- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A08672 Summary:
BILL NO | A08672B |
  | |
SAME AS | SAME AS S06886-D |
  | |
SPONSOR | Buchwald |
  | |
COSPNSR | Dinowitz, Barron, Barnwell, Mosley, Wallace, Zebrowski, Sepulveda, Simotas, D'Urso, Lupardo, Thiele, Simon, McDonald, Galef, Jaffee, Gottfried, Englebright, Braunstein, Brabenec, Ra, Gunther, Seawright, Lawrence |
  | |
MLTSPNSR | Glick, Jean-Pierre, McDonough |
  | |
Amd §380-t, Gen Bus L; rpld §65.10 sub 2 ¶(g-1), Pen L | |
  | |
Relates to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze following consumer credit reporting agency date breaches. |
A08672 Actions:
BILL NO | A08672B | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | |||||||||||||||||||||||||||||||||||||||||||||||||||
09/25/2017 | referred to consumer affairs and protection | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | referred to consumer affairs and protection | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2018 | amend and recommit to consumer affairs and protection | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2018 | print number 8672a | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/08/2018 | reported referred to codes | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/14/2018 | reported | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2018 | advanced to third reading cal.917 | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/22/2018 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/22/2018 | delivered to senate | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/22/2018 | REFERRED TO CONSUMER PROTECTION | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2018 | recalled from senate | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2018 | RETURNED TO ASSEMBLY | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2018 | vote reconsidered - restored to third reading | ||||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2018 | amended on third reading (t) 8672b | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2018 | substituted by s6886d | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | S06886 AMEND=D FUNKE | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 09/25/2017 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 10/18/2017 | AMEND AND RECOMMIT TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 10/18/2017 | PRINT NUMBER 6886A | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 01/03/2018 | REFERRED TO CONSUMER PROTECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/02/2018 | AMEND AND RECOMMIT TO CONSUMER PROTECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/02/2018 | PRINT NUMBER 6886B | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/15/2018 | AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/15/2018 | PRINT NUMBER 6886C | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/23/2018 | AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/23/2018 | PRINT NUMBER 6886D | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 05/31/2018 | 1ST REPORT CAL.1432 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/04/2018 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/05/2018 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/11/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/11/2018 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/11/2018 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/13/2018 | substituted for a8672b | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/13/2018 | ordered to third reading cal.917 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/13/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 06/13/2018 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/18/2018 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2018 | SIGNED CHAP.480 |
A08672 Committee Votes:
Titone | Aye | Mikulin | Aye | ||||||
Abbate | Aye | McDonough | Aye | ||||||
Quart | Aye | Stec | Aye | ||||||
Buchwald | Aye | Johns | Aye | ||||||
Simon | Aye | ||||||||
Dilan | Aye | ||||||||
Seawright | Aye | ||||||||
Rozic | Aye | ||||||||
Niou | Aye | ||||||||
Pheffer Amato | Aye | ||||||||
Williams | Aye | ||||||||
Wallace | Aye | ||||||||
Lentol | Aye | Curran | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Morinello | Aye | ||||||
Cymbrowitz | Aye | Palumbo | Aye | ||||||
Titus | Aye | Garbarino | Aye | ||||||
O'Donnell | Aye | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Go to top
A08672 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
ER
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
ER
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
ER
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
ER
Bichotte
Yes
Dilan
Yes
Hunter
ER
Montesano
Yes
