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This entry was published on 2014-09-22
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SECTION 380-C
Preparation and/or procurement of investigative consumer reports
General Business (GBS) CHAPTER 20, ARTICLE 25
§ 380-c. Preparation and/or procurement of investigative consumer
reports. (a) No person may procure or cause to be prepared an
investigative consumer report on any consumer unless such person:

(1) has first provided the consumer with notice of the procurement or
preparation as described in subdivision (b) of this section, and

(2) has first received from the consumer an authorization for
preparation or procurement of such investigative consumer report as
described in subdivision (c) of this section.

(b) The notice required by this section shall be in writing if a
written application is made by the consumer, or may be in writing or
oral in all other circumstances. Such notice shall inform the consumer
that:

(1) an investigative consumer report may be requested on the consumer,
and

(2) the consumer upon written request will be informed whether or not
an investigative consumer report was requested, and if such report was
requested, the name and address of the consumer reporting agency to whom
the request was made. Upon the furnishing to the consumer of the name
and address of the consumer reporting agency to whom the request was
made the consumer shall also be informed he may inspect and receive a
copy of such report by contacting such agency. Additionally, if such
report was requested with respect to an offer of employment the person,
firm, partnership, corporation or other entity requesting such report
shall in such notice also provide the subject of such report with a copy
of article twenty-three-A of the correction law governing the licensure
and employment of persons previously convicted of one or more criminal
offenses.

(c) The authorization required by this section shall be given in
writing or in the same manner as the notice pursuant to this section is
required to be given.

(d) If a person applying for credit, insurance, or employment refuses
to authorize the procurement or preparation of an investigative consumer
report, the prospective creditor, insurer or employer may decline to
grant credit, insurance or employment on the grounds that the applicant
refused to execute such authorization.

(e) Where a parent applies for insurance on behalf of or to cover his
child, or an adult applies for insurance on behalf of or to cover a
minor, the execution of an authorization and receipt of notice pursuant
to this section by the parent or adult shall also be deemed to be
receipt of notice and execution of an authorization by the child or
minor.

(f) The notice and authorization requirements of this section shall
not be applicable to investigative consumer reports procured or prepared
in connection with the renewal of a casualty insurance policy where the
initial application for such policy preceded the effective date of this
article.