Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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-D
Disclosure to consumers
General Business (GBS) CHAPTER 20, ARTICLE 25
§ 380-d. Disclosure to consumers. (a) Every consumer reporting agency
shall, upon request and proper identification of any 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
information 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.

(b) The requirements of subdivision (a) of this section respecting the
disclosure of sources of information and the recipients of consumer
reports do not apply to information received or consumer reports
furnished prior to the effective date of this article except to the
extent that the matter involved is contained in the files of the
consumer reporting agency on that date.

(c) Notwithstanding any other provision of this article, every
consumer reporting agency, upon contact by a consumer by phone, mail or
in person regarding information which may be contained in the agency's
files which has been or may be used for the purpose of providing a
consumer report regarding that consumer, shall promptly advise the
consumer of the obligation of the agency to provide disclosure of the
files in person, by mail or by telephone pursuant to this section,
including the obligation of the agency to provide a decoded written
version of the file or a written copy of the file with an explanation of
any code used, if the consumer so requests. The disclosure shall be
provided in the manner selected by the consumer. All consumers shall be
specifically advised that if they have been denied credit in the past
thirty days they are entitled to receive a written copy of their
complete file, at no charge whatsoever, should they choose to request
such a copy.