reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 23-B - Transactions With or by Fiduciaries › 359-L - Deposit of Moneys by Fiduciary.

§  359-l.  Deposit  of  moneys  by  fiduciary.  If a fiduciary makes a
  deposit in a bank to his personal credit of checks drawn by him upon  an
  account  against  which  he  is  empowered to sign as a fiduciary, or of
  checks drawn by him upon an account in the name of his principal  if  he
  is empowered to draw checks thereon, the bank receiving such deposit may
  assume,  if  acting  in  good  faith and without actual knowledge to the
  contrary, that the funds so deposited by  the  fiduciary  are  funds  to
  which  the  fiduciary  is personally entitled. Nothing contained in this
  section shall be deemed to modify or otherwise affect any  provision  of
  section  ninety-five  of  the negotiable instruments law, nor to relieve
  such bank from any liability imposed upon it by law to the extent of any
  payment or amount which such bank may receive for its benefit  from  any
  withdrawal or application of such funds so deposited.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-A - Registrability.

§  360-a. Registrability. A mark by which the goods or services of any
applicant for registration  may  be  distinguished  from  the  goods  or
services of others shall not be registered if it:
(a)  consists of or comprises immoral, deceptive or scandalous matter;
or
(b) consists of or comprises matter which  may  disparage  or  falsely
suggest  a  connection  with  persons,  living  or  dead,  institutions,
beliefs, or national symbols, or bring them into contempt, or disrepute;
or
(c) consists of or comprises  the  flag  or  coat  of  arms  or  other
insignia  of  the  United States, or of any state or municipality, or of
any foreign nation, or any simulation thereof; or
(d)  consists  of  or  comprises  the  name,  signature  or   portrait
identifying  a  particular living individual, except by the individual's
written consent; or
(e) consists of a mark which, (1) when used on or in  connection  with
the  goods  or  services  of  the  applicant,  is  merely descriptive or
deceptively misdescriptive of them, or (2) when used on or in connection
with the goods or services of the applicant is primarily  geographically
descriptive  or  deceptively misdescriptive of them, or (3) is primarily
merely a surname, provided, however, that nothing  in  this  subdivision
shall prevent the registration of a mark used by the applicant which has
become  distinctive  of the applicant's goods or services. The secretary
may accept as evidence that the mark has become distinctive, as used  on
or  in  connection  with  the  applicant's  goods  or services, proof of
continuous use thereof as a mark by, the applicant in this state for the
five years before the date on which  the  claim  of  distinctiveness  is
made; or
(f)  consists  of  or  comprises  a  mark  which  so  resembles a mark
registered in this state or a mark or  trade  name  previously  used  by
another  and  not  abandoned,  as  to  be  likely,  when  used  on or in
connection with the  goods  or  services  of  the  applicant,  to  cause
confusion or mistake or to deceive.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-B - Application for Registration.

§  360-b. Application for registration. Subject to the limitations set
forth in this article, any person who uses a mark may file in the office
of the secretary, in a manner complying with  the  requirements  of  the
secretary,  an  application for registration of that mark setting forth,
but not limited to, the following information:
(a) the name and business address of  the  person  applying  for  such
registration; and, if a corporation, the state of incorporation, or if a
partnership,  the  state  in  which the partnership is organized and the
names of the general partners, as specified by the secretary,
(b) the goods or services on or in connection with which the  mark  is
used  and  the  mode  or  manner  in  which  the  mark  is used on or in
connection with such goods or services and the class in which such goods
or services fall,
(c) the date when the mark was first used anywhere and the  date  when
it  was  first  used  in this state by the applicant or a predecessor in
interest, and
(d) a statement that the applicant is the owner of the mark, that  the
mark  is  in use, and that, to the knowledge of the person verifying the
application, no other person has registered, either federally or in this
state, or has the right to use such mark either in  the  identical  form
thereof  or  in  such  near  resemblance  thereto  as to be likely, when
applied to the  goods  or  services  of  such  other  person,  to  cause
confusion, or to cause mistake, or to deceive.
The   secretary  may  also  require  a  statement  as  to  whether  an
application to register the mark, or portions or  a  composite  thereof,
has  been  filed  by  the  applicant or a predecessor in interest in the
United States Patent and Trademark Office; and,  if  so,  the  applicant
shall provide full particulars with respect thereto including the filing
date  and  serial number of each application, the status thereof and, if
any application was finally refused registration or  has  otherwise  not
resulted in a registration, the reasons therefor.
The  secretary  may also require that a drawing of the mark, complying
with such requirements as  the  secretary  may  specify,  accompany  the
application.
The  application  shall be signed and verified by oath, affirmation or
declaration subject to perjury laws by the applicant or by a  member  of
the firm or an officer of the corporation or association applying.
The  application  shall  be accompanied by three specimens showing the
mark as actually used.
The application shall be accompanied by the application fee payable to
the secretary of state.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-C - Filing of Applications.

