N.Y. General Business Law 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:
Terms Used In N.Y. General Business Law 380-B
- consumer: means an individual. See N.Y. General Business Law 380-A
- consumer report: means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or part for the purpose of serving as a factor in establishing the consumer's eligibility for (i) credit or insurance to be used primarily for personal, family, or household purposes, (ii) employment purposes, or (iii) other purposes authorized under section three hundred eighty-b of this article. See N.Y. General Business Law 380-A
- consumer reporting agency: means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports or investigative consumer reports to third parties. See N.Y. General Business Law 380-A
- employment purposes: when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. See N.Y. General Business Law 380-A
- investigative consumer report: means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. See N.Y. General Business Law 380-A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: means any individual, partnership, corporation, trust, estate, co-operative, association, government or governmental subdivision, agency or other entity. See N.Y. General Business Law 380-A
(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.