2023 New York Laws › GBS - General Business › Article 25 - Fair Credit Reporting Act › 380-U - Security Record Freeze for Protected Minors.

§  380-u.  Security record freeze for protected minors. (a) A consumer
credit reporting agency shall place a security freeze  for  a  protected
consumer if:
(1)  The  consumer credit reporting agency receives a request from the
protected consumer's representative for the placement  of  the  security
freeze under this section; and
(2) The protected consumer's representative (i) submits the request to
the  consumer  credit  reporting agency at the address or other point of
contact and in the manner specified by  the  consumer  credit  reporting
agency; (ii) provides to the consumer credit reporting agency sufficient
proof   of   identification   of   the   protected   consumer   and  the
representative; (iii) provides to the consumer credit  reporting  agency
sufficient  proof  of  authority  to  act  on  behalf  of  the protected
consumer; and (iv) pays to the consumer credit reporting agency  a  fee,
if any, as provided in this section.
(b)  If  a  consumer  credit  reporting  agency  does  not have a file
pertaining to a protected consumer when the  consumer  credit  reporting
agency  receives  a  request  under subdivision (a) of this section, the
consumer credit reporting agency shall create a record for the protected
consumer.
(c) Within thirty days  after  receiving  a  request  that  meets  the
requirements  of  paragraph  two  of  subdivision (a) of this section, a
consumer credit reporting agency shall place a security freeze  for  the
protected  consumer  on the record created for the protected consumer or
on the file pertaining to the protected consumer in the event  that  the
consumer reporting agency already has a file pertaining to the protected
consumer.
(d)  Unless  a  security freeze for a protected consumer is removed in
accordance with this section, a consumer credit reporting agency may not
release the protected consumer's consumer credit report, any information
derived from the protected consumer's consumer  report,  or  any  record
created for the protected consumer.
(e)  A  security  freeze  for  a  protected consumer placed under this
section shall remain in effect until:
(1) The protected consumer or the protected consumer's  representative
requests  the  consumer  credit  reporting agency to remove the security
freeze for a protected consumer in accordance with  subdivision  (f)  of
this section; or
(2)  The security freeze is removed in accordance with subdivision (i)
of this section.
(f) If a protected consumer or a protected  consumer's  representative
wishes  to  remove  a  security  freeze  for the protected consumer, the
protected consumer or the protected consumer's representative shall:
(1) Submit a request for the removal of the  security  freeze  to  the
consumer  credit  reporting  agency  at  the  address  or other point of
contact and in the manner specified by  the  consumer  credit  reporting
agency;
(2)  Provide  to the consumer credit reporting agency: (i) in the case
of a request by the protected consumer: (A) proof  that  the  sufficient
proof of authority for the protected consumer's representative to act on
behalf  of  the  protected  consumer  is  no  longer  valid  or that the
protected consumer has attained the age of sixteen; and  (B)  sufficient
proof  of  identification of the protected consumer; or (ii) in the case
of a  request  by  the  representative  of  a  protected  consumer:  (A)
sufficient  proof  of  identification  of the protected consumer and the
representative; and (B) sufficient proof of authority to act  on  behalf
of  the  protected  consumer;  and  (C)  payment  to the consumer credit

reporting agency of a fee, if any, as provided  in  subdivision  (h)  of
this section.
(g)  Within  thirty  days  after  receiving  a  request that meets the
requirements of subdivision (f) of this  section,  the  consumer  credit
reporting  agency  shall  remove  the  security freeze for the protected
consumer.
(h)(1) A consumer credit reporting agency may charge a reasonable fee,
not exceeding fifteen dollars,  for  each  placement  or  removal  of  a
security freeze for a protected consumer as provided for in subparagraph
(iv)  of  paragraph two of subdivision (a) or clause (C) of subparagraph
(ii) of paragraph two of subdivision (f) of  this  section.  A  consumer
credit  reporting  agency  shall  not charge a fee for any other service
performed under this section.
(2) Notwithstanding paragraph one  of  this  subdivision,  a  consumer
credit  reporting  agency  may not charge any fee under this section if;
(i) the protected consumer's representative: (A) has obtained  a  report
of  alleged  identity theft or fraud against the protected consumer; and
(B) provides a copy of the  report  to  the  consumer  credit  reporting
agency;  or  (ii)  the  consumer  credit reporting agency has a consumer
credit report pertaining to the protected consumer.
(i) A consumer credit reporting agency shall remove a security  freeze
for a protected consumer, or delete a record of a protected consumer, if
the  security  freeze  was  placed  or the record was created based on a
material misrepresentation of fact by  the  protected  consumer  or  the
protected consumer's representative.
(j) This section does not apply to:
(1)  A  person  administering  a  credit  file monitoring subscription
service to which: (i) the protected consumer has subscribed; or (ii) the
representative of the protected consumer has subscribed on behalf of the
protected consumer;
(2) A  person  providing  the  protected  consumer  or  the  protected
consumer's  representative  with  a  copy  of  the  protected consumer's
consumer credit report upon the request of the protected consumer or the
protected consumer's representative;
(3)(i)  An  entity  listed  in  paragraphs  three  through  eight   of
subdivision  (m) of section three hundred eighty-t of this article; (ii)
an entity listed in subdivision (p) of section three hundred eighty-t of
this article; or (iii) a consumer credit reporting agency's database  or
file  that consists of information concerning, and used for, one or more
of the following:  criminal  record  information,  fraud  prevention  or
detection, personal loss history information, and employment, tenant, or
background screening.
(k)  Notwithstanding  any other provision of law, the exclusive remedy
for a violation of this section shall be in an action commenced  by  the
attorney general.