§ 380-u. Security record freeze for protected minors. (a) A consumer credit reporting agency shall place a security freeze for a protected consumer if:

Terms Used In N.Y. General Business Law 380-U

  • consumer: means an individual. See N.Y. General Business Law 380-A
  • consumer credit report: means a consumer report assembled, evaluated or maintained by a consumer credit reporting agency, bearing on a consumer's credit worthiness, credit standing, or credit capacity. See N.Y. General Business Law 380-A
  • consumer credit reporting agency: means a consumer reporting agency that regularly engages in the practice of assembling or evaluating and maintaining, for the purpose of furnishing consumer credit reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, public record information and credit account information from persons who furnish that information regularly and in the ordinary course of business. 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
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • file: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. See N.Y. General Business Law 380-A
  • Fraud: Intentional deception resulting in injury to another.
  • freeze: means a notice placed in the consumer credit report of or relating to a consumer, at the request of such consumer and subject to certain exceptions, that prohibits the consumer credit reporting agency from releasing the consumer credit report, the contents of such report or the credit score of such consumer. See N.Y. General Business Law 380-A
  • 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
  • protected consumer: means an individual who is under the age of sixteen years at the time a request for the placement of a security freeze is made. 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
  • representative: means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer. See N.Y. General Business Law 380-A
  • security freeze for a protected consumer: means (1) if a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that: (i) is placed on the protected consumer's record in accordance with section three hundred eighty-u of this article; and (ii) prohibits the consumer credit reporting agency from releasing the protected consumer's record except as provided in this section; or

    (2) if a consumer credit reporting agency has a file pertaining to the protected consumer, a restriction that (i) is placed on the protected consumer's consumer credit report in accordance with this section; and (ii) prohibits the consumer credit reporting agency from releasing the protected consumer's consumer credit report or any information derived from the protected consumer's consumer credit report except as provided in this section. See N.Y. General Business Law 380-A
  • sufficient proof of authority: means documentation that shows a representative has authority to act on behalf of a protected consumer. See N.Y. General Business Law 380-A
  • sufficient proof of identification: means information or documentation that identifies a protected consumer or a representative of a protected consumer. See N.Y. General Business Law 380-A

(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.

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