§ 1681d. — Disclosure of investigative consumer reports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1681d]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 1681d. Disclosure of investigative consumer reports
(a) Disclosure of fact of preparation
A person may not procure or cause to be prepared an investigative
consumer report on any consumer unless--
(1) 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
1681g(c) of this title; and
(2) the person certifies or has certified to the consumer
reporting agency that--
(A) the person has made the disclosures to the consumer
required by paragraph (1); and
(B) the person will comply with subsection (b) of this
section.
(b) Disclosure on request of nature and scope of investigation
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)(1) 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.
(c) Limitation on liability upon showing of reasonable procedures for
compliance with provisions
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.
(d) Prohibitions
(1) 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) of this section from the
person who requested the report.
(2) Inquiries
A consumer reporting agency shall not make an inquiry for 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.
(3) Certain public record information
Except as otherwise provided in section 1681k of this title, 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.
(4) 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--
(A) 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
(B) the person interviewed is the best possible source of
the information.
(Pub. L. 90-321, title VI, Sec. 606, as added Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104-208, div. A,
title II, Secs. 2408(d)(2), 2414, Sept. 30, 1996, 110 Stat. 3009-438,
3009-449.)
Amendments
1996--Subsec. (a)(1)(B). Pub. L. 104-208, Secs. 2408(d)(2), 2414(1),
inserted ``and the written summary of the rights of the consumer
prepared pursuant to section 1681g(c) of this title'' before the
semicolon and substituted ``and'' for ``or'' at end.
Subsec. (a)(2). Pub. L. 104-208, Sec. 2414(2), added par. (2) and
struck out former par. (2) which read as follows: ``the report is to be
used for employment purposes for which the consumer has not specifically
applied.''
Subsec. (b). Pub. L. 104-208, Sec. 2414(3), substituted ``, make a
complete'' for ``, shall make a complete''.
Subsec. (d). Pub. L. 104-208, Sec. 2414(4), added subsec. (d).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-208 effective 365 days after Sept. 30,
1996, with special rule for early compliance, see section 2420 of Pub.
L. 104-208, set out as a note under section 1681a of this title.
