S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2938
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. DILAN -- 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-v of the general business law, as relettered by
 chapter 441 of the laws of 2014, is relettered 380-aa and a new  section
 380-v is added to read as follows:
   § 380-V. 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
 KNOWLEDGE  AND  BELIEF  OF  THE PERSON   SUBMITTING THE CERTIFICATION. A
 PERSON SUBMITTING SUCH CERTIFICATION WHO DECLARES AS TRUE  ANY  MATERIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04749-01-9

 A. 2938                             2
 
 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)
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.