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

§ 380-a. Definitions. As used in this article:  (a)  The term "person" means any individual, partnership, corporation, trust, estate, co-operative,  association,  government  or  governmental subdivision, agency or other entity.  (b) The term "consumer" means an individual.  (c)  (1)  The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency  bearing on  a  consumer's  credit  worthiness, credit standing, credit capacity, character, general reputation,  personal  characteristics,  or  mode  of living  which  is  used  or expected to be used or collected in whole or part for the  purpose  of  serving  as  a  factor  in  establishing  the consumer's  eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, (ii)  employment  purposes, or  (iii) other purposes authorized under section three hundred eighty-b of this article.  (2) The term  "consumer  report"  does  not  include  (i)  any  report containing  information solely as to transactions or experiences between the consumer and the person making the report, (ii) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device, or (iii) any report in  which a  person  who  has  been  requested by a third party to make a specific extension of credit directly or indirectly to  a  consumer  conveys  his decision  with  respect  to such request, if the third party advises the consumer of the name and address of the person to whom the  request  was made  and  such  person  makes  the disclosures to the consumer required under section three hundred eighty-i of this article.  (d) The term "investigative consumer report" means a  consumer  report or  portion  thereof  in  which  information  on a consumer's character, general reputation, personal  characteristics,  or  mode  of  living  is obtained   through  personal  interviews  with  neighbors,  friends,  or associates of the consumer reported on or with others with  whom  he  is acquainted  or  who  may  have  knowledge  concerning  any such items of information.   However, such  information  shall  not  include  specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information  was  obtained  directly  from a creditor of the consumer or from the consumer.  (e) The term "consumer reporting agency" means  any  person  who,  for monetary  fees,  dues,  or  on  a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or  evaluating consumer  credit  information  or other information on consumers for the purpose of furnishing consumer reports or investigative consumer reports to third parties.  (f) The term "file" when used in connection with  information  on  any consumer,  means  all  of  the information on that consumer recorded and retained  by  a  consumer  reporting  agency  regardless  of   how   the information is stored.  (g)  The  term  "employment  purposes"  when used in connection with a consumer report means a report used for  the  purpose  of  evaluating  a consumer  for  employment,  promotion,  reassignment  or retention as an employee.  (h) The term "adverse information" means information that is likely to have a negative effect upon the ability or eligibility of a consumer  to obtain  credit,  insurance,  employment,  or  other  benefits,  goods or services or information that is either wholly or  partially  responsible for increases in charges for credit or insurance.  (i)  The  term  "user"  when discussed in connection with the use of a consumer report means any person  receiving  or  requesting  a  consumer  report  or  an  investigative  consumer  report  other  than the subject thereof.  (j)  The  term  "medical  information"  means  information  or records obtained, with the consent of the individual to whom  it  relates,  from licensed  physicians  or  medical  practitioners, hospitals, clinics, or other medical or medically related facilities.  (k) The term "consumer  credit  reporting  agency"  means  a  consumer reporting agency that regularly engages in the practice of assembling or evaluating  and  maintaining,  for  the  purpose  of furnishing consumer credit  reports  to  third  parties  bearing  on  a  consumer's   credit worthiness,   credit   standing,   or  credit  capacity,  public  record information and credit account information from persons who furnish that information regularly and in the ordinary course of business.  (l)  The  term  "consumer  credit  report"  means  a  consumer  report assembled,  evaluated  or  maintained  by  a  consumer  credit reporting agency, bearing on a consumer's credit worthiness, credit  standing,  or credit capacity.  (m)  The  term  "security freeze" or "freeze" means a notice placed in the consumer credit report of or relating to a consumer, at the  request of  such  consumer and subject to certain exceptions, that prohibits the consumer credit reporting agency  from  releasing  the  consumer  credit report,  the  contents  of  such  report  or  the  credit  score of such consumer.  (n) The  term  "proper  identification"  means  information  generally deemed sufficient to identify a person.  (o) The term "protected consumer" means an individual who is under the age  of  sixteen  years  at  the  time  a request for the placement of a security freeze is made.  (p) The term "record" means a  compilation  of  information  that  (1) identifies  a  protected  consumer;  (2) is created by a consumer credit reporting agency solely for the purpose of complying with section  three hundred  eighty-u of this article; and (3) may not be created or used to consider the protected consumer's credit  worthiness,  credit  standing, credit     capacity,    character,    general    reputation,    personal characteristics, or mode of  living  for  any  purpose  listed  in  this article.  (q)  The  term  "representative"  means  a  person  who  provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer.  (r) The term "security freeze for a protected consumer" means (1) if a consumer credit reporting agency does not have a file  pertaining  to  a protected  consumer,  a restriction that: (i) is placed on the protected consumer's record in accordance with section three hundred  eighty-u  of this  article;  and  (ii) prohibits the consumer credit reporting agency from releasing the protected consumer's record  except  as  provided  in this section; or  (2) if a consumer credit reporting agency has a file pertaining to the protected  consumer,  a  restriction that (i) is placed on the protected consumer's consumer credit report in accordance with this  section;  and (ii)  prohibits  the consumer credit reporting agency from releasing the protected consumer's consumer credit report or any  information  derived from  the protected consumer's consumer credit report except as provided in this section.  (s) The term "sufficient proof of authority" means documentation  that shows  a  representative  has  authority to act on behalf of a protected consumer. "Sufficient proof of authority"  shall  include,  but  not  be limited  to,  (1)  an  order issued by a court of law; or (2) a written, notarized statement signed by a representative that expressly  describes  the  authority  of  the  representative  to act on behalf of a protected consumer.  (t) The term "sufficient proof of identification" means information or documentation  that  identifies a protected consumer or a representative of a protected consumer.  "Sufficient  proof  of  identification"  shall include,  but  not be limited to, (1) a social security number or a copy of a social security card issued by the social security  administration; (2)  a  certified or official copy of a birth certificate; or (3) a copy of a driver's license, an identification card issued by  the  department of motor vehicles, or any other government-issued photo identification.  (u) The term "members of a consumer's social network" means a group of individuals  authorized  by  a  consumer to be part of his or her social media communications and network.