Bill Text: NY S08118 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2020-05-18 - PRINT NUMBER 8118B [S08118 Detail]

Download: New_York-2019-S08118-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8118--A

                    IN SENATE

                                     March 23, 2020
                                       ___________

        Introduced  by  Sens. THOMAS, BAILEY, BIAGGI, GAUGHRAN, GOUNARDES, HOYL-
          MAN, KRUEGER, METZGER, RIVERA, SEPULVEDA --  read  twice  and  ordered
          printed, and when printed to be committed to the Committee on Consumer
          Protection -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN  ACT  to amend the general business law, in relation to prohibiting a
          consumer reporting agency from reporting certain  adverse  information
          during  the state of emergency caused by the novel coronavirus pandem-
          ic; and providing for the repeal of such  provisions  upon  expiration
          thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 380-j of the general business  law  is  amended  by
     2  adding a new subdivision (i) to read as follows:
     3    (i)  (1)  No  consumer  reporting  agency shall report any new adverse
     4  information that is a result of the novel  coronavirus pandemic  (COVID-
     5  19)  in  a consumer report pertaining to an affected person who notifies
     6  the agency pursuant to paragraph three of this subdivision.
     7    (2) For the purposes of this subdivision, the  following  terms  shall
     8  have the following meanings:
     9    (i)    "affected  person"  shall  mean  a resident of New York who has
    10  suffered financial hardship as a result of the novel coronavirus pandem-
    11  ic (COVID-19);
    12    (ii) "the novel coronavirus pandemic (COVID-19)" shall  refer  to  the
    13  period of the state of emergency declared by executive order two hundred
    14  two  on  March  seventh,  two  thousand  twenty and for purposes of this
    15  subdivision shall include a period of ninety days following the  conclu-
    16  sion of such state of emergency.
    17    (3)  An  affected person may contact any consumer reporting agency and
    18  request that the agency disregard any adverse information related to the
    19  person obtained by the agency  during  the  novel  coronavirus  pandemic
    20  (COVID-19).  The  affected  person shall include in the request proof of
    21  financial hardship resulting from the coronavirus pandemic.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15847-03-0
        S. 8118--A                          2

     1    (4) Any consumer  reporting  agency  that  receives  a  request  shall
     2  respond  to the affected person and the superintendent of the department
     3  of financial services within five days of receiving the request.
     4    (5)  Where a consumer has provided sufficient proof of financial hard-
     5  ship, a consumer reporting agency that maintains a file on the  consumer
     6  shall  include  an  alert  in that file indicating that the consumer has
     7  been impacted by the coronavirus pandemic and shall provide  that  alert
     8  along  with or accompanying any consumer report or credit score provided
     9  by the agency, beginning on the date of the request, unless the consumer
    10  requests that such alert be removed.
    11    (6) No charge shall be imposed by a consumer reporting agency pursuant
    12  to section three hundred eighty-d of this article with  respect  to  the
    13  request made by a consumer pursuant to this subdivision.
    14    (7)  The provisions of this subdivision shall be enforced concurrently
    15  by the superintendent of financial services  and  the  director  of  the
    16  division of consumer protection.
    17    §  2.  This  act  shall take effect immediately and shall be deemed to
    18  have been in full force and effect on and after March 7, 2020;  provided
    19  that  the  provisions  of  this  act shall expire and be deemed repealed
    20  ninety days after the expiration of  the  declared  state  of  emergency
    21  relating  to  the  novel  coronavirus (COVID-19); and provided, further,
    22  that the superintendent of financial services shall notify the  legisla-
    23  tive  bill  drafting commission upon the occurrence of the expiration of
    24  the state disaster emergency declared by executive order number 202  and
    25  any  further amendments or modifications, and as may be further extended
    26  pursuant to section 28 of the executive law, in order that  the  commis-
    27  sion  may  maintain  an  accurate  and timely effective data base of the
    28  official text of the laws of the state of New  York  in  furtherance  of
    29  effectuating  the  provisions  of  section 44 of the legislative law and
    30  section 70-b of the public officers law.