Senate Bill S6886

Signed By Governor
2017-2018 Legislative Session

Relates to fee assessments for security freezes following consumer credit reporting agency data breaches; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2017-S6886 - Details

Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

2017-S6886 - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

2017-S6886 - Sponsor Memo

2017-S6886 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6886
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 25, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to fee assessments
   for security freezes following consumer credit reporting  agency  data
   breaches

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (n)  of  section  380-t  of  the
 general  business  law  is amended by adding a new subparagraph (iii) to
 read as follows:
   (III) (A) NO CONSUMER CREDIT REPORTING AGENCY SHALL CHARGE  A  FEE  TO
 ANY INDIVIDUAL FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR
 THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC
 PARTY  OR PERIOD OF TIME, WHEN SUCH REQUEST IS MADE WITHIN FIVE YEARS OF
 A KNOWN DATA BREACH AT SUCH CONSUMER CREDIT REPORTING AGENCY.
   (B) SUCH CONSUMER CREDIT REPORTING AGENCY SHALL REIMBURSE AN  INDIVID-
 UAL FOR ANY FEE ASSESSED BY ANOTHER CONSUMER CREDIT REPORTING AGENCY FOR
 THE  PLACEMENT  OF A SECOND OR SUBSEQUENT FREEZE OR FOR THE REMOVAL OF A
 FREEZE OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR  PERIOD
 OF  TIME, WHEN SUCH REQUEST IS MADE WITHIN FIVE YEARS OF SUCH KNOWN DATA
 BREACH.
   (C) IF A FEE IS ASSESSED AND PAID FOR BY AN INDIVIDUAL TO  A  CONSUMER
 CREDIT  REPORTING  AGENCY  FOR  THE  PLACEMENT OF A SECOND OR SUBSEQUENT
 FREEZE OR FOR THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A  FREEZE
 FOR  A  SPECIFIC  PARTY OR PERIOD OF TIME PRIOR TO THE EFFECTIVE DATE OF
 THIS SUBPARAGRAPH BUT AFTER A KNOWN DATA BREACH OCCURRING AFTER  JANUARY
 FIRST,  TWO  THOUSAND  SEVENTEEN,  SUCH  FEE SHALL BE REIMBURSED BY SUCH
 CONSUMER CREDIT REPORTING AGENCY TO SUCH INDIVIDUAL. EACH CONSUMER CRED-
 IT REPORTING AGENCY SHALL CREATE AND MAINTAIN A FORM FOR SUCH REIMBURSE-
 MENT AND POST SUCH ON THE AGENCY'S WEBSITE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13493-01-7
              

2017-S6886A - Details

Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

2017-S6886A - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

2017-S6886A - Sponsor Memo

2017-S6886A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 25, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law, in relation to fee assessments
   for  security  freezes following consumer credit reporting agency data
   breaches
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  1  of  subdivision (n) of section 380-t of the
 general business law is amended by adding a new  subparagraph  (iii)  to
 read as follows:
   (III)  (A)  NO  CONSUMER CREDIT REPORTING AGENCY SHALL CHARGE A FEE TO
 ANY INDIVIDUAL FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR
 THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC
 PARTY OR PERIOD OF TIME, WHEN SUCH REQUEST IS MADE WITHIN FIVE YEARS  OF
 A DATA BREACH AT SUCH CONSUMER CREDIT REPORTING AGENCY.
   (B)  SUCH CONSUMER CREDIT REPORTING AGENCY SHALL REIMBURSE AN INDIVID-
 UAL FOR ANY FEE ASSESSED BY ANOTHER CONSUMER CREDIT REPORTING AGENCY FOR
 THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR THE REMOVAL  OF  A
 FREEZE  OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR PERIOD
 OF TIME, WHEN SUCH REQUEST IS  MADE  WITHIN  FIVE  YEARS  OF  SUCH  DATA
 BREACH.
   (C)  IF  A FEE IS ASSESSED AND PAID FOR BY AN INDIVIDUAL TO A CONSUMER
 CREDIT REPORTING AGENCY FOR THE PLACEMENT  OF  A  SECOND  OR  SUBSEQUENT
 FREEZE  OR FOR THE REMOVAL OF A FREEZE OR THE TEMPORARY LIFT OF A FREEZE
 FOR A SPECIFIC PARTY OR PERIOD OF TIME PRIOR TO THE  EFFECTIVE  DATE  OF
 THIS SUBPARAGRAPH BUT AFTER A DATA BREACH OCCURRING AFTER JANUARY FIRST,
 TWO  THOUSAND  SEVENTEEN,  SUCH FEE SHALL BE REIMBURSED BY SUCH CONSUMER
 CREDIT REPORTING AGENCY TO SUCH INDIVIDUAL. EACH CONSUMER CREDIT REPORT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13493-03-7
              

