What's happening
This bill raises the age defining a "protected consumer" from under sixteen to under eighteen for security freeze requests.
Why it matters
Expanding protections to 17-year-olds. By raising the age to under eighteen, 16- and 17-year-olds—who are often targeted for identity theft because they may have clean credit histories—are now explicitly protected, giving families more time to place security freezes before adulthood.
Simplifies management for parents/guardians. Parents and legal guardians will have authority to request and manage security freezes for minors up to age 18, aligning protection with the legal age of adulthood and making it easier to safeguard teens’ credit.
Reduces risk of early credit damage. Teens are increasingly vulnerable to data breaches and identity fraud. This change helps prevent financial harm that could affect access to student loans, housing, or jobs when they turn 18.
Aligns with evolving standards. The update brings New York’s definition of a “protected consumer” in line with other states and federal recommendations, reflecting a broader recognition of youth vulnerability to identity theft.
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Who cares
Headline styles
Raise Protected Consumer Age
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Raise Protected Consumer Age
In Assembly Committee · Consumer Affairs And Protection · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3240
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. COMRIE -- 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, in relation to the definition of "protected consumer"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (o) of section 380-a of the general business law, as added by chapter 441 of the laws of 2014, is amended to read as follows:
(o) The term "protected consumer" means an individual who is under the age of [sixteen] eighteen years at the time a request for the placement of a security freeze is made.
§ 2. Paragraph 2 of subdivision (f) of section 380-u of the general business law, as amended by chapter 3 of the laws of 2015, is amended to read as follows:
(2) Provide to the consumer credit reporting agency: (i) in the case of a request by the protected consumer: (A) proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid or that the protected consumer has attained the age of [sixteen] eighteen; and (B) sufficient proof of identification of the protected consumer; or (ii) in the case of a request by the representative of a protected consumer: (A) sufficient proof of identification of the protected consumer and the representative; and (B) sufficient proof of authority to act on behalf of the protected consumer; and (C) payment to the consumer credit reporting agency of a fee, if any, as provided in subdivision (h) of this section.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01392-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the definition of "protected consumer"
Purpose
Relates to defining a "protected consumer" as an individual who is under the age of 18 years.
Summary of provisions
Section 1 amends subdivision (o) of section 380-a of the general busi- ness law, as added by chapter 441 of the laws of 2014 to read as follows: The term "protected consumer" will mean an individual who is under the age of eighteen years of age at the time a request for the placement of a security freeze is made.
Section 2 Effective date.
Justification
According to the Federal Trade Commission (FTC), a child's social secu- rity number can be used by identity thieves to apply for government benefits, open bank and credit card accounts, apply for a loan or utili- ty service, or rent a place to live. According to a 2011 report from ID Analytics, an identity theft protection firm, an estimated 140,000 minors are at risk of becoming victims of identity theft each and every year. Another 2011 study, from CyLab, a research center at Carnegie Mellon University, examined 43,000 children who were registered with a commercial identity protection service and found that 10% of them had someone else using their social security number. Cylab also documented that kids under the age of 18 are 51 times more likely to become victims of identity theft than their parents. The FTC advises parents to check their children's credit reports to see if their personal information is being misused, and to take immediate action if it is. However, there is a glaring error in the law in which no mechanism currently exists for parents of children in New York State ages 17 to take proactive measures to protect their children's credit. This bill would include seventeen year olds within the scope of protections.
In 2014, New York amended its general business law to line up with other state laws in line with state laws, which require credit reporting agen- cies to allow a parent to freeze their child's credit even when no file exists, thereby averting the potential for identity theft to occur in the first place. That law defined a "protected consumer" as anyone under the age of 16.
Child identity theft is a particularly egregious problem because it may go undetected for years, until the child applies for student loans, other forms of credit, or even a job. Further, child identity theft is particularly detrimental because it can postpone college admission due to student loan denials, gaining employment, accessing credit, and rent- ing or purchasing a home. These delays can last for months or even years, until the child can dispute the fraudulent activity and have the activity cleared from their credit report. In our global world, and in light of data-sharing of our children's personally identifying informa- tion, it is imperative that parents have a way to protect their chil- dren's credit records. Thus raising the age of a "protected consumer" to under the age of 18 is imperative so that all minors are afforded these vital protections.
Legislative history
2015-16: S.6254/A.8619 Referred to Finance. 2017-18: senate Bill 3583
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.