50-702. Definitions and rules of construction.
50-702
50-702. Definitions and rules ofconstruction.The following words and phrases when used in the fair credit reportingactshall have the meanings ascribed tothem in this section.
(a) The term "person" means any individual, partnership, corporation,trust, estate, cooperative, association, government or governmentalsubdivision or agency, or other entity.
(b) The term "consumer" means an individual.
(c) The term "consumer report" means any written, oral, or othercommunication of any information by a consumer reporting agency bearing ona consumer's credit worthiness, credit standing, credit capacity,character, general reputation, personal characteristics, or mode of livingwhich is used or expected to be used or collected in whole or in part forthe purpose of serving as a factor in establishing the consumer'seligibility for credit or insurance to be used primarily for personal,family, or household purposes, or employment purposes, or other purposesauthorized under K.S.A. 50-703, and amendments thereto. The term doesnotinclude (1) any report containing information solely as to transactions orexperiences between the consumer and the person making the report; (2) anyauthorization or approval of a specific extension of credit directly orindirectly by the issuer of a credit card or similar device; or (3) anyreport in which a person who has been requested by a third party to make aspecific extension of credit directly or indirectly to a consumer conveysthat decision with respect to such request, if the third party advises theconsumer of the name and address of the person to whom the request was madeand such person makes the disclosures to the consumer required underK.S.A. 50-714, and amendments thereto.
(d) The term "investigative consumer report" means a consumer report orportion thereof in which information on a consumer's character, generalreputation, personal characteristics, or mode of living is obtained throughpersonal interviews with neighbors, friends, or associates of the consumerreported on or with others with whom the consumer is acquainted or who may haveknowledge concerning any such items of information. However, suchinformation shall not include specific factual information on a consumer'scredit record obtained directly from a creditor of the consumer or from aconsumer reporting agency when such information was obtained directly froma creditor of the consumer or from the consumer.
(e) The term "consumer reporting agency" means any person which, formonetary fees, dues, or on a cooperative nonprofit basis, regularly engagesin whole or in part in the practice of assembling or evaluating consumercredit information or other information on consumers for the purpose offurnishing consumer reports to third parties, and which uses any means orfacility of interstate commerce for the purpose of preparing or furnishingconsumer reports.
(f) The term "file," when used in connection with information on anyconsumer, means all of the information on that consumer recorded andretained by a consumer reporting agency regardless of how the informationis stored.
(g) The term "employment purposes" when used in connection with aconsumer report means a report used for the purpose of evaluating aconsumer for employment, promotion, reassignment or retention as anemployee.
(h) The term "medical information" means information or recordsobtained, with the consent of the individual to whom it relates, fromlicensed physicians or medical practitioners, hospitals, clinics, or othermedical or medically related facilities.
(i) The term "clear and proper identification" means informationgenerallydeemedsufficient to identify a person.
(j) The term "security freeze" means a notice placed on aconsumer report, at the request ofthe consumer and subject to certain exceptions, that prohibits a consumerreporting agency fromreleasing the consumer's consumer report or credit score relating to theextension of credit.
History: L. 1973, ch. 85, § 137;L. 2006, ch. 149, § 11;L. 2009, ch. 112, § 1; July 1.