEST IS MADE WITHIN FIVE YEARS OF
A KNOWN DATA BREACH AT SUCH CONSUMER CREDIT REPORTING AGENCY.
  (B) SUCH CONSUMER CREDIT REPORTING AGENCY SHALL REIMBURSE AN  INDIVID-
UAL FOR ANY FEE ASSESSED BY ANOTHER CONSUMER CREDIT REPORTING AGENCY FOR
THE  PLACEMENT  OF A SECOND OR SUBSEQUENT FREEZE OR FOR THE REMOVAL OF A
FREEZE OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR  PERIOD
OF  TIME, WHEN SUCH REQUEST IS MADE WITHIN FIVE YEARS OF SUCH KNOWN DATA
BREACH.
  (C) IF A FEE IS ASSESSED AND PAID FOR BY AN INDIVIDUAL TO  A  CONSUMER
CREDIT  REPORTING  AGENCY  FOR  THE  PLACEMENT OF A SECOND OR SUBSEQUENT
FREEZE OR FOR THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A  FREEZE
FOR  A  SPECIFIC  PARTY OR PERIOD OF TIME PRIOR TO THE EFFECTIVE DATE OF
THIS SUBPARAGRAPH BUT AFTER A KNOWN DATA BREACH OCCURRING AFTER  JANUARY
FIRST,  TWO  THOUSAND  SEVENTEEN,  SUCH  FEE SHALL BE REIMBURSED BY SUCH
CONSUMER CREDIT REPORTING AGENCY TO SUCH INDIVIDUAL. EACH CONSUMER CRED-
IT REPORTING AGENCY SHALL CREATE AND MAINTAIN A FORM FOR SUCH REIMBURSE-
MENT AND POST SUCH ON THE AGENCY'S WEBSITE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13493-01-7

S6886A - Details

See Assembly Version of this Bill:
A8672
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L; rpld §65.10 sub 2 ¶(g-1), Pen L

S6886A - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

S6886A - Sponsor Memo

S6886A - Bill Text download pdf


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

                                 6886--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                           September 25, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation to fee assessments
  for  security  freezes following consumer credit reporting agency data
  breaches

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

  Section  1.  Paragraph  1  of  subdivision (n) of section 380-t of the
general business law is amended by adding a new  subparagraph  (iii)  to
read as follows:
  (III)  (A)  NO  CONSUMER CREDIT REPORTING AGENCY SHALL CHARGE A FEE TO
ANY INDIVIDUAL FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR
THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC
PARTY OR PERIOD OF TIME, WHEN SUCH REQUEST IS MADE WITHIN FIVE YEARS  OF
A DATA BREACH AT SUCH CONSUMER CREDIT REPORTING AGENCY.
  (B)  SUCH CONSUMER CREDIT REPORTING AGENCY SHALL REIMBURSE AN INDIVID-
UAL FOR ANY FEE ASSESSED BY ANOTHER CONSUMER CREDIT REPORTING AGENCY FOR
THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR THE REMOVAL  OF  A
FREEZE  OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR PERIOD
OF TIME, WHEN SUCH REQUEST IS  MADE  WITHIN  FIVE  YEARS  OF  SUCH  DATA
BREACH.
  (C)  IF  A FEE IS ASSESSED AND PAID FOR BY AN INDIVIDUAL TO A CONSUMER
CREDIT REPORTING AGENCY FOR THE PLACEMENT  OF  A  SECOND  OR  SUBSEQUENT
FREEZE  OR FOR THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A FREEZE
FOR A SPECIFIC PARTY OR PERIOD OF TIME PRIOR TO THE  EFFECTIVE  DATE  OF
THIS SUBPARAGRAPH BUT AFTER A DATA BREACH OCCURRING AFTER JANUARY FIRST,
TWO  THOUSAND  SEVENTEEN,  SUCH FEE SHALL BE REIMBURSED BY SUCH CONSUMER
CREDIT REPORTING AGENCY TO SUCH INDIVIDUAL. EACH CONSUMER CREDIT REPORT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13493-03-7

S6886B - Details

See Assembly Version of this Bill:
A8672
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L; rpld §65.10 sub 2 ¶(g-1), Pen L

S6886B - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

S6886B - Sponsor Memo

S6886B - Bill Text download pdf


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

                                 6886--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                           September 25, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee  on  Consumer
  Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation to fee assessments
  for  security  freezes following consumer credit reporting agency data
  breaches

