1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 25: Fair Credit Reporting Act


Section 380-D Disclosure to consumers

General Business (GBS)

(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.