N.Y. GBS Law § 380-A — New York Code / Act GBS / Article 25 / Section 380-A
Definitions
Status: in_force

§ 380-a. Definitions. As used in this article:\n  (a) The term "person" means any individual, partnership, corporation,\ntrust, estate, co-operative, association, government or governmental\nsubdivision, agency or other entity.\n  (b) The term "consumer" means an individual.\n  (c) (1) The term "consumer report" means any written, oral, or other\ncommunication of any information by a consumer reporting agency bearing\non a consumer's credit worthiness, credit standing, credit capacity,\ncharacter, general reputation, personal characteristics, or mode of\nliving which is used or expected to be used or collected in whole or\npart for the purpose of serving as a factor in establishing the\nconsumer's eligibility for (i) credit or insurance to be used primarily\nfor personal, family, or household purposes, (ii) employment purposes,\nor (iii) other purposes authorized under section three hundred eighty-b\nof this article.\n  (2) The term "consumer report" does not include (i) any report\ncontaining information solely as to transactions or experiences between\nthe consumer and the person making the report, (ii) any authorization or\napproval of a specific extension of credit directly or indirectly by the\nissuer of a credit card or similar device, or (iii) any report in which\na person who has been requested by a third party to make a specific\nextension of credit directly or indirectly to a consumer conveys his\ndecision with respect to such request, if the third party advises the\nconsumer of the name and address of the person to whom the request was\nmade and such person makes the disclosures to the consumer required\nunder section three hundred eighty-i of this article.\n  (d) The term "investigative consumer report" means a consumer report\nor portion thereof in which information on a consumer's character,\ngeneral reputation, personal characteristics, or mode of living is\nobtained through personal interviews with neighbors, friends, or\nassociates of the consumer reported on or with others with whom he is\nacquainted or who may have knowledge concerning any such items of\ninformation.  However, such information shall not include specific\nfactual information on a consumer's credit record obtained directly from\na creditor of the consumer or from a consumer reporting agency when such\ninformation was obtained directly from a creditor of the consumer or\nfrom the consumer.\n  (e) The term "consumer reporting agency" means any person who, for\nmonetary fees, dues, or on a cooperative nonprofit basis, regularly\nengages in whole or in part in the practice of assembling or evaluating\nconsumer credit information or other information on consumers for the\npurpose of furnishing consumer reports or investigative consumer reports\nto third parties.\n  (f) The term "file" when used in connection with information on any\nconsumer, means all of the information on that consumer recorded and\nretained by a consumer reporting agency regardless of how the\ninformation is stored.\n  (g) The term "employment purposes" when used in connection with a\nconsumer report means a report used for the purpose of evaluating a\nconsumer for employment, promotion, reassignment or retention as an\nemployee.\n  (h) The term "adverse information" means information that is likely to\nhave a negative effect upon the ability or eligibility of a consumer to\nobtain credit, insurance, employment, or other benefits, goods or\nservices or information that is either wholly or partially responsible\nfor increases in charges for credit or insurance.\n  (i) The term "user" when discussed in connection with the use of a\nconsumer report means any person receiving or requesting a consumer\nreport or an investigative consumer report other than the subject\nthereof.\n  (j) The term "medical information" means information or records\nobtained, with the consent of the individual to whom it relates, from\nlicensed physicians or medical practitioners, hospitals, clinics, or\nother medical or medically related facilities.\n  (k) The term "consumer credit reporting agency" means a consumer\nreporting agency that regularly engages in the practice of assembling or\nevaluating and maintaining, for the purpose of furnishing consumer\ncredit reports to third parties bearing on a consumer's credit\nworthiness, credit standing, or credit capacity, public record\ninformation and credit account information from persons who furnish that\ninformation regularly and in the ordinary course of business.\n  (l) The term "consumer credit report" means a consumer report\nassembled, evaluated or maintained by a consumer credit reporting\nagency, bearing on a consumer's credit worthiness, credit standing, or\ncredit capacity.