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
ER
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
ER
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
Yes
Abbate
ER
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
ER
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
ER
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
ER
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
ER
Titone
Yes
Barron
Yes
DenDekker
ER
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
ER
Miller ML
Yes
Ramos
Yes
Vanel
ER
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
ER
Richardson
Yes
Walker
ER
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
ER
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
ER
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
ER
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
A08672 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A8672B SPONSOR: Buchwald
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting consumer credit reporting agencies from charging a fee for the placement, removal, or temporary lift of a security freeze on a consumer credit report; and to repeal paragraph (g-1) of subdivision 2 of section 65.10 of the penal law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To allow consumers to establish any and all credit freezes, and lift (temporarily or otherwise) such freezes at consumer credit reporting agencies without incurring any fees.   SUMMARY OF PROVISIONS: Section 1 amends section 380-t of the general business law to prohibit consumer credit reporting agencies from charging consumers a fee for the placement, removal, or temporary lift of a security freeze, or for the issuance of a replacement PIN or password. Section 2 repeals paragraph (g-1) of subdivision 2 of section 65.10 of the penal law. Section 3 provides the effective date of the bill.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The original bill would have prohibited breached consumer credit report- ing agencies from charging fees for security freezes, and required such agencies to reimburse consumers for fees that they incurred for placing security freezes with other, non-breached consumer credit reporting agencies. The amended version of the bill prohibits all consumer credit reporting agencies from charging a fee for the placement, lift, or temporary removal of a security freeze.   JUSTIFICATION: On September 7, 2017, consumer credit reporting agency Equifax made the public aware of a security breach in its database. Individual personal- ly-sensitive information, such as birthdays and Social Security numbers, of seemingly 143 million consumers was compromised. As a result, many New Yorkers are being urged to place security freezes on their credit reports. These freezes keep potential creditors from accessing an individual's credit file. Accordingly, a security freeze can prevent an unauthorized person from using another individual's iden- tity and credit to steal funds, which can ruin the victim's credit rating. Under New York State's existing security freeze law, residents are not charged for the placement of their first security freeze. However, New Yorkers (except those who are victims of domestic violence)can be charged up to $5 when they seek a second or further credit freeze. In addition, there can be a charge of up to $5 for the temporary lifting of a credit freeze, an approach that is often used when an individual knows that they are about to apply for a new credit card, mortgage or other loan. This legislation will strengthen consumer protections by ensuring that individuals do not bear the cost of the many security freeze transactions, across all credit bureaus (of which there are three major competitors) that they are likely to undertake in the wake of the Equifax or any similar data breach. Not only would this allow consumers to prioritize rebuilding their financial lives without bearing the financial cost of proper protections, also ensures that a credit bureau cannot profit from its lax data security.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.
