Assembly Bill A5307

2019-2020 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

Sponsored By

Archive: Last Bill Status - Stricken

  • 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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2019-A5307 (ACTIVE) - Details

See Senate Version of this Bill:
S2322
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
2017-2018: A3565, S8154
2021-2022: S2808
2023-2024: S570

2019-A5307 (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.

2019-A5307 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5307
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. COLTON,
   DILAN, GIGLIO,  KIM,  McDONOUGH,  MONTESANO,  PICHARDO,  RAIA,  RAMOS,
   RODRIGUEZ,  SIMON,  WALLACE -- 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.

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