U.S Code last checked for updates: May 26, 2024
§ 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).
(b)
Disclosure on request of nature and scope of investigation
(c)
Limitation on liability upon showing of reasonable procedures for compliance with provisions
(d)
Prohibitions
(1)
Certification
(2)
Inquiries
(3)
Certain public record information
(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, § 606, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104–208, div. A, title II, §§ 2408(d)(2), 2414, Sept. 30, 1996, 110 Stat. 3009–438, 3009–449.)
cite as: 15 USC 1681d