§ 360-c. Filing of applications. (a) Upon the filing of an application
for  registration  and payment of the application fee, the secretary may
cause the application to be examined for conformity with this article.
(b) The applicant shall provide any additional  pertinent  information
requested  by the secretary including a description of a design mark and
may make, or authorize the secretary to make,  such  amendments  to  the
application as may be reasonably requested by the secretary or deemed by
the applicant to be advisable to respond to any rejection or objection.
(c)   The   secretary   may  require  the  applicant  to  disclaim  an
unregistrable  component  of  a  mark  otherwise  registrable,  and   an
applicant  may  voluntarily  disclaim a component of a mark sought to be
registered. No disclaimer shall prejudice or affect the  applicant's  or
registrant's   rights   then  existing  or  thereafter  arising  in  the
disclaimed  matter,  or  the  applicant's  or  registrant's  rights   of
registration on another application if the disclaimed matter be or shall
have  become  distinctive  of  the  applicant's or registrant's goods or
services.
(d) Amendments may be made  by  the  secretary  upon  the  application
submitted  by  the  applicant  upon  applicant's  agreement;  or a fresh
application may be required to be submitted.
(e) If the applicant is found not to be entitled to registration,  the
secretary  shall  advise  the  applicant  thereof  and  of  the  reasons
therefor. The applicant shall have a reasonable period of time specified
by the secretary in which to reply or to amend the application, in which
event the application shall then be reexamined.  This procedure  may  be
repeated  until  (1)  the  secretary finally refuses registration of the
mark or (2) the applicant fails to reply or amend within  the  specified
period,   whereupon  the  application  shall  be  deemed  to  have  been
abandoned.
(f) If the secretary finally refuses registration  of  the  mark,  the
applicant may commence a proceeding pursuant to article seventy-eight of
the   civil  practice  law  and  rules  for  an  order  to  compel  such
registration.   Such writ may be  granted,  but  without  costs  to  the
secretary,  on proof that all the statements in the application are true
and that the mark is otherwise entitled to registration.
(g) In the instance of applications concurrently  being  processed  by
the  secretary  seeking  registration of the same or confusingly similar
marks for the same or related goods or  services,  the  secretary  shall
grant priority to the applications in order of filing.  If a prior-filed
application   is  granted  a  registration,  the  other  application  or
applications shall then be rejected. Any rejected applicant may bring an
action for cancellation of the registration upon  grounds  of  prior  or
superior  rights  to the mark, in accordance with the provisions of this
article.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-D - Certificate of Registration.

§ 360-d. Certificate of registration. Upon compliance by the applicant
  with  the  requirements  of  this  article,  the secretary shall cause a
  certificate of registration to be issued and delivered to the applicant.
  The certificate of registration shall be issued under the  signature  of
  the  secretary and the seal of the state, and it shall show the name and
  business address and, if a corporation, the state of  incorporation,  or
  if  a  partnership,  the state in which the partnership is organized and
  the names of the general partners, as specified by the secretary, of the
  person claiming ownership of the mark, the date claimed  for  the  first
  use  of  the mark anywhere and the date claimed for the first use of the
  mark in this state, the class of goods or services and a description  of
  the goods or services on or in connection with which the mark is used, a
  reproduction  of  the  mark,  the  registration date and the term of the
  registration.  Any certificate of registration issued by  the  secretary
  under  the  provisions  hereof  or  a copy thereof duly certified by the
  secretary shall be admissible in evidence as  competent  and  sufficient
  proof  of  the  registration  of  such  mark  in any actions or judicial
  proceedings in any court of this state.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-E - Duration and Renewal.

§  360-e. Duration and renewal. A registration of mark hereunder shall
  be effective for a term of ten years from the date of registration  and,
  upon application filed within six months prior to the expiration of such
  term,  in a manner complying with the requirements of the secretary, the
  registration may be renewed for a like term from the end of the expiring
  term. A renewal fee, payable  to  the  secretary,  shall  accompany  the
  application  for  renewal  of  the  registration.  A registration may be
  renewed for  successive  periods  of  ten  years  in  like  manner.  Any
  registration  in  force  on  the date on which this article shall become
  effective shall continue in full force and effect for the unexpired term
  thereof and may be renewed by filing an application for renewal with the
  secretary complying with the requirements of the  secretary  and  paying
  the  aforementioned  renewal fee therefor within six months prior to the
  expiration of the registration.  All applications for renewal under this
  article,  whether  of  registrations  made  under  this  article  or  of
  registrations  effected  under  any  prior law, shall include a verified
  statement that the mark has been and is  still  in  use  and  include  a
  specimen  showing  actual  use  of the mark on or in connection with the
  goods or services.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-F - Assignments, Changes of Name and Other Instruments.

