Section 380-A. Definitions  


Latest version.
  • 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 reporting agency  bearing
      on  a  consumer's  credit  worthiness, credit standing, credit capacity,
      character, general reputation,  personal  characteristics,  or  mode  of
      living  which  is  used  or expected to be used or collected in whole or
      part for the  purpose  of  serving  as  a  factor  in  establishing  the
      consumer's  eligibility for (i) credit or insurance to be used primarily
      for personal, family, or household purposes, (ii)  employment  purposes,
      or  (iii) other purposes authorized under section three hundred eighty-b
      of this article.
        (2) The term  "consumer  report"  does  not  include  (i)  any  report
      containing  information solely as to transactions or experiences between
      the consumer and the person making the report, (ii) any authorization or
      approval of a specific extension of credit directly or indirectly by the
      issuer of a credit card or similar device, or (iii) any report in  which
      a  person  who  has  been  requested by a third party to make a specific
      extension of credit directly or indirectly to  a  consumer  conveys  his
      decision  with  respect  to such request, if the third party advises the
      consumer of the name and address of the person to whom the  request  was
      made  and  such  person  makes  the disclosures to the consumer required
      under section three hundred eighty-i of this article.
        (d) The term "investigative consumer report" means a  consumer  report
      or  portion  thereof  in  which  information  on a consumer's character,
      general reputation, personal  characteristics,  or  mode  of  living  is
      obtained   through  personal  interviews  with  neighbors,  friends,  or
      associates of the consumer reported on or with others with  whom  he  is
      acquainted  or  who  may  have  knowledge  concerning  any such items of
      information.   However, such  information  shall  not  include  specific
      factual information on a consumer's credit record obtained directly from
      a creditor of the consumer or from a consumer reporting agency when such
      information  was  obtained  directly  from a creditor of the consumer or
      from the consumer.
        (e) The term "consumer reporting agency" means  any  person  who,  for
      monetary  fees,  dues,  or  on  a cooperative nonprofit basis, regularly
      engages in whole or in part in the practice of assembling or  evaluating
      consumer  credit  information  or other information on consumers for the
      purpose of furnishing consumer reports or investigative consumer reports
      to third parties.
        (f) The term "file" when used in connection with  information  on  any
      consumer,  means  all  of  the information on that consumer recorded and
      retained  by  a  consumer  reporting  agency  regardless  of   how   the
      information is stored.
        (g)  The  term  "employment  purposes"  when used in connection with a
      consumer report means a report used for  the  purpose  of  evaluating  a
      consumer  for  employment,  promotion,  reassignment  or retention as an
      employee.
        (h) The term "adverse information" means information that is likely to
      have a negative effect upon the ability or eligibility of a consumer  to
      obtain  credit,  insurance,  employment,  or  other  benefits,  goods or
      services or information that is either wholly or  partially  responsible
      for increases in charges for credit or insurance.
        (i)  The  term  "user"  when discussed in connection with the use of a
      consumer report means any person  receiving  or  requesting  a  consumer
    
      report  or  an  investigative  consumer  report  other  than the subject
      thereof.
        (j)  The  term  "medical  information"  means  information  or records
      obtained, with the consent of the individual to whom  it  relates,  from
      licensed  physicians  or  medical  practitioners, hospitals, clinics, or
      other medical or medically related facilities.
        (k) The term "consumer  credit  reporting  agency"  means  a  consumer
      reporting agency that regularly engages in the practice of assembling or
      evaluating  and  maintaining,  for  the  purpose  of furnishing consumer
      credit  reports  to  third  parties  bearing  on  a  consumer's   credit
      worthiness,   credit   standing,   or  credit  capacity,  public  record
      information and credit account information from persons who furnish that
      information regularly and in the ordinary course of business.
        (l)  The  term  "consumer  credit  report"  means  a  consumer  report
      assembled,  evaluated  or  maintained  by  a  consumer  credit reporting
      agency, bearing on a consumer's credit worthiness, credit  standing,  or
      credit capacity.
        (m)  The  term  "security freeze" or "freeze" means a notice placed in
      the consumer credit report of or relating to a consumer, at the  request
      of  such  consumer and subject to certain exceptions, that prohibits the
      consumer credit reporting agency  from  releasing  the  consumer  credit
      report,  the  contents  of  such  report  or  the  credit  score of such
      consumer.
        (n) The  term  "proper  identification"  means  information  generally
      deemed sufficient to identify a person.