Section 380-D. Disclosure to consumers  


Latest version.
  • (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  solely  for  use  in  preparing  an  investigative
      consumer  report  and  actually  used  for  no other purpose need not be
      disclosed; provided, however, that in the event  an  action  is  brought
      under section three hundred eighty-n of this article, such sources shall
      be  available to the plaintiff under appropriate discovery procedures in
      the court in which the action is brought; and
        (3) the recipients of any consumer report on the consumer which it has
      furnished;
        (i) for employment purposes within the two-year period  preceding  the
      request, and
        (ii)  for  any other purpose within the six month period preceding the
      request.
        (b) The requirements of subdivision (a) of this section respecting the
      disclosure of sources of information  and  the  recipients  of  consumer
      reports  do  not  apply  to  information  received  or  consumer reports
      furnished prior to the effective date of  this  article  except  to  the
      extent  that  the  matter  involved  is  contained  in  the files of the
      consumer reporting agency on that date.
        (c)  Notwithstanding  any  other  provision  of  this  article,  every
      consumer  reporting agency, upon contact by a consumer by phone, mail or
      in person regarding information which may be contained in  the  agency's
      files  which  has  been  or  may  be used for the purpose of providing a
      consumer report regarding  that  consumer,  shall  promptly  advise  the
      consumer  of  the  obligation of the agency to provide disclosure of the
      files in person, by mail or  by  telephone  pursuant  to  this  section,
      including  the  obligation  of  the  agency to provide a decoded written
      version of the file or a written copy of the file with an explanation of
      any code used, if the consumer so  requests.  The  disclosure  shall  be
      provided in the manner selected by the consumer.  All consumers shall be
      specifically  advised  that  if they have been denied credit in the past
      thirty days they are  entitled  to  receive  a  written  copy  of  their
      complete  file,  at  no charge whatsoever, should they choose to request
      such a copy.