A08672 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8672--B Cal. No. 917 2017-2018 Regular Sessions IN ASSEMBLY September 25, 2017 ___________ Introduced by M. of A. BUCHWALD, DINOWITZ, BARRON, BARNWELL, MOSLEY, WALLACE, ZEBROWSKI, SIMOTAS, D'URSO, LUPARDO, THIELE, SIMON, McDONALD, GALEF, JAFFEE, GOTTFRIED, ENGLEBRIGHT, BRAUNSTEIN, BRABENEC, RA, GUNTHER, SEAWRIGHT, LAWRENCE -- Multi-Sponsored by -- M. of A. GLICK, JEAN-PIERRE, McDONOUGH -- read once and referred to the Committee on Consumer Affairs and Protection -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- advanced to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the general business law, in relation to prohibiting consumer credit reporting agencies from charging a fee for the place- ment, removal, or temporary lift of a security freeze on a consumer credit report; and to repeal paragraph (g-1) of subdivision 2 of section 65.10 of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 380-t of the general business law, as amended by 2 chapter 279 of the laws of 2008, subdivisions (b) and (n) as separately 3 amended by chapter 406 of the laws of 2008, and subdivision (g) as 4 amended by section 36 of part A of chapter 62 of the laws of 2011, is 5 amended to read as follows: 6 § 380-t. Security freeze. (a) A consumer may request that a security 7 freeze be placed on his or her consumer credit report by sending a 8 request in writing with confirmation of delivery requested or via tele- 9 phone, secure electronic means, or other methods developed by the 10 consumer credit reporting agency to a consumer credit reporting agency 11 at an address, telephone number or secure website designated by such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13493-11-8A. 8672--B 2 1 agency to receive such requests. Consumer credit reporting agencies 2 shall have a secure website and a separately dedicated toll-free number 3 to offer information, to process requests and deliver the services 4 provided for under this section. 5 (b) A consumer credit reporting agency that receives from a consumer a 6 request in accordance with subdivision (a) of this section shall, 7 provided such request is accompanied by proper identification [and8payment of any applicable fee], place a security freeze on the consumer 9 credit report of or relating to such consumer no later than four busi- 10 ness days after receiving such request, provided further, however, that 11 for requests received on or after January first, two thousand nine, such 12 consumer credit reporting agency shall place a security freeze on the 13 consumer credit report of or relating to such consumer no later than 14 three business days after receiving such request and for requests 15 received on or after January first, two thousand ten, such consumer 16 credit reporting agency shall place a security freeze on the consumer 17 credit report of or relating to such consumer no later than one business 18 day after receiving such request. Nothing in this subdivision shall be 19 construed to prevent a consumer credit reporting agency from advising a 20 third party that a security freeze is in effect with respect to the 21 consumer credit report of or relating to such consumer. No consumer 22 credit reporting agency shall advise in any manner a third party, of the 23 fact that the consumer requesting the freeze is alleging to be the 24 victim of domestic violence or identity theft, without the written 25 authorization of the consumer. 26 (c) The consumer credit reporting agency shall send a written confir- 27 mation of the placement of a security freeze to the consumer within five 28 business days of placing such freeze. Upon placing the security freeze 29 on the consumer credit report of or relating to such consumer, the 30 consumer credit reporting agency shall provide the consumer with a 31 unique personal identification number or password, or other device which 32 shall only be used by the consumer when providing authorization for the 33 release of his or her consumer credit report for a specific party or 34 specific period of time. The unique personal identification number or 35 password, or other device to be used by the consumer shall not be a 36 social security number or a sequential portion thereof. Any use of the 37 unique personal identification number or password or other device other 38 than provided for in this section is prohibited. 39 (d) If the consumer wishes to allow his or her consumer credit report 40 to be accessed for a specific party or a specific period of time while a 41 freeze is in place, he or she shall contact the consumer credit report- 42 ing agency via mail with confirmation of delivery, telephone, secure 43 electronic means or other method developed by such consumer credit 44 reporting agency pursuant to subdivision (f) of this section using a 45 point of contact designated by such consumer credit reporting agency, 46 request that the freeze be temporarily lifted, and provide the follow- 47 ing: 48 (1) proper identification; 49 (2) the unique personal identification number or password provided by 50 the consumer credit reporting agency pursuant to subdivision (c) of this 51 section; and 52 (3) the proper information regarding the party to which the consumer 53 credit report should be available or the time period for which the 54 consumer credit report shall be