§  360-f.  Assignments, changes of name and other instruments. (a) Any
mark and its registration hereunder shall be assignable  with  the  good
will of the business in which the mark is used, or with that part of the
good  will  of  the business connected with the use of and symbolized by
the mark. Assignment shall be by instruments in  writing  duly  executed
and may be recorded with the secretary upon the payment of the recording
fee  payable  to  the  secretary  who, upon recording of the assignment,
shall issue in the name of  the  assignee  a  new  certificate  for  the
remainder  of  the  term  of  the  registration  or  of the last renewal
thereof. An assignment of any registration under this article  shall  be
void  as  against  any  subsequent  purchaser for valuable consideration
without notice, unless it is recorded with the  secretary  within  three
months after the date thereof or prior to such subsequent purchase.
(b)  Any registrant or applicant effecting a change of the name of the
person to whom the mark was issued or for whom an application was  filed
may  record  a  certificate  of  change  of  name  of  the registrant or
applicant with the secretary upon the payment of the recording fee.  The
secretary may issue in  the  name  of  the  assignee  a  certificate  of
registration  of an assigned application. The secretary may issue in the
name of  the  assignee,  a  new  certificate  or  registration  for  the
remainder of the term of the registration or last renewal thereof.
(c) Other instruments which relate to a mark registered or application
pending  pursuant to this article, such as, by way of example, licenses,
security interests or mortgages, may be recorded in  the  discretion  of
the  secretary,  provided  that  such  instrument is in writing and duly
executed.
(d) Acknowledgement shall be prima facie evidence of the execution  of
an  assignment  or other instrument and, when recorded by the secretary,
the record shall be prima facie evidence of execution.
(e) A photocopy of any instrument referred to in subdivision (a),  (b)
or  (c)  of  this  section,  shall  be  accepted  for recording if it is
certified by any of the parties thereto, or their successors,  to  be  a
true and correct copy of the original.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-H - Cancellation.

§  360-h.  Cancellation. The secretary shall cancel from the register,
in whole or in part:
(a) any registration concerning which the secretary  shall  receive  a
voluntary  request  for  cancellation thereof from the registrant or the
assignee of record;
(b) all registrations granted under this article and  not  renewed  in
accordance with the provisions hereof;
(c)   any   registration   concerning   which  a  court  of  competent
jurisdiction shall find:
(1) that the registered mark has been abandoned,
(2) that the registrant is not the owner of the mark,
(3) that the registration was granted improperly,
(4) that the registration was obtained fraudulently,
(5) that the mark is or has become the generic name for the  goods  or
services, or a portion thereof, for which it has been registered,
(6)  that  the registered mark is so similar, as to be likely to cause
confusion or mistake or to deceive, to  a  mark  registered  by  another
person  in  the  United  States Patent and Trademark Office prior to the
date of the filing of the application for registration by the registrant
hereunder, and  not  abandoned;  provided,  however,  that,  should  the
registrant  prove  that  the  registrant  is  the  owner of a concurrent
registration of a mark in the United States Patent and Trademark  Office
covering  an area including this state, the registration hereunder shall
not be cancelled for such area of the state, or
(d) when a court of competent jurisdiction shall order cancellation of
a registration on any ground.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-I - Classification.

§ 360-i. Classification. The secretary shall by regulation establish a
  classification  of  goods and services for convenience of administration
  of this  article,  but  not  to  limit  or  extend  the  applicant's  or
  registrant's rights, and a single application for registration of a mark
  may  include  any  or  all goods upon which, or services with which, the
  mark is actually being used indicating the appropriate class or  classes
  of  goods  or  services.    When  a single application includes goods or
  services which fall within multiple classes, the secretary  may  require
  payment  of  a  fee  for  each  class.  To  the  extent  practical,  the
  classification  of  goods   and   services   should   conform   to   the
  classification adopted by the United States Patent and Trademark Office.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-J - Fraudulent Registration.

§  360-j. Fraudulent registration. Any person who shall for himself or
  herself, or on behalf  of  any  other  person,  procure  the  filing  or
  registration  of  any  mark  in  the  office  of the secretary under the
  provisions  hereof,  by  knowingly  making  any  false   or   fraudulent
  representation  or  declaration,  orally  or in writing, or by any other
  fraudulent means, shall be  liable  to  pay  all  damages  sustained  in
  consequence  of  such  filing  or registration, to be recovered by or on
  behalf  of  the  party  injured  thereby  in  any  court  of   competent
  jurisdiction.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-K - Infringement.