  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) FOR THE PURPOSES OF THIS PARAGRAPH:
  (A) A "BREACH OF THE SECURITY OF THE SYSTEM" SHALL HAVE THE SAME DEFI-
NITION AS IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  EIGHT  HUNDRED
NINETY-NINE-AA OF THIS CHAPTER.
  (B) A "BREACHED CONSUMER CREDIT REPORTING AGENCY" SHALL MEAN A CONSUM-
ER  CREDIT REPORTING AGENCY EXPERIENCING A BREACH OF THE SECURITY OF THE
SYSTEM OF SUCH CONSUMER CREDIT REPORTING AGENCY WITHIN  THE  PAST  THREE
YEARS.
  (II)  NO  CONSUMER  CREDIT  REPORTING  AGENCY  SHALL CHARGE A FEE TO A
CONSUMER FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR  FOR  THE
REMOVAL  OF  A  FREEZE  OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC
PARTY OR PERIOD OF TIME, WHEN A REQUEST FOR  SUCH  PLACEMENT,  LIFT,  OR
REMOVAL  OF A FREEZE IS MADE WITHIN THREE YEARS OF A BREACH OF THE SECU-
RITY OF THE SYSTEM OF SUCH CONSUMER CREDIT REPORTING AGENCY.
  (III) A BREACHED CONSUMER CREDIT REPORTING AGENCY  SHALL  REIMBURSE  A
CONSUMER FOR ANY FEE ASSESSED BY ANOTHER CONSUMER CREDIT REPORTING AGEN-
CY FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR THE REMOVAL

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

Co-Sponsors

S6886C - Details

See Assembly Version of this Bill:
A8672
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L; rpld §65.10 sub 2 ¶(g-1), Pen L

S6886C - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

S6886C - Sponsor Memo

S6886C - Bill Text download pdf


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

                                 6886--C

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                           September 25, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee  on  Consumer
  Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to eliminating the
  payment of fees for a security freeze on a consumer credit report; and
  to repeal paragraph (g-1) of subdivision 2 of  section  65.10  of  the
  penal law relating thereto

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

  Section 1. Section 380-t of the general business law,  as  amended  by
chapter  279 of the laws of 2008, subdivisions (b) and (n) as separately
amended by chapter 406 of the laws  of  2008,  and  subdivision  (g)  as
amended  by  section  36 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
  § 380-t. Security freeze. (a) A consumer may request that  a  security
freeze  be  placed  on  his  or  her consumer credit report by sending a
request in writing with confirmation of delivery requested or via  tele-
phone,  secure  electronic  means,  or  other  methods  developed by the
consumer credit reporting agency to a consumer credit  reporting  agency
at  an  address,  telephone  number or secure website designated by such
agency to receive such  requests.  Consumer  credit  reporting  agencies
shall  have a secure website and a separately dedicated toll-free number
to offer information, to  process  requests  and  deliver  the  services
provided for under this section.
  (b) A consumer credit reporting agency that receives from a consumer a
request  in  accordance  with  subdivision  (a)  of  this section shall,

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

Co-Sponsors

S6886D (ACTIVE) - Details

See Assembly Version of this Bill:
A8672
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L; rpld §65.10 sub 2 ¶(g-1), Pen L

S6886D (ACTIVE) - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

S6886D (ACTIVE) - Sponsor Memo

S6886D (ACTIVE) - Bill Text download pdf


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

                                 6886--D

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                           September 25, 2017
                               ___________

Introduced by Sens. FUNKE, JACOBS -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee  on  Consumer
  Protection  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law,  in  relation  to  prohibiting
  consumer  credit reporting agencies from charging a fee for the place-
  ment, removal, or temporary lift of a security freeze  on  a  consumer
  credit  report;  and  to  repeal  paragraph  (g-1) of subdivision 2 of
  section 65.10 of the penal law relating thereto

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

  Section  1.  Section  380-t of the general business law, as amended by
chapter 279 of the laws of 2008, subdivisions (b) and (n) as  separately
amended  by  chapter  406  of  the  laws of 2008, and subdivision (g) as
amended by section 36 of part A of chapter 62 of the laws  of  2011,  is
amended to read as follows:
  § 380-t.  Security  freeze. (a) A consumer may request that a security
freeze be placed on his or her  consumer  credit  report  by  sending  a
request  in writing with confirmation of delivery requested or via tele-
phone, secure electronic  means,  or  other  methods  developed  by  the
consumer  credit  reporting agency to a consumer credit reporting agency
at an address, telephone number or secure  website  designated  by  such
agency  to  receive  such  requests.  Consumer credit reporting agencies
shall have a secure website and a separately dedicated toll-free  number

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13493-10-8

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