S T A T E   O F   N E W   Y O R K
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                                   868

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to amend the general business law, in relation to credit record
  freezes

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

  Section  1.  Subdivision  (r) of section 380-a of the general business
law, as added by chapter 441 of the laws of 2014, is amended to read  as
follows:
  (r) The term "security freeze for a protected [person] CONSUMER" means
(1)  if a consumer credit reporting agency does not have a file pertain-
ing to a protected consumer, a restriction that: (i) is  placed  on  the
protected  consumer's  record  in  accordance  with [this] section THREE
HUNDRED EIGHTY-U OF THIS ARTICLE; and (ii) prohibits the consumer credit
reporting agency from releasing the protected consumer's  record  except
as provided in this section; or
  (2) if a consumer credit reporting agency has a file pertaining to the
protected  consumer,  a  restriction that (i) is placed on the protected
consumer's consumer credit report in accordance with this  section;  and
(ii)  prohibits  the consumer credit reporting agency from releasing the
protected consumer's consumer credit report or any  information  derived
from  the protected consumer's consumer credit report except as provided
in this section.
  S 2. Subdivisions (d), (e) and (f) of section  380-u  of  the  general
business  law,  as added by chapter 441 of the laws of 2014, are amended
to read as follows:
  (d) Unless a security freeze for  a  protected  [person]  CONSUMER  is
removed  in  accordance  with  this section, a consumer credit reporting
agency may not release the protected consumer's consumer credit  report,
any  information  derived from the protected consumer's consumer report,
or any record created for the protected consumer.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07413-01-5
              

A. 868                              2

  (e) A security freeze for  a  protected  consumer  placed  under  this
section shall remain in effect until:
  (1)  The protected consumer or the protected consumer's representative
requests the consumer credit reporting agency  to  remove  the  security
freeze  for a protected [person] CONSUMER in accordance with subdivision
(f) of this section; or
  (2) The security freeze is removed in accordance with subdivision  (i)
of this section.
  (f)  If  a protected consumer or a protected consumer's representative
wishes to remove a security  freeze  for  the  protected  consumer,  the
protected consumer or the protected consumer's representative shall:
  (1)  Submit  a  request  for the removal of the security freeze to the
consumer credit reporting agency  at  the  address  or  other  point  of
contact  and  in  the  manner specified by the consumer credit reporting
agency;
  (2) Provide to the consumer credit reporting agency: (i) in  the  case
of  a  request  by the protected consumer: (A) proof that the sufficient
proof of authority for the protected consumer's representative to act on
behalf of the  protected  consumer  is  no  longer  valid  or  that  the
protected  consumer  has attained the age of sixteen; and (B) sufficient
proof of identification of the protected consumer; or (ii) in  the  case
of  a request by the representative of a protected consumer:  (A) suffi-
cient proof of identification of the protected consumer and  the  repre-
sentative; and (B) sufficient proof of authority to act on behalf of the
protected consumer; and (C) [pay] PAYMENT to the consumer credit report-
ing  agency  OF  a  fee,  if any, as provided in subdivision (h) of this
section.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2015.