NY State Senate Bill 2019-S2762A

Senate Bill S2762A

2019-2020 Legislative Session

Relates to requiring consumer reporting agencies to provide a consumer's information to such consumer at no cost

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2020	print number 2762a
Feb 05, 2020	amend and recommit to consumer protection
Jan 08, 2020	referred to consumer protection
Jan 29, 2019	referred to consumer protection

Bill Amendments

Original

A (Active)

2019-S2762 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6888
2021-2022: S3153
2023-2024: S797
2025-2026: S2202

2019-S2762 - Summary

Relates to requiring consumer reporting agencies to provide a consumer's information to such consumer at no cost.

2019-S2762 - Sponsor Memo

                                
 
BILL NUMBER: S2762

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
consumer reporting agencies to provide a consumer's information to such
consumer at no cost

 
PURPOSE:

This bill ensures that consumers are able to access their full credit
report at any time and at no cost from all consumer reporting agencies.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 380-d(a) of the General Business
Law to provide that consumers may obtain a free credit report at any
time.

Section of this bill provides that this act shall take effect immediate-

ly.

 
JUSTIFICATION:

As a result of the recent Equifax, Inc. security breach, as many as 143
million Americans had their personal information exposed, including
names, Social Security numbers and driver's license numbers. There has
been a significant increase in the number of security breaches over the
past years and consumers are repeatedly at risk of identity theft.
Consumers are being warned to take extra precautions and to keep an
especially close eye on their accounts and credit reports to identify
whether or not someone has obtained and used their personal information.

The federal Fair Credit Reporting Act was passed in 1970 and was last
amended in 2003, before our world went almost entirely digital.  Today,
it is exponentially easier for hackers to gain access to consumer infor-
mation. While federal law does provide for consumers to obtain from the
three major credit bureaus a free credit report, it only allows consum-
ers to access their report once every twelve months at each credit
reporting company. This bill would create additional protection for New
York residents by ensuring that they are able to access their credit
report at any time, for free, making them better equipped to protect
themselves against identity theft in today's digital age.

 
PRIOR LEGISLATIVE HISTORY:

New Bill for 2017-18: Senate 6888.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2762 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2762
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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,  in  relation  to  requiring
   consumer  reporting  agencies  to  provide a consumer's information to
   such consumer at no cost

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (a) of section 380-d of the general business
 law, as added by chapter 867 of the laws of 1977, is amended to read  as
 follows:
   (a)  Every  consumer  reporting agency shall AT ANY TIME, upon request
 and proper identification of any consumer, AND AT NO COST TO THE CONSUM-
 ER, clearly and accurately disclose to the consumer:
   (1) all information in its files at the time of the request concerning
 such consumer; and
   (2) the sources of the information; except that the sources of  infor-
 mation  acquired  solely  for use in preparing an investigative consumer
 report and actually used for no other purpose  need  not  be  disclosed;
 provided,  however, that in the event an action is brought under section
 three hundred eighty-n of this article, such sources shall be  available
 to  the plaintiff under appropriate discovery procedures in the court in
 which the action is brought; and
   (3) the recipients of any consumer report on the consumer which it has
 furnished;
   (i) for employment purposes within the two-year period  preceding  the
 request, and
   (ii)  for  any other purpose within the six month period preceding the
 request.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04779-01-9

2019-S2762A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6888
2021-2022: S3153
2023-2024: S797
2025-2026: S2202

2019-S2762A (ACTIVE) - Summary

Relates to requiring consumer reporting agencies to provide a consumer's information to such consumer at no cost.

2019-S2762A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2762A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
consumer reporting agencies to provide a consumer's information to such
consumer at no cost

 
PURPOSE:

This bill ensures that consumers are able to access their full credit
report from all consumer reporting agencies-at reasonable times through-
out the year and at no cost to the individual.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 380-d(a) of the General Business
Law to provide that consumers may obtain a free credit report from cred-
it reporting agencies up to four times in a given year.

Section of this bill provides that this act shall take effect immediate-
ly.

 
JUSTIFICATION:

As a result of the recent Equifax, Inc. security breach, as many as 143
million Americans had their personal information exposed, including
names, Social Security numbers and driver's license numbers. There has
been a significant increase in the number of security breaches over the
past years and consumers are repeatedly at risk of identity theft.
Consumers are being warned to take extra precautions and to keep an
especially close eye on their accounts and credit reports to identify
whether or not someone has obtained and used their personal information.

The Federal FairCredit Reporting Act was passed in 1970 and was last
amended in 2003, before our world went almost entirely digital. Today,
it is exponentially easier for hackers to gain access to consumer infor-
mation. While federal law does provide for consumers to obtain from the
three major credit bureaus a free credit report, it only allows consum-
ers to access their report once every twelve months at each credit
reporting company. This bill would create additional protection for New
York residents by ensuring that they are able to access their credit
report up to four times per year, for free, making them better equipped
to protect themselves against identity theft in today's digital age.

 
PRIOR LEGISLATIVE HISTORY:

New Bill for 2017-18: Senate 6888.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2762A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2762--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   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  requiring
   consumer  reporting  agencies  to  provide a consumer's information to
   such consumer at no cost
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (a) of section 380-d of the general business
 law, as added by chapter 867 of the laws of 1977, is amended to read  as
 follows:
   (a) Every consumer reporting agency shall AT ANY TIME BUT NO MORE THAN
 FOUR TIMES WITHIN ANY TWELVE MONTH PERIOD, upon request and proper iden-
 tification  of any consumer, AND AT NO COST TO THE CONSUMER, clearly and
 accurately disclose to the consumer:
   (1) all information in its files at the time of the request concerning
 such consumer; and
   (2) the sources of the information; except that the sources of  infor-
 mation  acquired  solely  for use in preparing an investigative consumer
 report and actually used for no other purpose  need  not  be  disclosed;
 provided,  however, that in the event an action is brought under section
 three hundred eighty-n of this article, such sources shall be  available
 to  the plaintiff under appropriate discovery procedures in the court in
 which the action is brought; and
   (3) the recipients of any consumer report on the consumer which it has
 furnished;
   (i) for employment purposes within the two-year period  preceding  the
 request, and
   (ii)  for  any other purpose within the six month period preceding the
 request.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04779-02-0

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