available to users of such report[; and55(4) payment of any applicable fee].A. 8672--B 3 1 (e) (1) A consumer credit reporting agency that receives a request 2 from a consumer to temporarily lift a freeze on a consumer credit report 3 pursuant to subdivision (d) of this section, shall comply with the 4 request: (i) no later than three business days after receiving such 5 request; (ii) as of September first, two thousand nine, a consumer cred- 6 it reporting agency that receives a request via the use of a telephone 7 or secure electronic method provided by the agency, pursuant to subdivi- 8 sion (d) of this section, shall release a consumer's credit report as 9 requested by the consumer within fifteen minutes after the request is 10 received by the consumer credit reporting agency. 11 (2) A consumer credit reporting agency is not required to temporarily 12 lift a security freeze within the time provided in subparagraph (ii) of 13 paragraph one of this subdivision if: 14 (i) the consumer fails to meet the requirements of subdivision (b) of 15 this section; or 16 (ii) the consumer credit reporting agency's ability to temporarily 17 lift the security freeze within fifteen minutes is prevented by: 18 (A) an act of God, including fire, earthquakes, hurricanes, storms, or 19 similar natural disaster or phenomena; 20 (B) unauthorized or illegal acts by a third party, including terror- 21 ism, sabotage, riot, vandalism, labor strikes or disputes disrupting 22 operations, or similar occurrence; 23 (C) operational interruption, including electrical failure, unantic- 24 ipated delay in equipment or replacement part delivery, computer hard- 25 ware or software failures inhibiting response time, or similar 26 disruption; 27 (D) governmental action, including emergency orders or regulations, 28 judicial or law enforcement action, or similar directives; 29 (E) regularly scheduled maintenance, during other than normal business 30 hours, of, or updates to, the consumer reporting agency's systems; or 31 (F) commercially reasonable maintenance of, or repair to, the consumer 32 reporting agency's systems that is unexpected or unscheduled. 33 (f) A consumer credit reporting agency may develop procedures involv- 34 ing other secure methods of communication, including the use of the 35 internet, or other electronic media to receive and process a request 36 from a consumer to temporarily lift a freeze on a consumer credit report 37 pursuant to subdivision (d) of this section in an expedited manner. 38 (g) The department of state shall monitor the state of technology 39 relating to the means available to process requests for the lifting or 40 removal of a security freeze, and shall report to the legislature when 41 it is determined that the technology to process requests for the lifting 42 or removal of a security freeze in a shorter period of time than that 43 set forth in subdivision (e) of this section is available. 44 (h) A consumer credit reporting agency shall remove or temporarily 45 lift a freeze placed on the consumer credit report of or relating to a 46 consumer only in the following cases: 47 (1) upon consumer request, pursuant to subdivision (d) or (k) of this 48 section; or 49 (2) if the consumer credit report of or relating to such consumer was 50 frozen due to a material misrepresentation of fact by the consumer. If a 51 consumer credit reporting agency intends to remove a freeze upon a 52 consumer credit report pursuant to this paragraph, the consumer credit 53 reporting agency shall notify the consumer in writing, by first class 54 mail, within three business days prior to removing the freeze on such 55 consumer credit report.A. 8672--B 4 1 (i) If a third party requests access to a consumer credit report on 2 which a security freeze is in effect, and this request is in connection 3 with an application for credit or any other use, and the consumer does 4 not allow his or her consumer credit report to be accessed for that 5 period of time, the third party may treat the application as incomplete. 6 (j) If a consumer requests a security freeze, the consumer credit 7 reporting agency shall disclose the process of placing and temporarily 8 lifting a freeze, and the process for allowing access to information 9 from such consumer credit report for a specific party or a period of 10 time while the freeze is in place. 11 (k) (1) A security freeze shall remain in place until the consumer 12 requests, using a point of contact designated by the consumer credit 13 reporting agency, that the security freeze be removed and provides the 14 following: 15 (i) proper identification; and 16 (ii) the unique personal identification number or password or similar 17 device provided by the consumer credit reporting agency pursuant to 18 subdivision (c) of this section[; and19(iii) a fee, if applicable]. 