§  360-k. Infringement. Subject to the provisions of this section, any
person who shall:
(a) use, without the consent  of  the  registrant,  any  reproduction,
counterfeit,  copy,  or  colorable  imitation of a mark registered under
this article in connection with the  sale,  distribution,  offering  for
sale,  or  advertising of any goods or services on or in connection with
which such use is likely to cause confusion or mistake or to deceive  as
to the source of origin of such goods or services; or
(b)  reproduce,  counterfeit,  copy or colorably imitate any such mark
and apply such reproduction, counterfeit, copy or colorable imitation to
labels,   signs,   prints,   packages,   wrappers,    receptacles,    or
advertisements  intended  to be used upon or in connection with the sale
or other distribution in this state of such goods or services; shall  be
liable  in  a  civil  action  by  the  registrant for any and all of the
remedies provided in section three  hundred  sixty-l  of  this  article,
except  that under this subdivision the registrant shall not be entitled
to recover profits or damages unless the acts have been  committed  with
the intent to cause confusion or mistake or to deceive.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-L - Injury to Business Reputation; Dilution.

§ 360-l. Injury to business reputation; dilution. Likelihood of injury
  to  business  reputation  or of dilution of the distinctive quality of a
  mark or trade name shall be a ground for injunctive relief in  cases  of
  infringement  of  a  mark  registered  or  not registered or in cases of
  unfair competition, notwithstanding the absence of  competition  between
  the  parties  or  the  absence of confusion as to the source of goods or
  services.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-N - Forum for Actions Regarding Registration; Service on Out of State Registrants.

§  360-n.  Forum for actions regarding registration; service on out of
state registrants.  (a)  Actions  to  require  cancellation  of  a  mark
registered   pursuant   to   this  article  or  in  mandamus  to  compel
registration of a mark pursuant to this article shall be brought in  the
supreme  court.  In an action in mandamus, the proceeding shall be based
solely  upon  the  record  before  the  secretary.  In  an  action   for
cancellation,  the secretary shall not be made a party to the proceeding
but shall be notified of the filing of the complaint by the clerk of the
court in which it is filed and shall be given the right to intervene  in
the action.
(b)  In  any action brought against a non-resident registrant, service
may be  effected  upon  the  secretary  as  agent  for  service  of  the
registrant  in  accordance  with  the procedures established for service
upon non-resident corporations and business entities.
2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-Q - Rules and Regulations.

§  360-q.  Rules and regulations. The secretary of state may from time
  to time make regulations for carrying into effect the provisions of this
  article provided, however, that such supplementary regulations shall  be
  strictly  limited  in  their  application  to  the  means and methods of
  compliance with the provisions of  this  article  to  which  such  power
  relates.
2023 New York Laws › GBS - General Business › Article 24-A - Fair Trade Law › 369-A - Price-Fixing Prohibited.

§ 369-a. Price-fixing prohibited. Any contract provision that purports
  to  restrain  a  vendee  of a commodity from reselling such commodity at
  less than the price stipulated by the vendor or producer  shall  not  be
  enforceable or actionable at law.
2023 New York Laws › GBS - General Business › Article 24-A - Fair Trade Law › 369-B - Manufacturer's Warranty and Guarantee.

§ 369-b. Manufacturer's warranty and guarantee.
A  warranty  or  guarantee  of  merchandise  may  not  be limited by a
  manufacturer doing business in this state solely  for  the  reason  that
  such  merchandise is sold by a particular dealer or dealers, or that the
  dealer who sold the merchandise at retail has, since the date  of  sale,
  either  gone  out  of  business or no longer sells such merchandise. Any
  attempt to limit  the  manufacturer's  warranty  or  guarantee  for  the
  aforesaid reason is void.
2023 New York Laws › GBS - General Business › Article 24-A - Fair Trade Law › 369-D - Effect of Partial Invalidity.

§  369-d.  Effect  of  partial  invalidity.  If  any provision of this
  article is declared unconstitutional it is the intent of the legislature
  that the remaining portions thereof shall not be affected but that  such
  remaining portions remain in full force and effect.
2023 New York Laws › GBS - General Business › Article 24-A - Fair Trade Law › 369-EEE - Telecommunication-Related and Energy-Related Prohibitions as to Prize Boxes.

