
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
