§1681d Disclosure of investigative consumer reports

Summary

You cannot order an investigative consumer report about someone unless you first give that person a clear written notice that a report about their character, reputation, personal traits, or way of living may be made. The notice must be mailed or delivered no later than three days after the report is first requested. It must tell the person they can ask for more details about the investigation and include the written summary of consumer rights under section 1681g(c). The requester must also tell the consumer reporting agency in writing that the notice was given and that they will provide the extra disclosures if asked. If the consumer asks in writing within a reasonable time, the requester must send a full, accurate written description of what was investigated and how. That must be sent within five days after the request was received or after the report was first requested, whichever is later. A person won’t be held liable if they can show it is more likely than not they had reasonable procedures to follow these rules. A consumer reporting agency must not make or give such a report without the requester’s certification. The agency also must not make employment inquiries that would violate equal-employment laws, must verify public-record items like arrests, convictions, judgments, or tax liens within the 30 days before giving the report, and must confirm adverse information learned in a personal interview with an independent source unless the interviewee is the best possible source.