N.Y. General Business Law 380-H – Restrictions on investigative consumer reports
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§ 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.
Terms Used In N.Y. General Business Law 380-H
- adverse information: means information that is likely to have a negative effect upon the ability or eligibility of a consumer to obtain credit, insurance, employment, or other benefits, goods or services or information that is either wholly or partially responsible for increases in charges for credit or insurance. See N.Y. General Business Law 380-A
- 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
- 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
- record: means a compilation of information that (1) identifies a protected consumer; (2) is created by a consumer credit reporting agency solely for the purpose of complying with section three hundred eighty-u of this article; and (3) may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for any purpose listed in this article. See N.Y. General Business Law 380-A
(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.