50-714. Requirements on users of consumer reports. - Kansas Statutes

50-714

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

      50-714.   Requirements on users of consumer reports.(a) Whenever credit or insurance for personal, family or householdpurposes, or employment involving a consumer is denied or the charge forsuch credit or insurance is increased either wholly or partly because ofinformation contained in a consumer report from a consumer reportingagency, the user of the consumer report shall so advise the consumeragainst whom such adverse action has been taken and supply the name andaddress of the consumer reporting agency making the report.

      (b)   Whenever credit for personal, family, or household purposesinvolving a consumer is denied or the charge for such credit is increasedeither wholly or partly because of information obtained from a person otherthan a consumer reporting agency bearing upon the consumer's creditworthiness, credit standing, credit capacity, character, generalreputation, personal characteristics, or mode of living, the user of suchinformation shall, within a reasonable period of time, upon the consumer'swritten request for the reasons for such adverse action received withinsixty (60) days after learning of such adverse action, disclose the natureof the information to the consumer. The user of such information shallclearly and accurately disclose to the consumer the right to make suchwritten request at the time such adverse action is communicated to theconsumer.

      (c)   No person shall be held liable for any violation of this section ifthe person shows by a preponderance of the evidence that at the time of thealleged violation he or she maintained reasonable procedures to assurecompliance with the provisions of subsections (a) and (b).

      History:   L. 1973, ch. 85, § 149; Jan. 1, 1974.