\n  (m) The term "security freeze" or "freeze" means a notice placed in\nthe consumer credit report of or relating to a consumer, at the request\nof such consumer and subject to certain exceptions, that prohibits the\nconsumer credit reporting agency from releasing the consumer credit\nreport, the contents of such report or the credit score of such\nconsumer.\n  (n) The term "proper identification" means information generally\ndeemed sufficient to identify a person.\n  (o) The term "protected consumer" means an individual who is under the\nage of eighteen years at the time a request for the placement of a\nsecurity freeze is made.\n  (p) The term "record" means a compilation of information that (1)\nidentifies a protected consumer; (2) is created by a consumer credit\nreporting agency solely for the purpose of complying with section three\nhundred eighty-u of this article; and (3) may not be created or used to\nconsider the protected consumer's credit worthiness, credit standing,\ncredit capacity, character, general reputation, personal\ncharacteristics, or mode of living for any purpose listed in this\narticle.\n  (q) The term "representative" means a person who provides to a\nconsumer credit reporting agency sufficient proof of authority to act on\nbehalf of a protected consumer.\n  (r) The term "security freeze for a protected consumer" means (1) if a\nconsumer credit reporting agency does not have a file pertaining to a\nprotected consumer, a restriction that: (i) is placed on the protected\nconsumer's record in accordance with section three hundred eighty-u of\nthis article; and (ii) prohibits the consumer credit reporting agency\nfrom releasing the protected consumer's record except as provided in\nthis section; or\n  (2) if a consumer credit reporting agency has a file pertaining to the\nprotected consumer, a restriction that (i) is placed on the protected\nconsumer's consumer credit report in accordance with this section; and\n(ii) prohibits the consumer credit reporting agency from releasing the\nprotected consumer's consumer credit report or any information derived\nfrom the protected consumer's consumer credit report except as provided\nin this section.\n  (s) The term "sufficient proof of authority" means documentation that\nshows a representative has authority to act on behalf of a protected\nconsumer. "Sufficient proof of authority" shall include, but not be\nlimited to, (1) an order issued by a court of law; or (2) a written,\nnotarized statement signed by a representative that expressly describes\nthe authority of the representative to act on behalf of a protected\nconsumer.\n  (t) The term "sufficient proof of identification" means information or\ndocumentation that identifies a protected consumer or a representative\nof a protected consumer. "Sufficient proof of identification" shall\ninclude, but not be limited to, (1) a social security number or a copy\nof a social security card issued by the social security administration;\n(2) a certified or official copy of a birth certificate; or (3) a copy\nof a driver's license, an identification card issued by the department\nof motor vehicles, or any other government-issued photo identification.\n  (u) The term "members of a consumer's social network" means a group of\nindividuals authorized by a consumer to be part of his or her social\nmedia communications and network.\n  (v) The term "medical debt" means any obligation or alleged obligation\nof a consumer to pay any amount whatsoever related to the receipt of\nhealth care services, products, or devices provided to a person by a\nhospital licensed under article twenty-eight of the public health law, a\nhealth care professional authorized under title eight of the education\nlaw, or an ambulance service certified under article thirty of the\npublic health law. Medical debt does not include debt charged to a\ncredit card unless the credit card is issued under an open-ended or\nclosed-ended plan offered specifically for the payment of health care\nservices, products, or devices provided to a person.\n  (w) The term "consumer credit history" means an individual's credit\nworthiness, credit standing, credit capacity or payment history, as\nindicated by:\n  (1) a consumer credit report;\n  (2) credit score; or\n  (3) information an employer obtains directly from the individual\nregarding (i) details about credit accounts, including the individual's\nnumber of credit accounts, late or missed payments, charged-off debts,\nitems in collections, credit limit or prior credit report inquiries, or\n(ii) bankruptcies, judgments or liens.\n  A consumer credit report shall include any written or other\ncommunication of any information by a consumer reporting agency that\nbears on a consumer's creditworthiness, credit standing, credit capacity\nor credit history.\n  (x) The term "employer" means any individual, partnership, corporation\nor association engaged in a business who has employees including the\nstate and its political subdivisions.\n