2017-S6886B - Details

Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

2017-S6886B - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

2017-S6886B - Sponsor Memo

2017-S6886B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 25, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to  the  Committee  on  Consumer
   Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law, in relation to fee assessments
   for  security  freezes following consumer credit reporting agency data
   breaches
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (n) of section 380-t of the general business
 law is amended by adding a new paragraph 3 to read as follows:
   (3) (I) FOR THE PURPOSES OF THIS PARAGRAPH:
   (A) A "BREACH OF THE SECURITY OF THE SYSTEM" SHALL HAVE THE SAME DEFI-
 NITION AS IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  EIGHT  HUNDRED
 NINETY-NINE-AA OF THIS CHAPTER.
   (B) A "BREACHED CONSUMER CREDIT REPORTING AGENCY" SHALL MEAN A CONSUM-
 ER  CREDIT REPORTING AGENCY EXPERIENCING A BREACH OF THE SECURITY OF THE
 SYSTEM OF SUCH CONSUMER CREDIT REPORTING AGENCY WITHIN  THE  PAST  THREE
 YEARS.
   (II)  NO  CONSUMER  CREDIT  REPORTING  AGENCY  SHALL CHARGE A FEE TO A
 CONSUMER FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR  FOR  THE
 REMOVAL  OF  A  FREEZE  OR THE TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC
 PARTY OR PERIOD OF TIME, WHEN A REQUEST FOR  SUCH  PLACEMENT,  LIFT,  OR
 REMOVAL  OF A FREEZE IS MADE WITHIN THREE YEARS OF A BREACH OF THE SECU-
 RITY OF THE SYSTEM OF SUCH CONSUMER CREDIT REPORTING AGENCY.
   (III) A BREACHED CONSUMER CREDIT REPORTING AGENCY  SHALL  REIMBURSE  A
 CONSUMER FOR ANY FEE ASSESSED BY ANOTHER CONSUMER CREDIT REPORTING AGEN-
 CY FOR THE PLACEMENT OF A SECOND OR SUBSEQUENT FREEZE OR FOR THE REMOVAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S6886C - Details

Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

2017-S6886C - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

2017-S6886C - Sponsor Memo

2017-S6886C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 25, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to  the  Committee  on  Consumer
   Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to eliminating the
   payment of fees for a security freeze on a consumer credit report; and
   to repeal paragraph (g-1) of subdivision 2 of  section  65.10  of  the
   penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-t of the general business law,  as  amended  by
 chapter  279 of the laws of 2008, subdivisions (b) and (n) as separately
 amended by chapter 406 of the laws  of  2008,  and  subdivision  (g)  as
 amended  by  section  36 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   § 380-t. Security freeze. (a) A consumer may request that  a  security
 freeze  be  placed  on  his  or  her consumer credit report by sending a
 request in writing with confirmation of delivery requested or via  tele-
 phone,  secure  electronic  means,  or  other  methods  developed by the
 consumer credit reporting agency to a consumer credit  reporting  agency
 at  an  address,  telephone  number or secure website designated by such
 agency to receive such  requests.  Consumer  credit  reporting  agencies
 shall  have a secure website and a separately dedicated toll-free number
 to offer information, to  process  requests  and  deliver  the  services
 provided for under this section.
   (b) A consumer credit reporting agency that receives from a consumer a
 request  in  accordance  with  subdivision  (a)  of  this section shall,

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

co-Sponsors

2017-S6886D (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

2017-S6886D (ACTIVE) - Summary

Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency data breaches.

2017-S6886D (ACTIVE) - Sponsor Memo

2017-S6886D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6886--D
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 25, 2017
                                ___________
 
 Introduced by Sens. FUNKE, JACOBS -- read twice and ordered printed, and
   when  printed  to  be committed to the Committee on Rules -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to  the  Committee  on  Consumer
   Protection  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   consumer  credit reporting agencies from charging a fee for the place-
   ment, removal, or temporary lift of a security freeze  on  a  consumer
   credit  report;  and  to  repeal  paragraph  (g-1) of subdivision 2 of
   section 65.10 of the penal law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  380-t of the general business law, as amended by
 chapter 279 of the laws of 2008, subdivisions (b) and (n) as  separately
 amended  by  chapter  406  of  the  laws of 2008, and subdivision (g) as
 amended by section 36 of part A of chapter 62 of the laws  of  2011,  is
 amended to read as follows:
   § 380-t.  Security  freeze. (a) A consumer may request that a security
 freeze be placed on his or her  consumer  credit  report  by  sending  a
 request  in writing with confirmation of delivery requested or via tele-
 phone, secure electronic  means,  or  other  methods  developed  by  the
 consumer  credit  reporting agency to a consumer credit reporting agency
 at an address, telephone number or secure  website  designated  by  such
 agency  to  receive  such  requests.  Consumer credit reporting agencies
 shall have a secure website and a separately dedicated toll-free  number

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13493-10-8
              

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