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This entry was published on 2019-11-29
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SECTION 380-J
Prohibited information
General Business (GBS) CHAPTER 20, ARTICLE 25
§ 380-j. Prohibited information. (a) No consumer reporting agency
shall report or maintain in the file on a consumer, information:

(1) relative to an arrest or a criminal charge unless there has been a
criminal conviction for such offense, or unless such charges are still
pending,

(2) relative to a consumer's race, religion, color, ancestry or ethnic
origin, or

(3) which it has reason to know is inaccurate.

(b) Notwithstanding the provisions of paragraph one of subdivision (a)
of this section, a consumer reporting agency may collect, evaluate,
prepare, use or report information relative to a detention of an
individual by a retail mercantile establishment, provided that:

(1) the individual has executed an uncoerced admission of wrongdoing;

(2) with respect to a detention made on or after the effective date of
this article the retail mercantile establishment has, prior to
transmitting to a consumer reporting agency information concerning such
detention, delivered to the individual a written notice containing:

(i) a statement that the information may be furnished to a consumer
reporting agency, and that such information may be reported to a retail
mercantile establishment for employment purposes,

(ii) a statement that the individual may request disclosure by the
consumer reporting agency of information in the agency's file on such
individual, and that the completeness or accuracy of such information
may be disputed by the individual, and

(iii) the name and address of such consumer reporting agency; and

(3) the user of such information certifies to the consumer reporting
agency that such information will be used only in connection with
employment purposes.

(c) In the event that a criminal charge is filed subsequent to the
detention described in subdivision (b) of this section, the disposition
of such charge shall be recorded by the consumer reporting agency in the
file on such individual upon the request of such individual and upon his
furnishing proof of such disposition.

(d) No consumer reporting agency shall issue a consumer report which
lists a person as having been denied credit if the sole reason for such
denial is lack of sufficient information to grant credit, unless the
report states that the denial was for such reason.

(e) Consumer reporting agencies shall maintain reasonable procedures
designed to assure maximum possible accuracy of the information
concerning the individual about whom the report relates.

(f) (1) Except as authorized under paragraph two of this subdivision,
no consumer reporting agency may make any consumer report containing any
of the following items of information.

(i) bankruptcies which, from date of adjudication of the most recent
bankruptcy, antedate the report by more than fourteen years;

(ii) judgements which, from date of entry, antedate the report by more
than seven years or until the governing statute of limitations has
expired, whichever is the longer period; or judgments which, from date
of entry, having been satisfied within a five year period from such
entry date, shall be removed from the report five years after such entry
date;

(iii) paid tax liens which, from date of payment, antedate the report
by more than seven years or, a paid, satisfied or vacated tax lien
involving a purchaser, transferee or assignee in a bulk sale transaction
who has been deemed liable by the state tax commission for sales taxes
due from a seller, transferrer or assignor under subdivision (c) of
section eleven hundred forty-one of the tax law, where the receipt by a
credit reporting agency from such purchaser, transferee or assignee of a
notice, or true copy thereof, from the state tax commission to such
purchaser, transferee or assignee that his liability has been wholly
paid or satisfied or no longer exists, antedates the report by more than
thirty days;

(iv) accounts placed for collection or charged to profit and loss
which antedate the report by more than seven years; or accounts placed
for collection or charged to profit and loss, which have been paid and
which antedate the report by more than five years;

(v) records of conviction of crime which, from date of disposition,
release, or parole, antedate the report by more than seven years;

(vi) information regarding drug or alcoholic addiction where the last
reported incident relating to such addiction antedates the consumer
report or investigative consumer report by more than seven years;

(vii) information relating to past confinement in a mental institution
where the date of last confinement antedates the report by more than
seven years; or

(viii) any other adverse information which antedates the report by
more than seven years.

(2) The provisions of this subdivision shall not apply to:

(i) a credit transaction involving, or which may reasonably be
expected to involve, a principal amount of fifty thousand dollars or
more;

(ii) the underwriting of life insurance involving, or which may
reasonably be expected to involve, a face amount of fifty thousand
dollars or more; or

(iii) the employment of any individual at an annual salary which
equals, or which may reasonably be expected to equal twenty-five
thousand dollars, or more.

(g) No consumer reporting agency shall collect, evaluate, report, or
maintain in the file on a consumer any results, opinions, analyses,
transcripts or information of any nature concerning, related to, or
derived from a polygraph examination, an examination by any device or
instrument of any type used to test or question individuals for the
purpose of detecting deception, verifying truthfulness, or measuring
deceptive tendencies, or the questioning or interviewing of an
individual by the examiner prior to or after such an examination.

(h) No consumer reporting agency shall collect, evaluate, report, or
maintain in the file on a consumer the credit worthiness, credit
standing or credit capacity of members of the consumer's social network
for purposes of determining the credit worthiness of the consumer; the
average credit worthiness, credit standing or credit capacity of members
of the consumer's social network; or any group score that is not the
consumer's own credit worthiness, credit standing or credit capacity.
The provisions of this subdivision shall be enforced concurrently by the
superintendent of financial services and the director of the division of
consumer protection and each shall utilize their consumer complaint and
assistance hotlines to document complaints by consumers who believe that
group credit ratings of their social media network are being used to
deny them credit.