S T A T E O F N E W Y O R K
________________________________________________________________________
2198
2025-2026 Regular Sessions
I N S E N A T E
January 15, 2025
___________
Introduced by Sens. COMRIE, ADDABBO, BAILEY, KRUEGER, PERSAUD, SANDERS,
STAVISKY -- 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 banking law, in
relation to prohibiting a consumer reporting agency or lender from
using an individual's late payment of cashless tolls to determine such
individual's credit worthiness
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (viii) and (ix) of paragraph 1 of subdivision
(f) of section 380-j of the general business law, as amended by chapter
727 of the laws of 2023, are amended to read as follows:
(viii) information relating to a medical debt regardless of the date
it was incurred; [or]
(ix) LATE PAYMENTS OF ANY CASHLESS TOLLS; OR
(X) any other adverse information which antedates the report by more
than seven years.
§ 2. Section 352 of the banking law is amended by adding a new ninth
undesignated paragraph to read as follows:
NO LICENSEE SHALL COLLECT, EVALUATE, REPORT OR MAINTAIN IN THE FILE ON
A BORROWER THE BORROWER'S LATE PAYMENT OF CASHLESS TOLLS AS A FACTOR TO
DETERMINE THE BORROWER'S CREDIT WORTHINESS, CREDIT STANDING OR CREDIT
CAPACITY. THE SUPERINTENDENT SHALL ENSURE THAT THE CREDIT SCORING
FORMULAS FILED WITH THE DEPARTMENT DO NOT CONTAIN VARIABLES WHICH
ACCOUNT FOR LATE PAYMENT OF CASHLESS TOLLS AS PART OF THAT FORMULA BY
ASKING THE LICENSEE TO CERTIFY TO THAT FACT.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04317-01-5