§  369-eee.  Telecommunication-related and energy-related prohibitions
  as to prize boxes. 1. No box or container used to  collect  entries  for
  sweepstakes  or  a  contest  may,  at  the same time, be used to collect
  letters  of   authorization   or   other   documents   that   constitute
  authorizations  by  consumers  to  change  their  primary  long distance
  carriers or to receive or purchase natural gas, electric service, or any
  other telecommunication services.
2.  Enforcement  by  attorney  general.  Whenever  there  shall  be  a
  violation  of  this  article,  application  may  be made by the attorney
  general in the name of the people of the state of New York to a court or
  justice  having  jurisdiction  by  a  special  proceeding  to  issue  an
  injunction, and upon notice to the defendant of not less than five days,
  to  enjoin  and  restrain  the  continuance of such violation; and if it
  shall appear to the satisfaction  of  the  court  or  justice  that  the
  defendant  has,  in  fact,  violated  this article, an injunction may be
  issued by such court or justice, enjoining and restraining  any  further
  violation,  without  requiring  proof that any person has, in fact, been
  injured or damaged thereby. In any such proceeding, the court  may  make
  allowances  to  the  attorney  general  as  provided in paragraph six of
  subdivision (a) of section  eighty-three  hundred  three  of  the  civil
  practice law and rules, and direct restitution. Whenever the court shall
  determine  that  a violation of this article has occurred, the court may
  impose a civil penalty of not more than one thousand  dollars  for  each
  violation.  In  connection  with  any  such  proposed  application,  the
  attorney general is authorized to take proof and make a determination of
  the relevant fact and to issue subpoenas in accordance  with  the  civil
  practice law and rules.
2023 New York Laws › GBS - General Business › Article 24-C - Tax Preparers › 371 - Definitions.

§ 371. Definitions. For the purposes of this article:
(a) "Facilitator" means a person who individually or in conjunction or
cooperation   with  another  person:  (i)  solicits  the  execution  of,
processes, receives, or accepts an application or agreement for a refund
anticipation loan or refund anticipation check; (ii) serves or  collects
upon  a  refund anticipation loan or refund anticipation check; or (iii)
in any other manner that facilitates the making of a refund anticipation
loan or refund anticipation check. This term excludes any employees of a
facilitator who  provide  only  clerical  or  other  comparable  support
services to such facilitator.
(b)   "Tax  preparer"  or  "preparer"  means  a  person,  partnership,
corporation or other business entity, that in exchange for consideration
advises or assists or offers to advise or assist in the  preparation  of
income tax returns for another.
(c)  "Refund  anticipation check" means a check, stored value card, or
other payment mechanism: (i) representing the proceeds of a tax  refund;
(ii)  which  was issued by a depository institution or other person that
received a direct deposit of the tax refund or tax  credits;  and  (iii)
for  which  a  fee or other consideration has been paid for such payment
mechanism.
(d) "Refund anticipation loan" means a loan that is secured by or that
the creditor arranges to be  repaid  directly  or  indirectly  from  the
proceeds  of  an income tax refund or tax credits. A refund anticipation
loan also includes any sale, assignment, or purchase of tax refund at  a
discount  or  for  a  fee,  whether  or not the amount is required to be
repaid to the buyer or assignee if the internal revenue service  or  the
department denies or reduces the amount of the tax refund.
(e) "Department" means the department of taxation and finance.
2023 New York Laws › GBS - General Business › Article 24-C - Tax Preparers › 373 - Applicability.

§  373.  Applicability.  (a)  The provisions of this article shall not
apply to tax preparers operating within any city having a population  of
one million or more.
(b)  Except  as  provided  in  subdivision  (c)  of this section, this
article shall supersede  and  preempt  all  rules,  regulations,  codes,
statutes  or  ordinances  of  all  cities, counties, municipalities, and
local  agencies  regarding  disclosures  required  to  be  made  by  tax
preparers.
(c)  The provisions of this section shall not be construed to limit in
any way the authority of a city with a population of one million or more
to enact, implement and continue to enforce local laws  and  regulations
governing  tax preparers that were in effect prior to the effective date
of this article, or to  enact,  implement  and  enforce  any  amendments
thereto after the effective date of this article.
2023 New York Laws › GBS - General Business › Article 24-D - Research Relating to Electronic Cigarettes › 375 - Research Relating to Electronic Cigarettes.

§  375.  Research  relating to electronic cigarettes. Any provision or
  restriction in a contract or other agreement relating to the development
  of electronic cigarettes and products relating to their  use  including,
  but  not limited to, components of such devices, heretofore or hereafter
  made or entered into, which limits, restrains,  prohibits  or  otherwise
  provides for the suppression of research into the health consequences of
  the  use  of  electronic  cigarettes,  is  hereby declared to be void as
  against public policy and wholly unenforceable.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-B - Permissible Dissemination of Reports.

