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-E
Methods and conditions of disclosure to consumers
General Business (GBS) CHAPTER 20, ARTICLE 25
§ 380-e. Methods and conditions of disclosure to consumers. (a) A
consumer reporting agency shall make the disclosures required under
section three hundred eighty-d of this article during normal business
hours and on reasonable notice.

(b) The disclosure required under section three hundred eighty-d of
this article shall be made to the consumer by one or more of the
following methods:

(1) in person if he appears in person and furnishes proper
identification, in which case the consumer shall be permitted a personal
visual inspection of his file and, if he so requests, shall be furnished
a copy of his entire file or any part thereof,

(2) by telephone if he has made a written request, with proper
identification, for telephone disclosure and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer, and at the time of the disclosure by telephone the consumer
shall be advised of the right to receive a complete written disclosure
of the information pertaining to him, or

(3) by mailing a copy or transcription of all information in the
consumer's file to him, if he has made a written request with proper
identification.

(c) Every consumer reporting agency shall provide trained personnel to
explain to the consumer any information furnished to him either by
personal interview or telephone communication, and information furnished
by mail must be accompanied by an explanation of such information if
provided in code or trade terminology.

(d) The consumer who seeks disclosure by means of a personal interview
pursuant to paragraph one of subdivision (b) of this section shall be
permitted to be accompanied by one other person of his choosing, who
shall furnish reasonable identification. A consumer reporting agency may
require the consumer to furnish a written statement granting permission
to the consumer reporting agency to discuss the consumer's file in such
other person's presence.

(e) (1) A consumer reporting agency shall make all disclosures
authorized under section three hundred eighty-d of this article without
charge to any person who receives a notification of adverse action
pursuant to section three hundred eighty-i of this article, or receives
notification from a debt collection agency affiliated with such consumer
reporting agency stating the consumer's credit rating may be or has been
adversely affected if, within thirty days of receipt of such
notification, the consumer makes a request for such disclosure. A
written statement by a consumer indicating that he has been denied
credit in the past thirty days or has been contacted by a debt
collection agency as described in this paragraph is sufficient to
require the disclosure without charge.

(2) In all other cases where such disclosure is requested, the
consumer reporting agency may impose a reasonable charge for such
disclosure, provided that such charges are indicated to the consumer
prior to making disclosure.

(3) Notwithstanding any provision of paragraph two of this
subdivision, the charge imposed for the furnishing of information shall
not exceed the charge the consumer reporting agency would impose for
providing such information to its regular customers.

(4) No charge may be made for notifying any person of the deletion of
information which is found to be in error or which can no longer be
verified.

(f) In addition to the disclosure provided by this section and any
disclosures received by the consumer, the consumer shall be advised of
the right to request and receive a decoded written version of the file
or a written copy of the file, with an explanation of any code used,
without charge as subject to subdivision (e) of this section.