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Can I ignore consumer requests for information or deletion in Kansas? What are the requirements?

Consumer Requests for Information or Deletion in Kansas

No, you cannot ignore consumer requests for information or deletion in Kansas. The Kansas Consumer Protection Act requires holders of personal information to implement and maintain reasonable procedures and practices appropriate to the nature of the information, and exercise reasonable care to protect the personal information from unauthorized access, use, modification, or disclosure [1.3]. Additionally, a holder of personal information must take reasonable steps to destroy or arrange for the destruction of any records within such holder’s custody or control containing any person’s personal information when such holder no longer intends to maintain or possess such records [1.3]. Failure to comply with these requirements constitutes an unconscionable act or practice in violation of the Kansas Consumer Protection Act [1.3].

Moreover, consumers have the right to place a security freeze on their consumer report by written request, sent by certified mail or regular mail, through a secure website if made available by a consumer reporting agency, or by telephone, if the consumer reporting agency does not have an available secure website [2.1]. A consumer reporting agency shall place a security freeze on a consumer’s consumer report no later than five business days after receiving the request provided by this subsection and proper identification [2.1]. When a security freeze is in place, information from a consumer report shall not be released to a third party without prior express authorization from the consumer [2.1].

Kansas No-Call Act

The Kansas No-Call Act prohibits telephone solicitors from making unsolicited consumer telephone calls to any consumer if the consumer’s telephone number or numbers appear on the no-call list [1.2]. Telephone solicitors shall have a period of not more than 30 days from the time of registration of a consumer’s telephone number on the no-call list to remove that telephone number from the telephone solicitor’s calling lists [1.2]. A telephone solicitor shall be liable for violations of the Kansas No-Call Act if such telephone solicitor makes or causes to be made an unsolicited telephone call to a consumer whose telephone number appears on the no-call list or uses the list for any unauthorized purpose [1.2]. Any violation of this section is an unconscionable act or practice under the Kansas Consumer Protection Act [1.2].

Conclusion

In conclusion, it is important to comply with consumer requests for information or deletion in Kansas to avoid violating the Kansas Consumer Protection Act. Additionally, telephone solicitors must comply with the Kansas No-Call Act to avoid violating the Kansas Consumer Protection Act.

Source(s):
Jurisdiction

Kansas