20 (2) A consumer credit reporting agency shall remove a security freeze 21 within three business days of receiving a request for removal from the 22 consumer pursuant to paragraph one of this subdivision. 23 (l) A consumer credit reporting agency shall require proper identifi- 24 cation of the person making a request to place or remove a security 25 freeze. 26 (m) The provisions of this section do not apply to the use of a 27 consumer credit report by any of the following: 28 (1) a person or entity, or a subsidiary, affiliate, or agent of that 29 person or entity, or an assignee of a financial obligation owing by the 30 consumer to that person or entity, or a prospective assignee of a finan- 31 cial obligation owing by the consumer to that person or entity in 32 conjunction with the proposed purchase of the financial obligation, with 33 which the consumer has or had prior to assignment an account or 34 contract, including a demand deposit account, or to whom the consumer 35 issued a negotiable instrument, for the purposes of reviewing the 36 account or collecting the financial obligation owing for the account, 37 contract, or negotiable instrument. For purposes of this paragraph, 38 "reviewing the account" includes activities related to account mainte- 39 nance, monitoring, credit line increases, and account upgrades and 40 enhancements; 41 (2) a subsidiary, affiliate, agent, assignee, or prospective assignee 42 of a person to whom access has been granted for purposes of facilitating 43 the extension of credit or other permissible use; 44 (3) any state or local agency, law enforcement agency, court, private 45 collection agency, or person acting pursuant to a court order, warrant, 46 or subpoena; 47 (4) a child support agency acting pursuant to title iv-d of the social 48 security act (42 U.S.C. et seq.); 49 (5) the state or its political subdivisions or its agents or assigns 50 acting to investigate fraud or acting to investigate or collect delin- 51 quent taxes or unpaid court orders or to fulfill any of its other statu- 52 tory responsibilities provided such responsibilities are consistent with 53 a permissible purpose under 15 U.S.C. section 1681b; 54 (6) the use of credit information for the purposes of prescreening as 55 provided for by the federal fair credit reporting act;A. 8672--B 5 1 (7) any person or entity administering a credit file monitoring 2 subscription or similar service to which the consumer has subscribed; or 3 (8) any person or entity for the purpose of providing a consumer with 4 a copy of his or her consumer credit report or score upon the request of 5 such consumer. 6 (n) [(1) (i) No consumer credit reporting agency shall charge a fee to7a victim of identity theft who submits a copy of a signed federal trade8commission ID theft victim's affidavit, or a report of ID theft from a9law enforcement agency to such consumer credit reporting agency.10(ii) No consumer credit reporting agency shall charge a fee to a11domestic violence victim who has submitted to such consumer credit12reporting agency:13(A) a valid domestic violence incident report form as such term is14defined in subdivision fifteen of section eight hundred thirty-seven of15the executive law;16(B) a valid police report;17(C) a valid order of protection; or18(D) a signed affidavit from a licensed medical or mental health care19provider, employee of a court acting within the scope of his or her20employment, social worker, a rape crisis counselor as defined in section21forty-five hundred ten of the civil practice law and rules, or advocate22acting on behalf of an agency that assists domestic violence victims.23For the purposes of this subdivision, the term "domestic violence24victim" means an individual who is a victim of a family offense, as25described in subdivision one of section 530.11 of the criminal procedure26law, or an offense committed by a member of such individual's immediate27family, as defined in subdivision four of section 120.40 of the penal28law.29(2) No consumer credit reporting agency shall charge a fee to a30consumer requesting the placement of a security freeze when such consum-31er has not previously requested the placement of a security freeze from32such consumer credit reporting agency. Except as provided for in para-33graph one of this subdivision, a consumer credit reporting agency may34charge a consumer a fee not to exceed five dollars for the placement of35a second or subsequent freeze or for the removal of a freeze or the36temporary lift of a freeze for a specific party or period of time or for37the issuance of a replacement personal