Legislation

Search OpenLegislation Statutes
This entry was published on 2019-11-29
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 380-A
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 25
§ 380-a. Definitions. As used in this article:

(a) The term "person" means any individual, partnership, corporation,
trust, estate, co-operative, association, government or governmental
subdivision, agency or other entity.

(b) The term "consumer" means an individual.

(c) (1) The term "consumer report" means any written, oral, or other
communication of any information by a consumer reporting agency bearing
on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living which is used or expected to be used or collected in whole or
part for the purpose of serving as a factor in establishing the
consumer's eligibility for (i) credit or insurance to be used primarily
for personal, family, or household purposes, (ii) employment purposes,
or (iii) other purposes authorized under section three hundred eighty-b
of this article.

(2) The term "consumer report" does not include (i) any report
containing information solely as to transactions or experiences between
the consumer and the person making the report, (ii) any authorization or
approval of a specific extension of credit directly or indirectly by the
issuer of a credit card or similar device, or (iii) any report in which
a person who has been requested by a third party to make a specific
extension of credit directly or indirectly to a consumer conveys his
decision with respect to such request, if the third party advises the
consumer of the name and address of the person to whom the request was
made and such person makes the disclosures to the consumer required
under section three hundred eighty-i of this article.

(d) The term "investigative consumer report" means a consumer report
or portion thereof in which information on a consumer's character,
general reputation, personal characteristics, or mode of living is
obtained through personal interviews with neighbors, friends, or
associates of the consumer reported on or with others with whom he is
acquainted or who may have knowledge concerning any such items of
information. However, such information shall not include specific
factual information on a consumer's credit record obtained directly from
a creditor of the consumer or from a consumer reporting agency when such
information was obtained directly from a creditor of the consumer or
from the consumer.

(e) The term "consumer reporting agency" means any person who, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly
engages in whole or in part in the practice of assembling or evaluating
consumer credit information or other information on consumers for the
purpose of furnishing consumer reports or investigative consumer reports
to third parties.

(f) The term "file" when used in connection with information on any
consumer, means all of the information on that consumer recorded and
retained by a consumer reporting agency regardless of how the
information is stored.

(g) The term "employment purposes" when used in connection with a
consumer report means a report used for the purpose of evaluating a
consumer for employment, promotion, reassignment or retention as an
employee.

(h) The term "adverse information" means information that is likely to
have a negative effect upon the ability or eligibility of a consumer to
obtain credit, insurance, employment, or other benefits, goods or
services or information that is either wholly or partially responsible
for increases in charges for credit or insurance.

(i) The term "user" when discussed in connection with the use of a
consumer report means any person receiving or requesting a consumer
report or an investigative consumer report other than the subject
thereof.

(j) The term "medical information" means information or records
obtained, with the consent of the individual to whom it relates, from
licensed physicians or medical practitioners, hospitals, clinics, or
other medical or medically related facilities.

(k) The term "consumer credit reporting agency" means a consumer
reporting agency that regularly engages in the practice of assembling or
evaluating and maintaining, for the purpose of furnishing consumer
credit reports to third parties bearing on a consumer's credit
worthiness, credit standing, or credit capacity, public record
information and credit account information from persons who furnish that
information regularly and in the ordinary course of business.

(l) The term "consumer credit report" means a consumer report
assembled, evaluated or maintained by a consumer credit reporting
agency, bearing on a consumer's credit worthiness, credit standing, or
credit capacity.

(m) The term "security freeze" or "freeze" means a notice placed in
the consumer credit report of or relating to a consumer, at the request
of such consumer and subject to certain exceptions, that prohibits the
consumer credit reporting agency from releasing the consumer credit
report, the contents of such report or the credit score of such
consumer.

(n) The term "proper identification" means information generally
deemed sufficient to identify a person.

(o) The term "protected consumer" means an individual who is under the
age of sixteen years at the time a request for the placement of a
security freeze is made.

(p) The term "record" means a compilation of information that (1)
identifies a protected consumer; (2) is created by a consumer credit
reporting agency solely for the purpose of complying with section three
hundred eighty-u of this article; and (3) may not be created or used to
consider the protected consumer's credit worthiness, credit standing,
credit capacity, character, general reputation, personal
characteristics, or mode of living for any purpose listed in this
article.

(q) The term "representative" means a person who provides to a
consumer credit reporting agency sufficient proof of authority to act on
behalf of a protected consumer.

(r) The term "security freeze for a protected consumer" means (1) if a
consumer credit reporting agency does not have a file pertaining to a
protected consumer, a restriction that: (i) is placed on the protected
consumer's record in accordance with section three hundred eighty-u of
this article; and (ii) prohibits the consumer credit reporting agency
from releasing the protected consumer's record except as provided in
this section; or

(2) if a consumer credit reporting agency has a file pertaining to the
protected consumer, a restriction that (i) is placed on the protected
consumer's consumer credit report in accordance with this section; and
(ii) prohibits the consumer credit reporting agency from releasing the
protected consumer's consumer credit report or any information derived
from the protected consumer's consumer credit report except as provided
in this section.

(s) The term "sufficient proof of authority" means documentation that
shows a representative has authority to act on behalf of a protected
consumer. "Sufficient proof of authority" shall include, but not be
limited to, (1) an order issued by a court of law; or (2) a written,
notarized statement signed by a representative that expressly describes
the authority of the representative to act on behalf of a protected
consumer.

(t) The term "sufficient proof of identification" means information or
documentation that identifies a protected consumer or a representative
of a protected consumer. "Sufficient proof of identification" shall
include, but not be limited to, (1) a social security number or a copy
of a social security card issued by the social security administration;
(2) a certified or official copy of a birth certificate; or (3) a copy
of a driver's license, an identification card issued by the department
of motor vehicles, or any other government-issued photo identification.

(u) The term "members of a consumer's social network" means a group of
individuals authorized by a consumer to be part of his or her social
media communications and network.