§   380-b.  Permissible  dissemination  of  reports.  (a)  A  consumer
reporting agency may furnish  a  consumer  report  under  the  following
circumstances and no other:
(1)  In  response to the order of a court having jurisdiction to issue
such an order, or
(2) In accordance with the written instructions  of  the  consumer  to
whom it relates, or
(3)  To  a  person  whom  it  has reason to believe intends to use the
information (i) in connection with a credit  transaction  involving  the
consumer  on  whom  the information is to be furnished and involving the
extension of credit to, or review or collection of an  account  of,  the
consumer,  or  (ii) for employment purposes, or (iii) in connection with
the underwriting  of  insurance  involving  the  consumer,  or  (iv)  in
connection  with  a  determination  of  the consumer's eligibility for a
license or other  benefit  granted  by  a  governmental  instrumentality
required  by  law to consider an applicant's financial responsibility or
status, or (v) to a person in connection  with  a  business  transaction
involving the consumer where the user has a legitimate business need for
such  information,  or  (vi) in connection with the rental or lease of a
residence.
(b)  No  person  shall  request  a  consumer  report,  other  than  an
investigative  consumer  report,  in connection with an application made
after the effective  date  of  this  article,  for  credit,  employment,
insurance,  or  rental  or  lease of residences, unless the applicant is
first informed in writing or in the same manner in which the application
is made that (i) a consumer report may be requested in  connection  with
such  application,  and (ii) the applicant upon request will be informed
whether or not a consumer report was requested, and if such  report  was
requested,  informed  of  the name and address of the consumer reporting
agency that furnished the report.
(c) Where the notice provided pursuant  to  subdivision  (b)  of  this
section  further  indicates that subsequent consumer reports, other than
investigative  consumer  reports,  may  be  requested  or  utilized   in
connection  with  an  update,  renewal,  or  extension  of  the  credit,
employment, insurance, or  rental  or  lease  of  residences  for  which
application  was  made,  no  additional  notice to the consumer shall be
required at the time such subsequent report is requested.
(d) The notice requirements of this section shall not be applicable to
the update, renewal, or extension of credit, employment,  insurance,  or
rental  or  lease  of  residences for which initial application was made
prior to the effective date of this article.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-C - Preparation And/or Procurement of Investigative Consumer Reports.

§  380-c.  Preparation  and/or  procurement  of investigative consumer
reports.  (a)  No  person  may  procure  or  cause  to  be  prepared  an
investigative consumer report on any consumer unless such person:
(1)  has first provided the consumer with notice of the procurement or
preparation as described in subdivision (b) of this section, and
(2)  has  first  received  from  the  consumer  an  authorization  for
preparation  or  procurement  of  such  investigative consumer report as
described in subdivision (c) of this section.
(b) The notice required by this section  shall  be  in  writing  if  a
written  application  is  made  by the consumer, or may be in writing or
oral in all other circumstances. Such notice shall inform  the  consumer
that:
(1) an investigative consumer report may be requested on the consumer,
and
(2)  the consumer upon written request will be informed whether or not
an investigative consumer report was requested, and if such  report  was
requested, the name and address of the consumer reporting agency to whom
the  request  was  made. Upon the furnishing to the consumer of the name
and address of the consumer reporting agency to  whom  the  request  was
made  the  consumer  shall also be informed he may inspect and receive a
copy of such report by contacting such  agency.  Additionally,  if  such
report  was requested with respect to an offer of employment the person,
firm, partnership, corporation or other entity  requesting  such  report
shall in such notice also provide the subject of such report with a copy
of  article twenty-three-A of the correction law governing the licensure
and employment of persons previously convicted of one or  more  criminal
offenses.
(c)  The  authorization  required  by  this  section shall be given in
writing or in the same manner as the notice pursuant to this section  is
required to be given.
(d)  If a person applying for credit, insurance, or employment refuses
to authorize the procurement or preparation of an investigative consumer
report, the prospective creditor, insurer or  employer  may  decline  to
grant  credit, insurance or employment on the grounds that the applicant
refused to execute such authorization.
(e) Where a parent applies for insurance on behalf of or to cover  his
child,  or  an  adult  applies  for insurance on behalf of or to cover a
minor, the execution of an authorization and receipt of notice  pursuant
to  this  section  by  the  parent  or  adult shall also be deemed to be
receipt of notice and execution of an  authorization  by  the  child  or
minor.
(f)  The  notice  and authorization requirements of this section shall
not be applicable to investigative consumer reports procured or prepared
in connection with the renewal of a casualty insurance policy where  the
initial  application for such policy preceded the effective date of this
article.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-D - Disclosure to Consumers.

