2013 New York Consolidated Laws
GBS - General Business
Article 25 - (380 - 380-U) FAIR CREDIT REPORTING ACT
380-E - Methods and conditions of disclosure to consumers.


NY Gen Bus L § 380-E (2012) What's This?
 
    §  380-e.  Methods  and  conditions  of disclosure to consumers. (a) A
  consumer reporting agency shall  make  the  disclosures  required  under
  section  three  hundred  eighty-d of this article during normal business
  hours and on reasonable notice.
    (b) The disclosure required under section three  hundred  eighty-d  of
  this  article  shall  be  made  to  the  consumer  by one or more of the
  following methods:
    (1)  in  person  if  he  appears  in  person  and   furnishes   proper
  identification, in which case the consumer shall be permitted a personal
  visual inspection of his file and, if he so requests, shall be furnished
  a copy of his entire file or any part thereof,
    (2)  by  telephone  if  he  has  made  a  written request, with proper
  identification, for telephone disclosure and the toll  charge,  if  any,
  for  the  telephone  call  is  prepaid  by  or  charged  directly to the
  consumer, and at the time of the disclosure by  telephone  the  consumer
  shall  be  advised of the right to receive a complete written disclosure
  of the information pertaining to him, or
    (3) by mailing a copy or  transcription  of  all  information  in  the
  consumer's  file  to  him,  if he has made a written request with proper
  identification.
    (c) Every consumer reporting agency shall provide trained personnel to
  explain to the consumer any  information  furnished  to  him  either  by
  personal interview or telephone communication, and information furnished
  by  mail  must  be  accompanied by an explanation of such information if
  provided in code or trade terminology.
    (d) The consumer who seeks disclosure by means of a personal interview
  pursuant to paragraph one of subdivision (b) of this  section  shall  be
  permitted  to  be  accompanied  by one other person of his choosing, who
  shall furnish reasonable identification. A consumer reporting agency may
  require the consumer to furnish a written statement granting  permission
  to  the consumer reporting agency to discuss the consumer's file in such
  other person's presence.
    (e) (1)  A  consumer  reporting  agency  shall  make  all  disclosures
  authorized  under section three hundred eighty-d of this article without
  charge to any person who  receives  a  notification  of  adverse  action
  pursuant  to section three hundred eighty-i of this article, or receives
  notification from a debt collection agency affiliated with such consumer
  reporting agency stating the consumer's credit rating may be or has been
  adversely  affected  if,  within  thirty  days  of   receipt   of   such
  notification,  the  consumer  makes  a  request  for  such disclosure. A
  written statement by a consumer  indicating  that  he  has  been  denied
  credit  in  the  past  thirty  days  or  has  been  contacted  by a debt
  collection agency as  described  in  this  paragraph  is  sufficient  to
  require the disclosure without charge.
    (2)  In  all  other  cases  where  such  disclosure  is requested, the
  consumer reporting agency  may  impose  a  reasonable  charge  for  such
  disclosure,  provided  that  such  charges are indicated to the consumer
  prior to making disclosure.
    (3)  Notwithstanding  any  provision  of   paragraph   two   of   this
  subdivision,  the charge imposed for the furnishing of information shall
  not exceed the charge the consumer reporting  agency  would  impose  for
  providing such information to its regular customers.
    (4)  No charge may be made for notifying any person of the deletion of
  information which is found to be in error or  which  can  no  longer  be
  verified.
    (f)  In  addition  to  the disclosure provided by this section and any
  disclosures received by the consumer, the consumer shall be  advised  of
  the  right  to request and receive a decoded written version of the file

  or a written copy of the file, with an explanation  of  any  code  used,
  without charge as subject to subdivision (e) of this section.

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