NY Gen Bus L § 380-J (2021)
2021 New York Laws GBS - General Business Article 25 - Fair Credit Reporting Act 380-J - Prohibited Information.

§  380-j.  Prohibited  information.  (a)  No consumer reporting agency shall report or maintain in the file on a consumer, information:  (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges  are  still pending,  (2) relative to a consumer's race, religion, color, ancestry or ethnic origin, or  (3) which it has reason to know is inaccurate.  (b) Notwithstanding the provisions of paragraph one of subdivision (a) of  this  section,  a  consumer  reporting agency may collect, evaluate, prepare, use or  report  information  relative  to  a  detention  of  an individual by a retail mercantile establishment, provided that:  (1) the individual has executed an uncoerced admission of wrongdoing;  (2) with respect to a detention made on or after the effective date of this   article   the  retail  mercantile  establishment  has,  prior  to transmitting to a consumer reporting agency information concerning  such detention, delivered to the individual a written notice containing:  (i)  a  statement  that the information may be furnished to a consumer reporting agency, and that such information may be reported to a  retail mercantile establishment for employment purposes,  (ii)  a  statement  that  the individual may request disclosure by the consumer reporting agency of information in the agency's  file  on  such individual,  and  that  the completeness or accuracy of such information may be disputed by the individual, and  (iii) the name and address of such consumer reporting agency; and  (3) the user of such information certifies to the  consumer  reporting agency  that  such  information  will  be  used  only in connection with employment purposes.  (c) In the event that a criminal charge is  filed  subsequent  to  the detention  described in subdivision (b) of this section, the disposition of such charge shall be recorded by the consumer reporting agency in the file on such individual upon the request of such individual and upon his furnishing proof of such disposition.  (d) No consumer reporting agency shall issue a consumer  report  which lists  a person as having been denied credit if the sole reason for such denial is lack of sufficient information to  grant  credit,  unless  the report states that the denial was for such reason.  (e)  Consumer  reporting agencies shall maintain reasonable procedures designed  to  assure  maximum  possible  accuracy  of  the   information concerning the individual about whom the report relates.  (f)  (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information.  (i) bankruptcies which, from date of adjudication of the  most  recent bankruptcy, antedate the report by more than fourteen years;  (ii) judgements which, from date of entry, antedate the report by more than  seven  years  or  until  the  governing statute of limitations has expired, whichever is the longer period; or judgments which,  from  date of  entry,  having  been  satisfied  within a five year period from such entry date, shall be removed from the report five years after such entry date;  (iii) paid tax liens which, from date of payment, antedate the  report by  more  than  seven  years  or,  a paid, satisfied or vacated tax lien involving a purchaser, transferee or assignee in a bulk sale transaction who has been deemed liable by the state tax commission for  sales  taxes due  from  a  seller,  transferrer  or assignor under subdivision (c) of section eleven hundred forty-one of the tax law, where the receipt by  a credit reporting agency from such purchaser, transferee or assignee of a  notice,  or  true  copy  thereof,  from the state tax commission to such purchaser, transferee or assignee that his  liability  has  been  wholly paid or satisfied or no longer exists, antedates the report by more than thirty days;  (iv)  accounts  placed  for  collection  or charged to profit and loss which antedate the report by more than seven years; or  accounts  placed for  collection  or charged to profit and loss, which have been paid and which antedate the report by more than five years;  (v) records of conviction of crime which, from  date  of  disposition, release, or parole, antedate the report by more than seven years;  (vi)  information regarding drug or alcoholic addiction where the last reported incident relating to  such  addiction  antedates  the  consumer report or investigative consumer report by more than seven years;  (vii) information relating to past confinement in a mental institution where  the  date  of  last confinement antedates the report by more than seven years; or  (viii) any other adverse information which  antedates  the  report  by more than seven years.  (2) The provisions of this subdivision shall not apply to:  (i)  a  credit  transaction  involving,  or  which  may  reasonably be expected to involve, a principal amount of  fifty  thousand  dollars  or more;  (ii)  the  underwriting  of  life  insurance  involving,  or which may reasonably be expected to involve,  a  face  amount  of  fifty  thousand dollars or more; or  (iii)  the  employment  of  any  individual  at an annual salary which equals, or  which  may  reasonably  be  expected  to  equal  twenty-five thousand dollars, or more.  (g)  No  consumer reporting agency shall collect, evaluate, report, or maintain in the file on a  consumer  any  results,  opinions,  analyses, transcripts  or  information  of  any  nature concerning, related to, or derived from a polygraph examination, an examination by  any  device  or instrument  of  any  type  used  to test or question individuals for the purpose of detecting deception,  verifying  truthfulness,  or  measuring deceptive   tendencies,   or  the  questioning  or  interviewing  of  an individual by the examiner prior to or after such an examination.  (h) No consumer reporting agency shall collect, evaluate,  report,  or maintain  in  the  file  on  a  consumer  the  credit worthiness, credit standing or credit capacity of members of the consumer's social  network for  purposes  of determining the credit worthiness of the consumer; the average credit worthiness, credit standing or credit capacity of members of the consumer's social network; or any group score  that  is  not  the consumer's  own  credit  worthiness, credit standing or credit capacity. The provisions of this subdivision shall be enforced concurrently by the superintendent of financial services and the director of the division of consumer protection and each shall utilize their consumer complaint  and assistance hotlines to document complaints by consumers who believe that group  credit  ratings  of  their social media network are being used to deny them credit.