380 – Short Title.

§ 380. Short title. This article may be cited as the “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 […]

380-B – Permissible Dissemination of Reports.

§ 380-b. Permissible dissemination of reports. (a) A consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or (2) In accordance with the written instructions of the consumer to whom it relates, or […]

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 […]

380-D – Disclosure to Consumers.

§ 380-d. Disclosure to consumers. (a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: (1) all information in its files at the time of the request concerning such consumer; and (2) the sources of the information; except that the sources of information acquired […]

380-E – Methods and Conditions of Disclosure to Consumers.

§ 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 […]

380-F – Procedure for Resolving Disputes.

§ 380-f. Procedure for resolving disputes. (a) If a consumer disputes any item of information contained in his file, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall promptly re-investigate and record the current status of such information, unless it has reasonable grounds to believe […]

380-G – Public Record Information.

§ 380-g. Public record information. A consumer reporting agency which compiles and reports items of information on consumers which are matters of public record shall: (a) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported […]

380-H – Restrictions on Investigative Consumer Reports.

§ 380-h. Restrictions on investigative consumer reports. (a) Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in such report, other than information which is a matter of public record, may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such […]

380-I – Requirements on Users of Consumer Reports.

§ 380-i. Requirements on users of consumer reports. (a) Whenever credit or insurance for personal, family or household purposes is denied, or whenever a residential rental or lease is denied, or the charge for such credit or insurance, or rental or lease is increased, either wholly or partly because of information contained in a consumer […]

380-J – Prohibited Information.

§ 380-j. Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pending, (2) relative to a consumer’s race, religion, color, ancestry […]

380-K – Compliance Procedures.

§ 380-k. Compliance procedures. Every consumer or reporting agency shall maintain reasonable procedures designed to avoid violations of sections three hundred eighty-b, three hundred eighty-j and three hundred eighty-t of this article and to limit the furnishing of consumer reports to the purposes listed under said section three hundred eighty-b. These procedures shall require all […]

380-L – Civil Liability for Willful Noncompliance.

§ 380-l. Civil liability for willful noncompliance. Any person, firm, partnership, corporation, or association whose knowing and willful violation of section three hundred eighty-s of this article resulted in the transmission or provision to a consumer reporting agency of information that would otherwise not have been transmitted or provided, and any consumer reporting agency or […]

380-M – Civil Liability for Negligent Noncompliance.

§ 380-m. Civil liability for negligent noncompliance. Any consumer reporting agency or user of information who or which is negligent in failing to comply with any requirement imposed under this article, other than a violation of section three hundred eighty-t of this article, with respect to any consumer is liable to that consumer in an […]

380-N – Jurisdiction of Courts; Limitation of Actions.

§ 380-n. Jurisdiction of courts; limitation of actions. An action to enforce any liability, created under this article may be brought in any court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this article to […]

380-O – Obtaining or Introducing Information Under False Pretenses; Penalty.

§ 380-o. Obtaining or introducing information under false pretenses; penalty. 1. Any person who knowingly and willfully obtains information concerning a consumer from a consumer reporting agency under false pretenses shall, upon conviction, be fined not more than five thousand dollars or imprisoned not more than one year, or both. 2. Any person who knowingly […]

380-P – Unauthorized Disclosures by Officers or Employees; Penalty.

§ 380-p. Unauthorized disclosures by officers or employees; penalty. Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency’s files to a person not authorized to receive that information shall, upon conviction, be fined not more than five thousand dollars or imprisoned not more […]

380-Q – Disclosure of Medical Information.

§ 380-q. Disclosure of medical information. Whenever any provision of this article requires disclosure of medical information, or the disclosure of a reason for adverse action which involves medical information, such information or reason shall be disclosed only to a physician designated by the consumer for such purpose.

380-R – Disclosures to Governmental Agencies.

§ 380-r. Disclosures to governmental agencies. Notwithstanding the provisions of section three hundred eighty-b of this article, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment to a governmental agency.

380-S – Theft of Identity.

§ 380-s. Theft of identity. No person, firm, partnership, corporation, or association or employee thereof shall knowingly and with the intent to defraud, obtain, possess, transfer, use, or attempt to obtain, possess, transfer, or use credit, goods, services or anything else of value in the name of another person without his or her consent.