N.Y. General Business Law § 380-u: Security record freeze for protected minors

§ 380-u. Security record freeze for protected minors. (a) A consumer

credit reporting agency shall place a security freeze for a protected

consumer if:

(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.