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.
Last modified: February 3, 2019