identification number or password38when the consumer fails to retain the personal identification number or39password provided to such consumer by such consumer credit reporting40agency pursuant to subdivision (c) of this section.] No consumer credit 41 reporting agency shall charge a fee to any consumer for the placement of 42 any security freeze, the removal of any security freeze, the temporary 43 lift of any security freeze for a specific party or period of time, or 44 the issuance of any replacement personal identification number or pass- 45 word when the consumer fails to retain the personal identification 46 number or password provided to such consumer by such consumer credit 47 reporting agency pursuant to subdivision (c) of this section. 48 (o) If a security freeze is in place, a consumer credit reporting 49 agency shall not change any of the following official information in a 50 consumer credit report without sending a written confirmation of the 51 change to the consumer within thirty days of the change being posted to 52 the file of or relating to such consumer: name, date of birth, social 53 security number, and address. Written confirmation is not required for 54 technical modifications of the official information of or relating to 55 such consumer, including name and street abbreviations, complete spell- 56 ings, or transposition of numbers or letters. In the case of an addressA. 8672--B 6 1 change, the written confirmation shall be sent to both the new address 2 and to the former address. 3 (p) The following entities are not required to place a security freeze 4 on a consumer credit report: 5 (1) a consumer credit reporting agency that acts only as a reseller of 6 credit information by assembling and merging information contained in 7 the data base of another consumer credit reporting agency or multiple 8 consumer credit reporting agencies, and does not maintain a permanent 9 data base of credit information from which new consumer credit reports 10 are produced. However, a consumer credit reporting agency acting as a 11 reseller shall honor any security freeze placed on a consumer credit 12 report by another consumer credit reporting agency; 13 (2) a check services or fraud prevention services company, which 14 issues reports on incidents of fraud or authorizations for the purpose 15 of approving or processing negotiable instruments, electronic funds 16 transfers, or similar methods of payments; or 17 (3) a deposit account information service company, which issues 18 reports regarding account closures due to fraud, substantial overdrafts, 19 ATM abuse, or similar negative information regarding a consumer, to 20 inquiring banks or other financial institutions for use only in review- 21 ing a consumer request for a deposit account at the inquiring bank or 22 financial institution. 23 (q) (1) Any time a consumer credit reporting agency is required to 24 send a summary of rights required under 15 U.S.C. section 1681g, to a 25 consumer residing in this state the following notice shall be included 26 with such summary of rights: 27 "NEW YORK CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE. 28 YOU HAVE A RIGHT TO PLACE A "SECURITY FREEZE" ON YOUR CREDIT REPORT, 29 WHICH WILL PROHIBIT A CONSUMER CREDIT REPORTING AGENCY FROM RELEASING 30 INFORMATION IN YOUR CREDIT REPORT WITHOUT YOUR EXPRESS AUTHORIZATION. A 31 CONSUMER CREDIT REPORTING AGENCY IS PROHIBITED FROM CHARGING YOU A FEE 32 FOR THE PLACEMENT, REMOVAL, OR TEMPORARY LIFT OF A SECURITY FREEZE, OR 33 FOR THE ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER (PIN) 34 OR PASSWORD IN THE EVENT THAT YOU FAIL TO RETAIN THE ORIGINAL PIN OR 35 PASSWORD PROVIDED TO YOU BY SUCH CONSUMER CREDIT REPORTING AGENCY. A 36 SECURITY FREEZE MUST BE REQUESTED IN WRITING DELIVERY CONFIRMATION 37 REQUESTED OR VIA TELEPHONE, SECURE ELECTRONIC MEANS, OR OTHER METHODS 38 DEVELOPED BY THE CONSUMER CREDIT REPORTING AGENCY. THE SECURITY FREEZE 39 IS DESIGNED TO PREVENT CREDIT, LOANS, AND SERVICES FROM BEING APPROVED 40 IN YOUR NAME WITHOUT YOUR CONSENT. HOWEVER, YOU SHOULD BE AWARE THAT 41 USING A SECURITY FREEZE TO TAKE CONTROL OVER WHO GETS ACCESS TO THE 42 PERSONAL AND FINANCIAL INFORMATION IN YOUR CREDIT REPORT MAY DELAY, 43 INTERFERE WITH, OR PROHIBIT THE TIMELY APPROVAL OF ANY SUBSEQUENT 44 REQUEST OR APPLICATION YOU MAKE REGARDING A NEW LOAN, CREDIT, MORTGAGE, 45 GOVERNMENT SERVICES OR PAYMENTS, INSURANCE, RENTAL HOUSING, EMPLOYMENT, 46 INVESTMENT, LICENSE, CELLULAR PHONE, UTILITIES, DIGITAL SIGNATURE, 47 INTERNET CREDIT CARD TRANSACTION, OR OTHER SERVICES, INCLUDING AN EXTEN- 48 SION OF CREDIT AT POINT OF SALE. WHEN YOU PLACE A SECURITY FREEZE ON 49 YOUR CREDIT REPORT, YOU WILL BE PROVIDED A