50-705. Disclosure of investigative consumer reports. (a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless
(1) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure (A) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and (B) includes a statement informing the consumer of the right to request the additional disclosures provided for under subsection (b) of this section; or
(2) the report is to be used for employment purposes for which the consumer has not specifically applied.
(b) Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him or her of the disclosure required by subsection (a) (1) of this section, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five (5) days after the date on which the request for such disclosure was received from the consumer or such 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 evidence that at the time of the violation the person maintained reasonable procedures to assure compliance with subsection (a) or (b).
History: L. 1973, ch. 85, ยง 140; Jan. 1, 1974.
Structure Kansas Statutes
Chapter 50 - Unfair Trade And Consumer Protection
Article 7 - Fair Credit Reporting
50-702 Definitions and rules of construction.
50-703 Permissible purposes of reports.
50-705 Disclosure of investigative consumer reports.
50-707 Disclosures to governmental agencies.
50-708 Disclosures to consumers.
50-709 Conditions of disclosure to consumers.
50-710 Procedure in case of disputed accuracy.
50-711 Charges for certain disclosures.
50-712 Public record information for employment purposes.
50-713 Restrictions on investigative consumer reports.
50-714 Requirements on users of consumer reports.
50-715 Civil liability for willful noncompliance.
50-716 Civil liability for negligent noncompliance.
50-717 Jurisdiction of courts; limitation of actions.
50-718 Obtaining information under false pretenses.
50-719 Unauthorized disclosures by officers or employees.
50-721 Enforcement by consumer credit commissioner.
50-723 Security freeze on consumer report; requirements; procedure; damages.
50-724 Security freeze; exceptions.
50-725 Security freeze for protected consumers; requirements; procedure.