Assembly Bill A3565

2017-2018 Legislative Session

Prohibits a consumer reporting agency or lender from using an individual's internet viewing history to determine such individual's credit worthiness

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3565 (ACTIVE) - Details

See Senate Version of this Bill:
S8154
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §380-j, Gen Bus L; amd §352, Bank L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9145, S6820
2019-2020: A5307, S2322
2021-2022: S2808
2023-2024: S570

2017-A3565 (ACTIVE) - Summary

Prohibits a consumer reporting agency or lender from using an individual's internet use or internet viewing history to determine such individual's credit worthiness.

2017-A3565 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3565
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. CRESPO, SEPULVEDA, RODRIGUEZ, RAMOS, PICHARDO,
   McDONOUGH, HOOPER, RAIA -- read once and referred to the Committee  on
   Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business  law  and the banking law, in
   relation to prohibiting a consumer reporting  agency  or  lender  from
   using an individual's internet viewing history to determine such indi-
   vidual's credit worthiness
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-j of the general business  law  is  amended  by
 adding a new subdivision (h) to read as follows:
   (H)  NO  CONSUMER REPORTING AGENCY SHALL COLLECT, EVALUATE, REPORT, OR
 MAINTAIN IN THE FILE ON A CONSUMER THE CONSUMER'S  USE  OF  INTERNET  OR
 INTERNET  VIEWING HISTORY AS A FACTOR TO DETERMINE THE CONSUMER'S CREDIT
 WORTHINESS, CREDIT STANDING OR CREDIT CAPACITY.
   § 2. Section 352  of the banking law is amended by adding a new  sixth
 undesignated paragraph to read as follows:
   NO LICENSEE SHALL COLLECT, EVALUATE, REPORT OR MAINTAIN IN THE FILE ON
 A BORROWER THE BORROWER'S USE OF INTERNET OR INTERNET VIEWING HISTORY AS
 A  FACTOR TO DETERMINE THE BORROWER'S CREDIT WORTHINESS, CREDIT STANDING
 OR CREDIT CAPACITY. THE PROVISIONS OF THIS PARAGRAPH SHALL  BE  ENFORCED
 CONCURRENTLY  BY  THE SUPERINTENDENT AND THE DIRECTOR OF THE DIVISION OF
 CONSUMER PROTECTION AND EACH SHALL UTILIZE THEIR CONSUMER COMPLAINT  AND
 ASSISTANCE HOTLINES TO DOCUMENT COMPLAINTS BY BORROWERS WHO BELIEVE THAT
 THEIR  INTERNET  VIEWING  HISTORY IS BEING USED TO DENY THEM CREDIT. THE
 SUPERINTENDENT SHALL ENSURE THAT THE CREDIT SCORING FORMULAS FILED  WITH
 THE DEPARTMENT DO NOT CONTAIN VARIABLES WHICH ACCOUNT FOR INTERNET VIEW-
 ING HISTORY AS PART OF THAT FORMULA BY ASKING THE LICENSEE TO CERTIFY TO
 THAT FACT.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08178-01-7

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