S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    657
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. BRAUNSTEIN, ABINANTI, GUNTHER, GOTTFRIED, WEPRIN,
   L. ROSENTHAL, COLTON, CAHILL, O'DONNELL, PEOPLES-STOKES, STECK, PERRY,
   OTIS,  RODRIGUEZ,  SIMON, BUTTENSCHON, CRUZ, EPSTEIN, SEAWRIGHT, GRIF-
   FIN, MONTESANO -- Multi-Sponsored by -- M. of A. COOK,  GALEF,  GLICK,
   McDONOUGH  --  read  once  and  referred  to the Committee on Consumer
   Affairs and Protection
 
 AN ACT to amend the general business law, in relation to  the  sale  and
   use of employment information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 380-v of the general business law,  as  relettered
 by  chapter  441  of the laws of 2014, is relettered section 380-w and a
 new section 380-v is added to read as follows:
   § 380-V. SALE AND USE OF EMPLOYMENT  INFORMATION.    (A)  NO  CONSUMER
 REPORTING  AGENCY  OR  ANY  SUBSIDIARY  THEREOF SHALL SELL OR RESELL, OR
 OFFER FOR SALE OR RESALE OR DISTRIBUTE  EMPLOYMENT  INFORMATION  TO  ANY
 PRINCIPAL  CREDITOR,  AS  THAT  TERM  IS DEFINED IN SUBDIVISION THREE OF
 SECTION SIX HUNDRED OF THIS CHAPTER, OR  OTHER  DEBT  COLLECTOR  WITHOUT
 VERIFYING  THAT  SUCH SALE, RESALE, OR DISTRIBUTION WAS DISCLOSED TO THE
 CONSUMER TO WHOM SUCH EMPLOYMENT  INFORMATION  PERTAINS  IN  A  SEPARATE
 STAND-ALONE  DOCUMENT,  AND  THAT WRITTEN CONSENT FROM SUCH CONSUMER WAS
 OBTAINED.  EMPLOYMENT INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 PAYROLL  AND  EARNINGS  INFORMATION,  HOURS WORKED, CONSUMER HISTORY AND
 HEALTH INSURANCE INFORMATION.
   (B) SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE,
 STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR  USE
 OR TRANSACTION FOR WHICH CONSENT IS GIVEN.
   (C)  WHEREVER  THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA-
 TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF
 THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03472-01-1

 A. 657                              2
 
 SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
 DEFENDANT  OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  TWO  THOUSAND  DOLLARS  FOR EACH VIOLATION. IN CONNECTION WITH ANY
 SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS  AUTHORIZED  TO  TAKE
 PROOF  AND  MAKE  A  DETERMINATION  OF  THE  RELEVANT FACTS AND TO ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   (D) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
 COMPENSATORY DAMAGES AND ONE THOUSAND DOLLARS, OR BOTH SUCH ACTIONS. THE
 COURT  MAY,  IN  ITS  DISCRETION, AWARD THE PREVAILING PLAINTIFF IN SUCH
 ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND DOLLARS,  IF  THE
 COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED THE PROVISIONS OF THIS
 SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A  PREVAILING
 PLAINTIFF.
   (E)  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS, REME-
 DIES OR PRIVILEGES THAT ARE OTHERWISE AVAILABLE TO A CONSUMER AT LAW  OR
 EQUITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.