§  380-d. Disclosure to consumers. (a) Every consumer reporting agency
shall, upon request and proper identification of any  consumer,  clearly
and accurately disclose to the consumer:
(1) all information in its files at the time of the request concerning
such consumer; and
(2)  the  sources  of  the  information;  except  that  the sources of
information acquired  solely  for  use  in  preparing  an  investigative
consumer  report  and  actually  used  for  no other purpose need not be
disclosed; provided, however, that in the event  an  action  is  brought
under section three hundred eighty-n of this article, such sources shall
be  available to the plaintiff under appropriate discovery procedures in
the court in which the action is brought; and
(3) the recipients of any consumer report on the consumer which it has
furnished;
(i) for employment purposes within the two-year period  preceding  the
request, and
(ii)  for  any other purpose within the six month period preceding the
request.
(b) The requirements of subdivision (a) of this section respecting the
disclosure of sources of information  and  the  recipients  of  consumer
reports  do  not  apply  to  information  received  or  consumer reports
furnished prior to the effective date of  this  article  except  to  the
extent  that  the  matter  involved  is  contained  in  the files of the
consumer reporting agency on that date.
(c)  Notwithstanding  any  other  provision  of  this  article,  every
consumer  reporting agency, upon contact by a consumer by phone, mail or
in person regarding information which may be contained in  the  agency's
files  which  has  been  or  may  be used for the purpose of providing a
consumer report regarding  that  consumer,  shall  promptly  advise  the
consumer  of  the  obligation of the agency to provide disclosure of the
files in person, by mail or  by  telephone  pursuant  to  this  section,
including  the  obligation  of  the  agency to provide a decoded written
version of the file or a written copy of the file with an explanation of
any code used, if the consumer so  requests.  The  disclosure  shall  be
provided in the manner selected by the consumer.  All consumers shall be
specifically  advised  that  if they have been denied credit in the past
thirty days they are  entitled  to  receive  a  written  copy  of  their
complete  file,  at  no charge whatsoever, should they choose to request
such a copy.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-F - Procedure for Resolving Disputes.

§  380-f. Procedure for resolving disputes. (a) If a consumer disputes
any item of information contained in  his  file,  and  such  dispute  is
directly  conveyed to the consumer reporting agency by the consumer, the
consumer reporting agency shall promptly re-investigate and  record  the
current  status of such information, unless it has reasonable grounds to
believe that the dispute by the consumer  is  frivolous,  and  it  shall
promptly  notify  the  consumer  of the result of its investigation, its
decision on the status of the information and  his  rights  pursuant  to
this  section. The presence of contradictory information in a consumer's
file shall not, in and of  itself,  constitute  reasonable  grounds  for
believing the dispute is frivolous.
(b)  If, after conducting the re-investigation required by subdivision
(a) of this section, the consumer reporting agency finds that an item is
in error or that it can no longer be verified, it shall:
(1) promptly expunge the item and otherwise correct the file,
(2) refrain from reporting the item in subsequent consumer reports,
(3) clearly and conspicuously disclose to the consumer his  rights  to
make  a  request  for  notification  and  upon  request of the consumer,
promptly notify any person designated by the consumer who  has  received
information  regarding  the  item during the previous year that an error
existed, and shall furnish such person with the  corrected  information,
and
(4)  where  applicable  forward  a  copy  of  the consumer's statement
pursuant to subdivision (c) of this section.
(c) If, after conducting a re-investigation pursuant to this  section,
the  consumer  reporting  agency  is  unable  to  resolve  any remaining
differences between the statements made by its sources and the consumer,
it shall:
(1) promptly indicate in the file that the item is disputed,
(2) permit the consumer to file a statement concerning the  nature  of
the  dispute,  which  statement may be limited by the agency to not more
than one hundred  words  if  such  agency  provides  the  consumer  with
assistance in writing a clear summary of the dispute,
(3)  include the consumer's statement of the dispute in all subsequent
credit reports containing the information in question, and
(4) clearly note in all subsequent consumer reports that the  item  is
disputed by the consumer.
(d)  Notwithstanding  any other provision of this section, if any item
disputed and reinvestigated is found to be in error or can no longer  be
verified,  upon completion of the reinvestigation of all items disputed,
the agency shall promptly mail the consumer a corrected written copy  of
the  file, reflecting any changes, with an explanation of any code used,
at no charge to the consumer.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-G - Public Record Information.

§  380-g. Public record information. A consumer reporting agency which
compiles and reports items of information on consumers which are matters
of public record shall:
(a) at the time such public record information is reported to the user
of such consumer report, notify the consumer of  the  fact  that  public
record  information  is being reported by the consumer reporting agency,
together  with  the  name  and  address  of  the  person  to  whom  such
information is being reported; or
(b)  maintain  reasonable  procedures designed to insure that whenever
public record information is reported it is complete and up to  date  to
the  extent practicable. It shall be deemed a reasonable procedure for a
consumer reporting agency to accurately  report  the  status  of  public
record  information  as  of the date recorded in its files provided such
information is updated on a regular basis.
(c) When conducting a reinvestigation as required by  subdivision  (a)
of  section three hundred eighty-f of this article, a consumer reporting
agency shall promptly record and report the current status of the public
record.
(d) When a consumer reporting agency provides a consumer  report  that
contains  criminal conviction information, permitted by paragraph one of
subdivision (a) of section three hundred eighty-j of this article, to  a
user,  the  person,  firm,  corporation  or other entity requesting such
report shall provide the subject of such report a printed or  electronic
copy  of  article  twenty-three-A  of  the  correction law governing the
licensure and employment of persons previously convicted of one or  more
criminal offenses.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-H - Restrictions on Investigative Consumer Reports.

