Section 380-E. Methods and conditions of disclosure to consumers  


Latest version.
  • (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 or more of the
      following methods:
        (1)  in  person  if  he  appears  in  person  and   furnishes   proper
      identification, in which case the consumer shall be permitted a personal
      visual inspection of his file and, if he so requests, shall be furnished
      a copy of his entire file or any part thereof,
        (2)  by  telephone  if  he  has  made  a  written request, with proper
      identification, for telephone disclosure and the toll  charge,  if  any,
      for  the  telephone  call  is  prepaid  by  or  charged  directly to the
      consumer, and at the time of the disclosure by  telephone  the  consumer
      shall  be  advised of the right to receive a complete written disclosure
      of the information pertaining to him, or
        (3) by mailing a copy or  transcription  of  all  information  in  the
      consumer's  file  to  him,  if he has made a written request with proper
      identification.
        (c) Every consumer reporting agency shall provide trained personnel to
      explain to the consumer any  information  furnished  to  him  either  by
      personal interview or telephone communication, and information furnished
      by  mail  must  be  accompanied by an explanation of such information if
      provided in code or trade terminology.
        (d) The consumer who seeks disclosure by means of a personal interview
      pursuant to paragraph one of subdivision (b) of this  section  shall  be
      permitted  to  be  accompanied  by one other person of his choosing, who
      shall furnish reasonable identification. A consumer reporting agency may
      require the consumer to furnish a written statement granting  permission
      to  the consumer reporting agency to discuss the consumer's file in such
      other person's presence.
        (e) (1)  A  consumer  reporting  agency  shall  make  all  disclosures
      authorized  under section three hundred eighty-d of this article without
      charge to any person who  receives  a  notification  of  adverse  action
      pursuant  to section three hundred eighty-i of this article, or receives
      notification from a debt collection agency affiliated with such consumer
      reporting agency stating the consumer's credit rating may be or has been
      adversely  affected  if,  within  thirty  days  of   receipt   of   such
      notification,  the  consumer  makes  a  request  for  such disclosure. A
      written statement by a consumer  indicating  that  he  has  been  denied
      credit  in  the  past  thirty  days  or  has  been  contacted  by a debt
      collection agency as  described  in  this  paragraph  is  sufficient  to
      require the disclosure without charge.
        (2)  In  all  other  cases  where  such  disclosure  is requested, the
      consumer reporting agency  may  impose  a  reasonable  charge  for  such
      disclosure,  provided  that  such  charges are indicated to the consumer
      prior to making disclosure.
        (3)  Notwithstanding  any  provision  of   paragraph   two   of   this
      subdivision,  the charge imposed for the furnishing of information shall
      not exceed the charge the consumer reporting  agency  would  impose  for
      providing such information to its regular customers.
        (4)  No charge may be made for notifying any person of the deletion of
      information which is found to be in error or  which  can  no  longer  be
      verified.
        (f)  In  addition  to  the disclosure provided by this section and any
      disclosures received by the consumer, the consumer shall be  advised  of
      the  right  to request and receive a decoded written version of the file
    
      or a written copy of the file, with an explanation  of  any  code  used,
      without charge as subject to subdivision (e) of this section.