N.Y. General Business Law Section 380-L
Civil liability for willful noncompliance

Any person, firm, partnership, corporation, or association whose knowing and willful violation of § 380-S (Theft of identity)section three hundred eighty-s of this article resulted in the transmission or provision to a consumer reporting agency of information that would otherwise not have been transmitted or provided, and any consumer reporting agency or user of information who or which willfully and knowingly fails to comply with any requirement imposed under this article with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(a)

Any actual damages sustained by the consumer as a result of such failure or as a result of a violation of § 380-S (Theft of identity)section three hundred eighty-s of this article;

(b)

Such amount of punitive damages as the court may allow; and

(c)

In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney’s fees as determined by the court.

Source: Section 380-L — Civil liability for willful noncompliance, https://www.nysenate.gov/legislation/laws/GBS/380-L (updated Sep. 22, 2014; accessed Oct. 26, 2024).

380
Short title 380‑A
Definitions 380‑B
Permissible dissemination of reports 380‑C
Preparation and/or procurement of investigative consumer reports 380‑D
Disclosure to consumers 380‑E
Methods and conditions of disclosure to consumers 380‑F
Procedure for resolving disputes 380‑G
Public record information 380‑H
Restrictions on investigative consumer reports 380‑I
Requirements on users of consumer reports 380‑J
Prohibited information 380‑K
Compliance procedures 380‑L
Civil liability for willful noncompliance 380‑M
Civil liability for negligent noncompliance 380‑N
Jurisdiction of courts 380‑O
Obtaining or introducing information under false pretenses 380‑P
Unauthorized disclosures by officers or employees 380‑Q
Disclosure of medical information 380‑R
Disclosures to governmental agencies 380‑S
Theft of identity 380‑T
Security freeze 380‑U
Security record freeze for protected minors 380‑V
Severability

Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 380-L’s source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._general_business_law_section_380-l

Original Source: Section 380-L — Civil liability for willful noncompliance, https://www.nysenate.gov/legislation/laws/GBS/380-L (last accessed Aug. 20, 2023).

N.Y. General Business Law Section 380-L Civil liability for willful noncompliance

(a)

(b)

(c)

N.Y. General Business Law Section 380-L
Civil liability for willful noncompliance