§  380-h. Restrictions on investigative consumer reports. (a) Whenever
a consumer reporting agency prepares an investigative  consumer  report,
no adverse information in such report, other than information which is a
matter of public record, may be included in a subsequent consumer report
unless  such  adverse  information  has  been verified in the process of
making such subsequent consumer report, unless the  adverse  information
was received within the three month period preceding the date upon which
the subsequent report is furnished.
(b) Each investigative consumer report shall be in writing, and a copy
thereof  shall be retained by the consumer reporting agency for at least
one year after it is issued.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-I - Requirements on Users of Consumer Reports.

§  380-i.  Requirements  on  users  of  consumer reports. (a) Whenever
credit or insurance  for  personal,  family  or  household  purposes  is
denied,  or  whenever  a  residential  rental or lease is denied, or the
charge for such credit or insurance, or rental or  lease  is  increased,
either  wholly  or partly because of information contained in a consumer
report, the user of the report shall:
(1) advise the consumer against whom  such  adverse  action  has  been
taken of such action,
(2)  supply  the  name  and  address  of the consumer reporting agency
making the report, and
(3) inform the consumer of his right to inspect and receive a copy  of
such report by contacting the consumer reporting agency.
(b)  In  addition  to  the  requirements  of  subdivision  (a) of this
section, the user of any  such  report  for  purpose  of  evaluating  an
application for credit shall furnish to the consumer the reasons for any
adverse  action  in relation to such application in conformance with the
requirements of the federal equal credit opportunity act  (P.L.  93-435,
15 USC 1691 et seq) as that statute may from time to time be amended.
(c)  Every  user  of  a  consumer  report or an investigative consumer
report shall be prohibited from disseminating any  such  report  to  any
other person unless such other person has a legitimate business need for
the  information in connection with a business transaction involving the
consumer.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-K - Compliance Procedures.

§  380-k.  Compliance  procedures.  Every consumer or reporting agency
  shall maintain reasonable procedures designed  to  avoid  violations  of
  sections  three  hundred  eighty-b,  three  hundred  eighty-j  and three
  hundred eighty-t of this article and to limit the furnishing of consumer
  reports  to  the  purposes  listed  under  said  section  three  hundred
  eighty-b.  These  procedures  shall require all prospective users of the
  information to identify themselves, certify the purposes for  which  the
  information is sought, and certify that the information will be used for
  no   other  purpose.  Every  consumer  reporting  agency  shall  make  a
  reasonable effort to verify the identity of a new prospective  user  and
  the  uses  certified  by  such prospective user prior to furnishing such
  user a consumer report. No  consumer  reporting  agency  may  furnish  a
  consumer report to any person if it has reasonable grounds for believing
  that  the  consumer  report  will  not  be  used for a purpose listed in
  section three hundred eighty-b of this article.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-L - Civil Liability for Willful Noncompliance.

§  380-l. Civil liability for willful noncompliance. Any person, firm,
partnership, corporation,  or  association  whose  knowing  and  willful
violation  of section three hundred eighty-s of this article resulted in
the  transmission  or  provision  to  a  consumer  reporting  agency  of
information  that would otherwise not have been transmitted or provided,
and any consumer reporting agency or user of information  who  or  which
willfully  and  knowingly  fails  to comply with any requirement imposed
under this article with respect  to  any  consumer  is  liable  to  that
consumer in an amount equal to the sum of:
(a)  Any  actual damages sustained by the consumer as a result of such
failure or as a result of a violation of section three hundred  eighty-s
of this article;
(b) Such amount of punitive damages as the court may allow; and
(c)  In  the  case  of  any successful action to enforce any liability
under this section, the costs of the  action  together  with  reasonable
attorney's fees as determined by the court.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-M - Civil Liability for Negligent Noncompliance.

§  380-m.  Civil  liability  for negligent noncompliance. Any consumer
reporting agency or user of information who or  which  is  negligent  in
failing to comply with any requirement imposed under this article, other
than a violation of section three hundred eighty-t of this article, with
respect to any consumer is liable to that consumer in an amount equal to
the sum of:
(a)  Any  actual  damages sustained by the consumer as a result of the
failure;
(b) In the case of any successful  action  to  enforce  any  liability
under  this  section,  the  costs of the action together with reasonable
attorney's fees as determined by the court.
2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-N - Jurisdiction of Courts; Limitation of Actions.

§  380-n.  Jurisdiction of courts; limitation of actions. An action to
  enforce any liability, created under this article may be brought in  any
  court of competent jurisdiction, within two years from the date on which
  the  liability  arises, except that where a defendant has materially and
  willfully misrepresented any information required under this article  to
  be  disclosed  to an individual and the information so misrepresented is
  material to the establishment  of  the  defendant's  liability  to  that
  individual  under  this  article,  the action may be brought at any time
  within  two  years  after  the  discovery  by  the  individual  of   the
  misrepresentation.