senate Bill S6923

2017-2018 Legislative Session

Relates to prohibiting certain fees for security freezes by consumer credit reporting agencies in the case of a breach of information

download bill text pdf

Sponsored By

Current Bill Status - In Senate Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 18, 2017 referred to rules

S6923 - Details

See Assembly Version of this Bill:
A8695
Law Section:
General Business Law
Laws Affected:
Amd ยง380-t, Gen Bus L

S6923 - Summary

Prohibits fees for security freezes by consumer credit reporting agencies in the case of a breach of information; prohibits fees for subsequent removal or temporary lift of a security freeze; requires a consumer credit reporting agency which has suffered a breach to provide free identity theft protection services.

S6923 - Sponsor Memo

S6923 - Bill Text download pdf

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

                                  6923

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            October 18, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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
PASSWORD PROVIDED TO SUCH CONSUMER BY  SUCH  CONSUMER  CREDIT  REPORTING
AGENCY.

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

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