15 U.S.C. § 1681d : US Code - Section 1681D: Disclosure of investigative consumer reports

Search 15 U.S.C. § 1681d : US Code - Section 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.