2023 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.
(v) The term "medical debt" means any obligation or alleged obligation
of a consumer to pay any amount whatsoever related  to  the  receipt  of
health  care  services,  products,  or  devices  provided  by a hospital
licensed under article twenty-eight of the public health law,  a  health
care  professional authorized under title eight of the education law, or
an ambulance service certified under article thirty of the public health
law.