STATE OF NEW YORK
________________________________________________________________________
2778
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
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Introduced by Sens. COMRIE, ADDABBO, BAILEY, BROOKS, CARLUCCI, KRUEGER,
PERSAUD, SANDERS, STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law and the banking law, in
relation to prohibiting a consumer reporting agency or lender from
using an individual's late payment of cashless tolls to determine such
individual's credit worthiness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (vii) and (viii) of paragraph 1 of subdivi-
2 sion (f) of section 380-j of the general business law, as added by chap-
3 ter 867 of the laws of 1977, are amended to read as follows:
4 (vii) information relating to past confinement in a mental institution
5 where the date of last confinement antedates the report by more than
6 seven years; [or]
7 (viii) late payments of any cashless tolls as a factor to determine
8 the consumer's credit worthiness, credit standing or credit capacity; or
9 (ix) any other adverse information which antedates the report by more
10 than seven years.
11 § 2. Section 352 of the banking law is amended by adding a new eighth
12 undesignated paragraph to read as follows:
13 No licensee shall collect, evaluate, report or maintain in the file on
14 a borrower the borrower's late payment of cashless tolls as a factor to
15 determine the borrower's credit worthiness, credit standing or credit
16 capacity. The provisions of this paragraph shall be enforced concurrent-
17 ly by the superintendent and the director of the division of consumer
18 protection and each shall utilize their consumer complaint and assist-
19 ance hotlines to document complaints by borrowers who believe that their
20 late payment of cashless tolls is being used to deny them credit. The
21 superintendent shall ensure that the credit scoring formulas filed with
22 the department do not contain variables which account for late payment
23 of cashless tolls as part of that formula by asking the licensee to
24 certify to that fact.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02911-01-9
