50-710. Procedure in case of disputed accuracy. (a) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information. The presence of contradictory information in the consumer's file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant.
(b) If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute.
(c) Whenever a statement of dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof.
(d) Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or (c) of this section to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his or her rights to make such a request. Such disclosure shall be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received.
History: L. 1973, ch. 85, ยง 145; 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.