50-705. Disclosure of investigative consumer reports. - Kansas Statutes

50-705

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 7.--FAIR CREDIT REPORTING

      50-705.   Disclosure of investigative consumer reports.(a) A person may not procure or cause to be prepared an investigativeconsumer report on any consumer unless

      (1)   it is clearly and accurately disclosed to the consumer that aninvestigative consumer report including information as to the consumer'scharacter, general reputation, personal characteristics, and mode of living,whichever are applicable, may be made, and such disclosure (A) is made in awriting mailed, or otherwise delivered, to the consumer, not later than threedays after the date on which the report was first requested, and (B) includes astatement informing the consumer of the right to request the additionaldisclosures provided for under subsection (b) of this section; or

      (2)   the report is to be used for employment purposes for which theconsumer has not specifically applied.

      (b)   Any person who procures or causes to be prepared an investigativeconsumer report on any consumer shall, upon written request made by theconsumer within a reasonable period of time after the receipt by him or herof the disclosure required by subsection (a) (1) of this section, make acomplete and accurate disclosure of the nature and scope of the investigationrequested. This disclosure shall be made in a writing mailed, or otherwisedelivered, to the consumer not later than five (5) days after the date onwhich the request for such disclosure was received from the consumer orsuch report was first requested, whichever is the later.

      (c)   No person may be held liable for any violation of subsection (a) or(b) of this section if that person shows by a preponderance of the evidencethat at the time of the violation the person maintained reasonable proceduresto assure compliance with subsection (a) or (b).

      History:   L. 1973, ch. 85, § 140; Jan. 1, 1974.