NY Gen Bus L § 380-U (2021)
2021 New York Laws GBS - General Business Article 25 - Fair Credit Reporting Act 380-U - Security Record Freeze for Protected Minors.

§  380-u.  Security record freeze for protected minors. (a) A consumer credit reporting agency shall place a security freeze  for  a  protected consumer if:  (1)  The  consumer credit reporting agency receives a request from the protected consumer's representative for the placement  of  the  security freeze under this section; and  (2) The protected consumer's representative (i) submits the request to the  consumer  credit  reporting agency at the address or other point of contact and in the manner specified by  the  consumer  credit  reporting agency; (ii) provides to the consumer credit reporting agency sufficient proof   of   identification   of   the   protected   consumer   and  the representative; (iii) provides to the consumer credit  reporting  agency sufficient  proof  of  authority  to  act  on  behalf  of  the protected consumer; and (iv) pays to the consumer credit reporting agency  a  fee, if any, as provided in this section.  (b)  If  a  consumer  credit  reporting  agency  does  not have a file pertaining to a protected consumer when the  consumer  credit  reporting agency  receives  a  request  under subdivision (a) of this section, the consumer credit reporting agency shall create a record for the protected consumer.  (c) Within thirty days  after  receiving  a  request  that  meets  the requirements  of  paragraph  two  of  subdivision (a) of this section, a consumer credit reporting agency shall place a security freeze  for  the protected  consumer  on the record created for the protected consumer or on the file pertaining to the protected consumer in the event  that  the consumer reporting agency already has a file pertaining to the protected consumer.  (d)  Unless  a  security freeze for a protected consumer is removed in accordance with this section, a consumer credit reporting agency may not release the protected consumer's consumer credit report, any information derived from the protected consumer's consumer  report,  or  any  record created for the protected consumer.  (e)  A  security  freeze  for  a  protected consumer placed under this section shall remain in effect until:  (1) The protected consumer or the protected consumer's  representative requests  the  consumer  credit  reporting agency to remove the security freeze for a protected consumer in accordance with  subdivision  (f)  of this section; or  (2)  The security freeze is removed in accordance with subdivision (i) of this section.  (f) If a protected consumer or a protected  consumer's  representative wishes  to  remove  a  security  freeze  for the protected consumer, the protected consumer or the protected consumer's representative shall:  (1) Submit a request for the removal of the  security  freeze  to  the consumer  credit  reporting  agency  at  the  address  or other point of contact and in the manner specified by  the  consumer  credit  reporting agency;  (2)  Provide  to the consumer credit reporting agency: (i) in the case of a request by the protected consumer: (A) proof  that  the  sufficient proof of authority for the protected consumer's representative to act on behalf  of  the  protected  consumer  is  no  longer  valid  or that the protected consumer has attained the age of sixteen; and  (B)  sufficient proof  of  identification of the protected consumer; or (ii) in the case of a  request  by  the  representative  of  a  protected  consumer:  (A) sufficient  proof  of  identification  of the protected consumer and the representative; and (B) sufficient proof of authority to act  on  behalf of  the  protected  consumer;  and  (C)  payment  to the consumer credit  reporting agency of a fee, if any, as provided  in  subdivision  (h)  of this section.  (g)  Within  thirty  days  after  receiving  a  request that meets the requirements of subdivision (f) of this  section,  the  consumer  credit reporting  agency  shall  remove  the  security freeze for the protected consumer.  (h)(1) A consumer credit reporting agency may charge a reasonable fee, not exceeding fifteen dollars,  for  each  placement  or  removal  of  a security freeze for a protected consumer as provided for in subparagraph (iv)  of  paragraph two of subdivision (a) or clause (C) of subparagraph (ii) of paragraph two of subdivision (f) of  this  section.  A  consumer credit  reporting  agency  shall  not charge a fee for any other service performed under this section.  (2) Notwithstanding paragraph one  of  this  subdivision,  a  consumer credit  reporting  agency  may not charge any fee under this section if; (i) the protected consumer's representative: (A) has obtained  a  report of  alleged  identity theft or fraud against the protected consumer; and (B) provides a copy of the  report  to  the  consumer  credit  reporting agency;  or  (ii)  the  consumer  credit reporting agency has a consumer credit report pertaining to the protected consumer.  (i) A consumer credit reporting agency shall remove a security  freeze for a protected consumer, or delete a record of a protected consumer, if the  security  freeze  was  placed  or the record was created based on a material misrepresentation of fact by  the  protected  consumer  or  the protected consumer's representative.  (j) This section does not apply to:  (1)  A  person  administering  a  credit  file monitoring subscription service to which: (i) the protected consumer has subscribed; or (ii) the representative of the protected consumer has subscribed on behalf of the protected consumer;  (2) A  person  providing  the  protected  consumer  or  the  protected consumer's  representative  with  a  copy  of  the  protected consumer's consumer credit report upon the request of the protected consumer or the protected consumer's representative;  (3)(i)  An  entity  listed  in  paragraphs  three  through  eight   of subdivision  (m) of section three hundred eighty-t of this article; (ii) an entity listed in subdivision (p) of section three hundred eighty-t of this article; or (iii) a consumer credit reporting agency's database  or file  that consists of information concerning, and used for, one or more of the following:  criminal  record  information,  fraud  prevention  or detection, personal loss history information, and employment, tenant, or background screening.  (k)  Notwithstanding  any other provision of law, the exclusive remedy for a violation of this section shall be in an action commenced  by  the attorney general.