2006 New York Code - Preparation And/or Procurement Of Investigative Consumer Reports.

 
    §  380-c.  Preparation  and/or  procurement  of investigative consumer
  reports.   (a) No  person  may  procure  or  cause  to  be  prepared  an
  investigative consumer report on any consumer unless such person:
    (1)  has first provided the consumer with notice of the procurement or
  preparation as described in subdivision (b) of this section, and
    (2)  has  first  received  from  the  consumer  an  authorization  for
  preparation  or  procurement  of  such  investigative consumer report as
  described in subdivision (c) of this section.
    (b) The notice required by this section  shall  be  in  writing  if  a
  written  application  is  made  by the consumer, or may be in writing or
  oral in all other circumstances.  Such notice shall inform the  consumer
  that:
    (1) an investigative consumer report may be requested on the consumer,
  and
    (2)  the consumer upon written request will be informed whether or not
  an investigative consumer report was requested, and if such  report  was
  requested, the name and address of the consumer reporting agency to whom
  the  request  was made.  Upon the furnishing to the consumer of the name
  and address of the consumer reporting agency to  whom  the  request  was
  made  the  consumer  shall also be informed he may inspect and receive a
  copy of such report by contacting such agency.
    (c) The authorization required by  this  section  shall  be  given  in
  writing  or in the same manner as the notice pursuant to this section is
  required to be given.
    (d) If a person applying for credit, insurance, or employment  refuses
  to authorize the procurement or preparation of an investigative consumer
  report,  the  prospective  creditor,  insurer or employer may decline to
  grant credit, insurance or employment on the grounds that the  applicant
  refused to execute such authorization.
    (e)  Where a parent applies for insurance on behalf of or to cover his
  child, or an adult applies for insurance on behalf  of  or  to  cover  a
  minor,  the execution of an authorization and receipt of notice pursuant
  to this section by the parent or  adult  shall  also  be  deemed  to  be
  receipt  of  notice  and  execution  of an authorization by the child or
  minor.
    (f) The notice and authorization requirements of  this  section  shall
  not be applicable to investigative consumer reports procured or prepared
  in  connection with the renewal of a casualty insurance policy where the
  initial application for such policy preceded the effective date of  this
  article.