§ 380-C — Preparation and/or procurement of investigative consumer reports

§ 380-c. Preparation and/or procurement of investigative consumer\nreports. (a) No person may procure or cause to be prepared an\ninvestigative consumer report on any consumer unless such person:\n (1) has first provided the consumer with notice of the procurement or\npreparation as described in subdivision (b) of this section, and\n (2) has first received from the consumer an authorization for\npreparation or procurement of such investigative consumer report as\ndescribed in subdivision (c) of this section.\n (b) The notice required by this section shall be in writing if a\nwritten application is made by the consumer, or may be in writing or\noral in all other circumstances. Such notice shall inform the consumer\nthat:\n (1) an investigative consumer report may be requested on the consumer,\nand\n (2) the consumer upon written request will be informed whether or not\nan investigative consumer report was requested, and if such report was\nrequested, the name and address of the consumer reporting agency to whom\nthe request was made. Upon the furnishing to the consumer of the name\nand address of the consumer reporting agency to whom the request was\nmade the consumer shall also be informed he may inspect and receive a\ncopy of such report by contacting such agency. Additionally, if such\nreport was requested with respect to an offer of employment the person,\nfirm, partnership, corporation or other entity requesting such report\nshall in such notice also provide the subject of such report with a copy\nof article twenty-three-A of the correction law governing the licensure\nand employment of persons previously convicted of one or more criminal\noffenses.\n (c) The authorization required by this section shall be given in\nwriting or in the same manner as the notice pursuant to this section is\nrequired to be given.\n (d) If a person applying for credit, insurance, or employment refuses\nto authorize the procurement or preparation of an investigative consumer\nreport, the prospective creditor, insurer or employer may decline to\ngrant credit, insurance or employment on the grounds that the applicant\nrefused to execute such authorization.\n (e) Where a parent applies for insurance on behalf of or to cover his\nchild, or an adult applies for insurance on behalf of or to cover a\nminor, the execution of an authorization and receipt of notice pursuant\nto this section by the parent or adult shall also be deemed to be\nreceipt of notice and execution of an authorization by the child or\nminor.\n (f) The notice and authorization requirements of this section shall\nnot be applicable to investigative consumer reports procured or prepared\nin connection with the renewal of a casualty insurance policy where the\ninitial application for such policy preceded the effective date of this\narticle.\n