S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5165

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M. of A. CAMARA, BARRON, COLTON, CASTRO, ORTIZ -- Multi-
  Sponsored by -- M. of A. GALEF, HOOPER, MAISEL, SCHIMEL, TITONE, WEIS-
  ENBERG -- read once and referred to the Committee on Consumer  Affairs
  and Protection

AN ACT to amend the general business law, in relation to requiring cred-
  it  reporting agencies to furnish proof of identity theft to creditors
  upon debtor's request

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380-u of the general business law, as relettered by
chapter  63  of  the laws of 2006, is relettered 380-v and a new section
380-u is added to read as follows:
  S 380-U. IDENTITY THEFT CREDIT REPORT. 1. IF A PERSON SUBMITS DOCUMEN-
TATION INDICATING THEY HAVE BEEN A VICTIM OF IDENTITY THEFT, THE  CREDIT
REPORTING  AGENCY  SHALL  FURNISH SUCH INFORMATION TO ALL CREDITORS UPON
THE REQUEST OF SUCH DEBTOR. SUCH AGENCY SHALL ALSO KEEP SUCH INFORMATION
ON FILE FOR SEVEN YEARS.
  2. THE FOLLOWING SHALL SUFFICE AS PROOF OF IDENTITY THEFT:
  (A) A COPY OF A VALID POLICE REPORT FILED BY THE DEBTOR ALLEGING  THAT
THE DEBTOR IS THE  VICTIM OF AN IDENTITY THEFT CRIME, INCLUDING, BUT NOT
LIMITED  TO,  A  VIOLATION  OF  SECTION  190.78, 190.79, 190.80, 190.81,
190.82 OR 190.83 OF THE PENAL LAW, FOR THE SPECIFIC DEBT BEING COLLECTED
BY THE CREDITOR; AND
  (B) THE DEBTOR'S WRITTEN STATEMENT THAT THE DEBTOR CLAIMS  TO  BE  THE
VICTIM  OF  IDENTITY  THEFT  WITH  RESPECT  TO  THE  SPECIFIC DEBT BEING
COLLECTED BY THE CREDITOR.
  3. THE WRITTEN STATEMENT DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO
OF THIS SECTION SHALL CONSIST OF EITHER OF THE FOLLOWING:
  (A) A SIGNED FEDERAL TRADE COMMISSION ID THEFT VICTIM'S AFFIDAVIT; OR
  (B) A WRITTEN STATEMENT THAT CERTIFIES THAT  THE  REPRESENTATIONS  ARE
TRUE,  CORRECT,  AND  CONTAIN  NO MATERIAL OMISSIONS OF FACT TO THE BEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06881-01-3
              

A. 5165                             2

KNOWLEDGE AND BELIEF OF THE PERSON    SUBMITTING  THE  CERTIFICATION.  A
PERSON  SUBMITTING  SUCH CERTIFICATION WHO DECLARES AS TRUE ANY MATERIAL
MATTER PURSUANT TO THIS SUBDIVISION THAT HE OR SHE KNOWS TO BE FALSE  IS
GUILTY  OF A MISDEMEANOR. SUCH STATEMENT SHALL CONTAIN OR BE ACCOMPANIED
BY, THE FOLLOWING, TO  THE EXTENT THAT SUCH ITEMS ARE  RELEVANT  TO  THE
DEBTOR'S  ALLEGATION OF IDENTITY THEFT WITH RESPECT TO THE DEBT IN QUES-
TION:
  (I) A STATEMENT THAT THE DEBTOR IS A VICTIM OF IDENTITY THEFT;
  (II) A COPY OF THE DEBTOR'S DRIVER'S LICENSE OR  IDENTIFICATION  CARD,
AS ISSUED BY THE STATE;
  (III) ANY OTHER IDENTIFICATION DOCUMENT THAT SUPPORTS THE STATEMENT OF
IDENTITY THEFT;
  (IV)  SPECIFIC FACTS SUPPORTING THE CLAIM OF IDENTITY THEFT, IF AVAIL-
ABLE;
  (V) ANY EXPLANATION SHOWING THAT THE DEBTOR DID NOT INCUR THE DEBT;
  (VI) ANY AVAILABLE CORRESPONDENCE DISPUTING THE DEBT AFTER TRANSACTION
INFORMATION HAS BEEN PROVIDED TO THE DEBTOR;
  (VII) DOCUMENTATION OF THE RESIDENCE OF THE DEBTOR AT THE TIME OF  THE
ALLEGED  DEBT.  THIS MAY INCLUDE COPIES OF BILLS AND STATEMENTS, SUCH AS
UTILITY BILLS, TAX STATEMENTS, OR OTHER STATEMENTS FROM BUSINESSES  SENT
TO  THE  DEBTOR,  SHOWING THAT THE DEBTOR LIVED AT ANOTHER  RESIDENCE AT
THE TIME THE DEBT WAS INCURRED;
  (VIII) A TELEPHONE NUMBER FOR CONTACTING  THE  DEBTOR  CONCERNING  ANY
ADDITIONAL  INFORMATION OR QUESTIONS, OR DIRECTION THAT FURTHER COMMUNI-
CATIONS TO THE DEBTOR BE IN WRITING ONLY, WITH THE MAILING ADDRESS SPEC-
IFIED IN THE STATEMENT;
  (IX)  TO THE EXTENT THE DEBTOR HAS INFORMATION CONCERNING WHO MAY HAVE
INCURRED THE DEBT, THE IDENTIFICATION  OF  ANY  PERSON  WHO  THE  DEBTOR
BELIEVES IS RESPONSIBLE; OR
  (X)  AN EXPRESS STATEMENT THAT THE DEBTOR DID NOT AUTHORIZE THE USE OF
THE DEBTOR'S NAME OR PERSONAL INFORMATION FOR INCURRING THE DEBT.
  4. THE CERTIFICATION REQUIRED PURSUANT TO SUBDIVISION  THREE  OF  THIS
SECTION  SHALL  BE  SUFFICIENT  IF  IT IS IN SUBSTANTIALLY THE FOLLOWING
FORM:
  "I CERTIFY THE REPRESENTATIONS MADE ARE TRUE, CORRECT, AND CONTAIN  NO
MATERIAL  OMISSIONS  OF  FACT                           " DATE AND PLACE
(SIGNATURE)
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.