2023 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,
(3) relative to a medical debt as defined in this statute; or
(4) 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;
(viii) information relating to a medical debt regardless of  the  date
it was incurred; or
(ix)  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.