§ 380-E — Methods and conditions of disclosure to consumers

New York § 380-E

• Jurisdiction: New York
• Law GBS: General Business
• Art. 25: Fair Credit Reporting Act

Text

§ 380-e. Methods and conditions of disclosure to consumers. (a) A\nconsumer reporting agency shall make the disclosures required under\nsection three hundred eighty-d of this article during normal business\nhours and on reasonable notice.\n (b) The disclosure required under section three hundred eighty-d of\nthis article shall be made to the consumer by one or more of the\nfollowing methods:\n (1) in person if he appears in person and furnishes proper\nidentification, in which case the consumer shall be permitted a personal\nvisual inspection of his file and, if he so requests, shall be furnished\na copy of his entire file or any part thereof,\n (2) by telephone if he has made a written request, with proper\nidentification, for telephone disclosure and the toll charge, if any,\nfor the telephone call is prepaid by or charged directly to the\nconsumer, and at the time of the disclosure by telephone the consumer\nshall be advised of the right to receive a complete written disclosure\nof the information pertaining to him, or\n (3) by mailing a copy or transcription of all information in the\nconsumer's file to him, if he has made a written request with proper\nidentification.\n (c) Every consumer reporting agency shall provide trained personnel to\nexplain to the consumer any information furnished to him either by\npersonal interview or telephone communication, and information furnished\nby mail must be accompanied by an explanation of such information if\nprovided in code or trade terminology.\n (d) The consumer who seeks disclosure by means of a personal interview\npursuant to paragraph one of subdivision (b) of this section shall be\npermitted to be accompanied by one other person of his choosing, who\nshall furnish reasonable identification. A consumer reporting agency may\nrequire the consumer to furnish a written statement granting permission\nto the consumer reporting agency to discuss the consumer's file in such\nother person's presence.\n (e) (1) A consumer reporting agency shall make all disclosures\nauthorized under section three hundred eighty-d of this article without\ncharge to any person who receives a notification of adverse action\npursuant to section three hundred eighty-i of this article, or receives\nnotification from a debt collection agency affiliated with such consumer\nreporting agency stating the consumer's credit rating may be or has been\nadversely affected if, within thirty days of receipt of such\nnotification, the consumer makes a request for such disclosure. A\nwritten statement by a consumer indicating that he has been denied\ncredit in the past thirty days or has been contacted by a debt\ncollection agency as described in this paragraph is sufficient to\nrequire the disclosure without charge.\n (2) In all other cases where such disclosure is requested, the\nconsumer reporting agency may impose a reasonable charge for such\ndisclosure, provided that such charges are indicated to the consumer\nprior to making disclosure.\n (3) Notwithstanding any provision of paragraph two of this\nsubdivision, the charge imposed for the furnishing of information shall\nnot exceed the charge the consumer reporting agency would impose for\nproviding such information to its regular customers.\n (4) No charge may be made for notifying any person of the deletion of\ninformation which is found to be in error or which can no longer be\nverified.\n (f) In addition to the disclosure provided by this section and any\ndisclosures received by the consumer, the consumer shall be advised of\nthe right to request and receive a decoded written version of the file\nor a written copy of the file, with an explanation of any code used,\nwithout charge as subject to subdivision (e) of this section.\n