§ 380-U — Security record freeze for protected minors

New York § 380-U

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

Text

§ 380-u. Security record freeze for protected minors. (a) A consumer\ncredit reporting agency shall place a security freeze for a protected\nconsumer if:\n (1) The consumer credit reporting agency receives a request from the\nprotected consumer's representative for the placement of the security\nfreeze under this section; and\n (2) The protected consumer's representative (i) submits the request to\nthe consumer credit reporting agency at the address or other point of\ncontact and in the manner specified by the consumer credit reporting\nagency; (ii) provides to the consumer credit reporting agency sufficient\nproof of identification of the protected consumer and the\nrepresentative; (iii) provides to the consumer credit reporting agency\nsufficient proof of authority to act on behalf of the protected\nconsumer; and (iv) pays to the consumer credit reporting agency a fee,\nif any, as provided in this section.\n (b) If a consumer credit reporting agency does not have a file\npertaining to a protected consumer when the consumer credit reporting\nagency receives a request under subdivision (a) of this section, the\nconsumer credit reporting agency shall create a record for the protected\nconsumer.\n (c) Within thirty days after receiving a request that meets the\nrequirements of paragraph two of subdivision (a) of this section, a\nconsumer credit reporting agency shall place a security freeze for the\nprotected consumer on the record created for the protected consumer or\non the file pertaining to the protected consumer in the event that the\nconsumer reporting agency already has a file pertaining to the protected\nconsumer.\n (d) Unless a security freeze for a protected consumer is removed in\naccordance with this section, a consumer credit reporting agency may not\nrelease the protected consumer's consumer credit report, any information\nderived from the protected consumer's consumer report, or any record\ncreated for the protected consumer.\n (e) A security freeze for a protected consumer placed under this\nsection shall remain in effect until:\n (1) The protected consumer or the protected consumer's representative\nrequests the consumer credit reporting agency to remove the security\nfreeze for a protected consumer in accordance with subdivision (f) of\nthis section; or\n (2) The security freeze is removed in accordance with subdivision (i)\nof this section.\n (f) If a protected consumer or a protected consumer's representative\nwishes to remove a security freeze for the protected consumer, the\nprotected consumer or the protected consumer's representative shall:\n (1) Submit a request for the removal of the security freeze to the\nconsumer credit reporting agency at the address or other point of\ncontact and in the manner specified by the consumer credit reporting\nagency;\n (2) Provide to the consumer credit reporting agency: (i) in the case\nof a request by the protected consumer: (A) proof that the sufficient\nproof of authority for the protected consumer's representative to act on\nbehalf of the protected consumer is no longer valid or that the\nprotected consumer has attained the age of sixteen; and (B) sufficient\nproof of identification of the protected consumer; or (ii) in the case\nof a request by the representative of a protected consumer: (A)\nsufficient proof of identification of the protected consumer and the\nrepresentative; and (B) sufficient proof of authority to act on behalf\nof the protected consumer; and (C) payment to the consumer credit\nreporting agency of a fee, if any, as provided in subdivision (h) of\nthis section.\n (g) Within thirty days after receiving a request that meets the\nrequirements of subdivision (f) of this section, the consumer credit\nreporting agency shall remove the security freeze for the protected\nconsumer.\n (h)(1) A consumer credit reporting agency may charge a reasonable fee,\nnot exceeding fifteen dollars, for each placement or removal of a\nsecurity freeze for a protected consumer as provided for in subparagraph\n(iv) of paragraph two of subdivision (a) or clause (C) of subparagraph\n(ii) of paragraph two of subdivision (f) of this section. A consumer\ncredit reporting agency shall not charge a fee for any other service\nperformed under this section.\n (2) Notwithstanding paragraph one of this subdivision, a consumer\ncredit reporting agency may not charge any fee under this section if;\n(i) the protected consumer's representative: (A) has obtained a report\nof alleged identity theft or fraud against the protected consumer; and\n(B) provides a copy of the report to the consumer credit reporting\nagency; or (ii) the consumer credit reporting agency has a consumer\ncredit report pertaining to the protected consumer.\n (i) A consumer credit reporting agency shall remove a security freeze\nfor a protected consumer, or delete a record of a protected consumer, if\nthe security freeze was placed or the record was created based on a\nmaterial misrepresentation of fact by the protected consumer or the\nprotected consumer's representative.\n (j) This section does not apply to:\n (1) A person administering a credit file monitoring subscription\nservice to which: (i) the protected consumer has subscribed; or (ii) the\nrepresentative of the protected consumer has subscribed on behalf of the\nprotected consumer;\n (2) A person providing the protected consumer or the protected\nconsumer's representative with a copy of the protected consumer's\nconsumer credit report upon the request of the protected consumer or the\nprotected consumer's representative;\n (3)(i) An entity listed in paragraphs three through eight of\nsubdivision (m) of section three hundred eighty-t of this article; (ii)\nan entity listed in subdivision (p) of section three hundred eighty-t of\nthis article; or (iii) a consumer credit reporting agency's database or\nfile that consists of information concerning, and used for, one or more\nof the following: criminal record information, fraud prevention or\ndetection, personal loss history information, and employment, tenant, or\nbackground screening.\n (k) Notwithstanding any other provision of law, the exclusive remedy\nfor a violation of this section shall be in an action commenced by the\nattorney general.\n