N.Y. Comp. Codes R. & Regs. tit. 23 § 201.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201.6 - Prohibited Practices

No consumer credit reporting agency that is required to be registered pursuant to section 201.02 of this Part shall:

(a) directly or indirectly employ any scheme, device or artifice to defraud or mislead a consumer that is prohibited by any federal law, or by any New York State law that is not preempted by federal law;

(b) engage in any unfair, deceptive or predatory act or practice toward any consumer that is prohibited by federal law, or by any New York State law that is not preempted by federal law;

(c) if prohibited by any federal law or by any New York State law that is not preempted by federal law, misrepresent or omit any material information in connection with the assembly, evaluation, or maintenance of a credit report for a New York consumer;

(d) engage in any unfair, deceptive, or abusive act or practice in violation of section 1036 of the Dodd-Frank Wall Street Reform and Consumer Protection Act;

(e) fail to comply with the provisions of federal law relating to the accuracy of the information in any consumer report relating to a New York consumer;

(f) refuse to communicate with an authorized representative of a New York consumer who provides a written authorization signed by the consumer, provided that the consumer credit reporting agency may adopt procedures reasonably related to verifying that the representative is in fact authorized to act on behalf of the consumer, and provided further that the authorized representative is not a credit repair organization, or associated with a credit repair organization, as defined in 15 U.S.C. § 1679a(3); or

(g) make any false statement or make any omission of a material fact in connection with any information or reports filed with a governmental agency or in connection with any investigation conducted by the superintendent or another governmental agency.

N.Y. Comp. Codes R. & Regs. Tit. 23 § 201.6

Adopted New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018