PERSONAL IDENTIFICATION 50 NUMBER OR PASSWORD TO USE IF YOU CHOOSE TO REMOVE THE FREEZE ON YOUR 51 CREDIT REPORT OR AUTHORIZE THE RELEASE OF YOUR CREDIT REPORT TO A 52 SPECIFIC PARTY OR FOR A PERIOD OF TIME AFTER THE FREEZE IS IN PLACE. TO 53 PROVIDE THAT AUTHORIZATION YOU MUST CONTACT THE CONSUMER CREDIT REPORT- 54 ING AGENCY AND PROVIDE ALL OF THE FOLLOWING: 55 (1) THE PERSONAL IDENTIFICATION NUMBER OR PASSWORD; 56 (2) PROPER IDENTIFICATION TO VERIFY YOUR IDENTITY; ANDA. 8672--B 7 1 (3) THE PROPER INFORMATION REGARDING THE PARTY OR PARTIES WHO ARE TO 2 RECEIVE THE CREDIT REPORT OR THE PERIOD OF TIME FOR WHICH THE REPORT 3 SHALL BE AVAILABLE TO USERS OF THE CREDIT REPORT[; AND4(4) PAYMENT OF ANY APPLICABLE FEE]. 5 A CONSUMER CREDIT REPORTING AGENCY MUST AUTHORIZE THE RELEASE OF YOUR 6 CREDIT REPORT NO LATER THAN THREE BUSINESS DAYS AFTER RECEIVING THE 7 ABOVE INFORMATION. EFFECTIVE SEPTEMBER FIRST, TWO THOUSAND NINE, A 8 CONSUMER CREDIT REPORTING AGENCY THAT RECEIVES A REQUEST VIA TELEPHONE 9 OR SECURE ELECTRONIC METHOD SHALL RELEASE A CONSUMER'S CREDIT REPORT 10 WITHIN FIFTEEN MINUTES WHEN THE REQUEST IS RECEIVED. 11 A SECURITY FREEZE DOES NOT APPLY TO CIRCUMSTANCES IN WHICH YOU HAVE AN 12 EXISTING ACCOUNT RELATIONSHIP AND A COPY OF YOUR REPORT IS REQUESTED BY 13 YOUR EXISTING CREDITOR OR ITS AGENTS OR AFFILIATES FOR CERTAIN TYPES OF 14 ACCOUNT REVIEW, COLLECTION, FRAUD CONTROL OR SIMILAR ACTIVITIES. 15 IF YOU ARE ACTIVELY SEEKING CREDIT, YOU SHOULD UNDERSTAND THAT THE 16 PROCEDURES INVOLVED IN LIFTING A SECURITY FREEZE MAY SLOW YOUR APPLICA- 17 TION FOR CREDIT. YOU SHOULD PLAN AHEAD AND LIFT A FREEZE, EITHER 18 COMPLETELY IF YOU ARE SHOPPING AROUND, OR SPECIFICALLY FOR A CERTAIN 19 CREDITOR, BEFORE APPLYING FOR NEW CREDIT. WHEN SEEKING CREDIT OR PURSU- 20 ING ANOTHER TRANSACTION REQUIRING ACCESS TO YOUR CREDIT REPORT, IT IS 21 NOT NECESSARY TO RELINQUISH YOUR PIN OR PASSWORD TO THE CREDITOR OR 22 BUSINESS; YOU CAN CONTACT THE CONSUMER CREDIT REPORTING AGENCY DIRECTLY. 23 IF YOU CHOOSE TO GIVE OUT YOUR PIN OR PASSWORD TO THE CREDITOR OR BUSI- 24 NESS, IT IS RECOMMENDED THAT YOU OBTAIN A NEW PIN OR PASSWORD FROM THE 25 CONSUMER CREDIT REPORTING AGENCY." 26 (2) If a consumer requests information about a security freeze, such 27 consumer shall be provided with the notice set forth in paragraph one of 28 this subdivision and with any other information necessary to place, 29 temporarily lift or permanently lift a security freeze, including but 30 not limited to the address, telephone number or point of contact at 31 which the consumer credit reporting agency receives such requests. 32 (r) When a consumer credit reporting agency erroneously releases a 33 consumer credit report subject to a security freeze or any information 34 contained in such consumer credit report, the consumer credit reporting 35 agency shall send written notification to the affected consumer within 36 three business days following discovery or notification of such errone- 37 ous release. Such notification shall also inform the consumer of the 38 nature of the information released and identify and provide contact 39 information for the recipient of such information or consumer credit 40 report. 41 (s) Whenever there shall be a violation of this section, application 42 may be made by the attorney general in the name of the people of the 43 state of New York to a court or justice having jurisdiction by a special 44 proceeding to issue an injunction, and upon notice to the defendant of 45 not less than five days, to enjoin and restrain the continuance of such 46 violations; and if it shall appear to the satisfaction of the court or 47 justice that the defendant has, in fact, violated this section, an 48 injunction may be issued by such court or justice, enjoining and 49 restraining any further violation, without requiring proof that any 50 person has, in fact, been injured or damaged thereby. In any such 51 proceeding, the court may make allowances to the attorney general as 52 provided in paragraph six of subdivision (a) of section eighty-three 53 hundred three of the civil practice law and rules, and direct restitu- 54 tion. Whenever the court shall determine that a violation of this 55 section has occurred, the court may impose a civil penalty of not more 56 than five thousand dollars for each violation. In connection with anyA. 8672--B 8 1 such proposed application, the attorney general is authorized to take 2 proof and make a determination of the relevant facts and to issue 3 subpoenas in accordance with the civil practice law and rules. 4 § 2. Paragraph (g-1) of subdivision 2 of section 65.10 of the penal 5 law is REPEALED. 6 § 3. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law.