§ 1681d. Disclosure of Investigative Consumer Reports
A person may not procure or cause to be prepared an investigative consumer report on any
consumer unless
it is clearly and accurately disclosed to the consumer that an investigative consumer
report including information as to his 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 his right to request the additional
disclosures provided for under subsection (b) of this section and the
written summary of the rights of the consumer prepared pursuant to Section 609(c); or and
the report is lo be used for employment purposes for which the consumer has not
specifically applied. (2) the person certifies or has
certified to the consumer reporting agency that
the person has made the disclosures to the consumer required by paragraph (1); and
the person will comply with subsection (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 of the disclosure required by subsection (a)(l) 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 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.
No person may be held liable for any violation of subsection (a) or (b) of this section
if he shows by a preponderance of the evidence that at the time of the violation he
maintained reasonable procedures to assure compliance with subsection (a) or (b) of this
section.
Prohibitions:
Certification: A consumer reporting agency shall not prepare or furnish an investigative
consumer report unless the agency has received a certification under subsection (a)(2)
from the person who requested the report.
Inquiries: A consumer reporting agency shall not make an inqunyfor the purpose of
preparing an investigative consumer report on a consumer for employment purposes if the
making of the inquiry by an employer or prospective employer of the consumer would violate
any applicable federal or state equal employment opportunity law or regulation.
Certain public record information: Except as otherwise provided in Section 613, a consumer reporting agency shall not furnish an investigative
consumer report that includes information that is a matter of public record and that
relates to an arrest, indictment, conviction, civil judicial action, tax lien, or
outstanding judgment, unless the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the report is furnished.
Certain adverse information: A consumer reporting agency shall not prepare or furnish an
investigative consumer report on a consumer that contains information that is adverse to
the interest of the consumer and that is obtained through a personal interview with a
neighbor, friend, or associate of the consumer or with another person with whom the
consumer is acquainted or who has knowledge of such item of information, unless
the agency has followed reasonable procedures to obtain confirmation of the information,
from an additional source that has independent and direct knowledge of the information; or
the person interviewed is the best possible source of the information,
§ 1681d. Disclosure of Investigative Consumer Reports
A person may not procure or cause to be prepared an investigative consumer report on any
consumer unless
it is clearly and accurately disclosed to the consumer that an investigative consumer
report including information as to his 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 his right to request the additional
disclosures provided for under subsection (b) of this section and the
written summary of the rights of the consumer prepared pursuant to Section 609(c); or and
the report is lo be used for employment purposes for which the consumer has not
specifically applied. (2) the person certifies or has
certified to the consumer reporting agency that
the person has made the disclosures to the consumer required by paragraph (1); and
the person will comply with subsection (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 of the disclosure required by subsection (a)(l) 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 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.
No person may be held liable for any violation of subsection (a) or (b) of this section
if he shows by a preponderance of the evidence that at the time of the violation he
maintained reasonable procedures to assure compliance with subsection (a) or (b) of this
section.
Prohibitions:
Certification: A consumer reporting agency shall not prepare or furnish an investigative
consumer report unless the agency has received a certification under subsection (a)(2)
from the person who requested the report.
Inquiries: A consumer reporting agency shall not make an inqunyfor the purpose of
preparing an investigative consumer report on a consumer for employment purposes if the
making of the inquiry by an employer or prospective employer of the consumer would violate
any applicable federal or state equal employment opportunity law or regulation.
Certain public record information: Except as otherwise provided in Section 613, a consumer reporting agency shall not furnish an investigative
consumer report that includes information that is a matter of public record and that
relates to an arrest, indictment, conviction, civil judicial action, tax lien, or
outstanding judgment, unless the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the report is furnished.
Certain adverse information: A consumer reporting agency shall not prepare or furnish an
investigative consumer report on a consumer that contains information that is adverse to
the interest of the consumer and that is obtained through a personal interview with a
neighbor, friend, or associate of the consumer or with another person with whom the
consumer is acquainted or who has knowledge of such item of information, unless
the agency has followed reasonable procedures to obtain confirmation of the information,
from an additional source that has independent and direct knowledge of the information; or
the person interviewed is the best possible source of the information,