2013 New York Consolidated Laws
GBS - General Business
Article 25 - (380 - 380-U) FAIR CREDIT REPORTING ACT
380-C - 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.  Additionally,  if  such
  report  was requested with respect to an offer of employment the person,
  firm, partnership, corporation or other entity  requesting  such  report
  shall in such notice also provide the subject of such report with a copy
  of  article twenty-three-A of the correction law governing the licensure
  and employment of persons previously convicted of one or  more  criminal
  offenses.
    (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.