§ 380-j. Prohibited information. (a) No consumer reporting agency\nshall report or maintain in the file on a consumer, information:\n (1) relative to an arrest or a criminal charge unless there has been a\ncriminal conviction for such offense, or unless such charges are still\npending,\n (2) relative to a consumer's race, religion, color, ancestry or ethnic\norigin,\n (3) relative to a medical debt as defined in this statute; or\n (4) which it has reason to know is inaccurate.\n (b) Notwithstanding the provisions of paragraph one of subdivision (a)\nof this section, a consumer reporting agency may collect, evaluate,\nprepare, use or report information relative to a detention of an\nindividual by a retail mercantile establishment, provided that:\n (1) the individual has executed an uncoerced admission of wrongdoing;\n (2) with respect to a detention made on or after the effective date of\nthis article the retail mercantile establishment has, prior to\ntransmitting to a consumer reporting agency information concerning such\ndetention, delivered to the individual a written notice containing:\n (i) a statement that the information may be furnished to a consumer\nreporting agency, and that such information may be reported to a retail\nmercantile establishment for employment purposes,\n (ii) a statement that the individual may request disclosure by the\nconsumer reporting agency of information in the agency's file on such\nindividual, and that the completeness or accuracy of such information\nmay be disputed by the individual, and\n (iii) the name and address of such consumer reporting agency; and\n (3) the user of such information certifies to the consumer reporting\nagency that such information will be used only in connection with\nemployment purposes.\n (c) In the event that a criminal charge is filed subsequent to the\ndetention described in subdivision (b) of this section, the disposition\nof such charge shall be recorded by the consumer reporting agency in the\nfile on such individual upon the request of such individual and upon his\nfurnishing proof of such disposition.\n (d) No consumer reporting agency shall issue a consumer report which\nlists a person as having been denied credit if the sole reason for such\ndenial is lack of sufficient information to grant credit, unless the\nreport states that the denial was for such reason.\n (e) Consumer reporting agencies shall maintain reasonable procedures\ndesigned to assure maximum possible accuracy of the information\nconcerning the individual about whom the report relates.\n (f) (1) Except as authorized under paragraph two of this subdivision,\nno consumer reporting agency may make any consumer report containing any\nof the following items of information.\n (i) bankruptcies which, from date of adjudication of the most recent\nbankruptcy, antedate the report by more than fourteen years;\n (ii) judgements which, from date of entry, antedate the report by more\nthan seven years or until the governing statute of limitations has\nexpired, whichever is the longer period; or judgments which, from date\nof entry, having been satisfied within a five year period from such\nentry date, shall be removed from the report five years after such entry\ndate;\n (iii) paid tax liens which, from date of payment, antedate the report\nby more than seven years or, a paid, satisfied or vacated tax lien\ninvolving a purchaser, transferee or assignee in a bulk sale transaction\nwho has been deemed liable by the state tax commission for sales taxes\ndue from a seller, transferrer or assignor under subdivision (c) of\nsection eleven hundred forty-one of the tax law, where the receipt by a\ncredit reporting agency from such purchaser, transferee or assignee of a\nnotice, or true copy thereof, from the state tax commission to such\npurchaser, transferee or assignee that his liability has been wholly\npaid or satisfied or no longer exists, antedates the report by more than\nthirty days;\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.