2013 New York Consolidated Laws
GBS - General Business
Article 25 - (380 - 380-U) FAIR CREDIT REPORTING ACT
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.