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50-701. Findings and purpose. (a) The legislature of the state of Kansas hereby finds and determines that:

(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy.

(b) It is the purpose of K.S.A. 50-701 to 50-722, inclusive, and amendments thereto, to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of such sections of this act.

History: L. 1973, ch. 85, ยง 136; January 1, 1974.

Law Review and Bar Journal References:

"Fair Credit Reporting Act," Ronald C. Griffin, 34 J.K.A.J., No. 3, 10 (2011).

Attorney General's Opinions:

Permissible purposes of credit reports; legitimate business need. 90-101.

CASE ANNOTATIONS

1. Purpose of act and application to check guarantee and reporting service considered. Peasley v. TeleCheck of Kansas, Inc., 6 Kan. App. 2d 990, 637 P.2d 437 (1981).

2. Genuine issue of material fact as to defendant's motives for gathering credit information precluded summary judgment. McKown v. Dun & Bradstreet, Inc., 744 F. Supp. 1046, 1050 (1990).


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