N.Y. General Business Law § 380-a: Definitions

§ 380-a. Definitions. As used in this article:

(a) The term "person" means any individual, partnership, corporation,

trust, estate, co-operative, association, government or governmental

subdivision, agency or other entity.

(b) The term "consumer" means an individual.

(c) (1) The term "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.

(2) The term "consumer report" does not include (i) any report

containing information solely as to transactions or experiences between

the consumer and the person making the report, (ii) any authorization or

approval of a specific extension of credit directly or indirectly by the

issuer of a credit card or similar device, or (iii) any report in which

a person who has been requested by a third party to make a specific

extension of credit directly or indirectly to a consumer conveys his

decision with respect to such request, if the third party advises the

consumer of the name and address of the person to whom the request was

made and such person makes the disclosures to the consumer required

under section three hundred eighty-i of this article.

(d) The term "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. However, such information shall not include specific

factual information on a consumer's credit record obtained directly from

a creditor of the consumer or from a consumer reporting agency when such

information was obtained directly from a creditor of the consumer or

from the consumer.

(e) The term "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.

(f) The term "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.

(g) The term "employment purposes" when used in connection with a

consumer report means a report used for the purpose of evaluating a

consumer for employment, promotion, reassignment or retention as an

employee.

(h) The term "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.

(i) The term "user" when discussed in connection with the use of a

consumer report means any person receiving or requesting a consumer

report or an investigative consumer report other than the subject

thereof.

(j) The term "medical information" means information or records

obtained, with the consent of the individual to whom it relates, from

licensed physicians or medical practitioners, hospitals, clinics, or

other medical or medically related facilities.

(k) The term "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.

(l) The term "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.

(m) The term "security freeze" or "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.

(n) The term "proper identification" means information generally

deemed sufficient to identify a person.

(o) The term "protected consumer" means an individual who is under the

age of eighteen years at the time a request for the placement of a

security freeze is made.

(p) The term "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.

(q) The term "representative" means a person who provides to a

consumer credit reporting agency sufficient proof of authority to act on

behalf of a protected consumer.

(r) The term "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.

(s) The term "sufficient proof of authority" means documentation that

shows a representative has authority to act on behalf of a protected

consumer. "Sufficient proof of authority" shall include, but not be

limited to, (1) an order issued by a court of law; or (2) a written,

notarized statement signed by a representative that expressly describes

the authority of the representative to act on behalf of a protected

consumer.

(t) The term "sufficient proof of identification" means information or

documentation that identifies a protected consumer or a representative

of a protected consumer. "Sufficient proof of identification" shall

include, but not be limited to, (1) a social security number or a copy

of a social security card issued by the social security administration;

(2) a certified or official copy of a birth certificate; or (3) a copy

of a driver's license, an identification card issued by the department

of motor vehicles, or any other government-issued photo identification.

(u) The term "members of a consumer's social network" means a group of

individuals authorized by a consumer to be part of his or her social

media communications and network.

(v) The term "medical debt" means any obligation or alleged obligation

of a consumer to pay any amount whatsoever related to the receipt of

health care services, products, or devices provided to a person by a

hospital licensed under article twenty-eight of the public health law, a

health care professional authorized under title eight of the education

law, or an ambulance service certified under article thirty of the

public health law. Medical debt does not include debt charged to a

credit card unless the credit card is issued under an open-ended or

closed-ended plan offered specifically for the payment of health care

services, products, or devices provided to a person.

(w) The term "consumer credit history" means an individual's credit

worthiness, credit standing, credit capacity or payment history, as

indicated by:

(1) a consumer credit report;

(2) credit score; or

(3) information an employer obtains directly from the individual

regarding (i) details about credit accounts, including the individual's

number of credit accounts, late or missed payments, charged-off debts,

items in collections, credit limit or prior credit report inquiries, or

(ii) bankruptcies, judgments or liens.

A consumer credit report shall include any written or other

communication of any information by a consumer reporting agency that

bears on a consumer's creditworthiness, credit standing, credit capacity

or credit history.

(x) The term "employer" means any individual, partnership, corporation

or association engaged in a business who has employees including the

state and its political subdivisions.