§1681d Disclosure of Investigative Consumer Reports

Summary

Anyone who orders an investigative consumer report must tell the person in writing that a check of their character, reputation, personal traits, or way of living may be done. That written notice must be mailed or delivered no later than three days after the report is first requested. The notice must also say the person can ask for more details about what was investigated and include a written summary of the person's rights. The requester must also tell the consumer reporting agency in writing that they gave the notice and that they will provide the extra details if asked. If the consumer asks in writing within a reasonable time after getting the first notice, the requester must give a full, accurate description of what was checked and how. That reply must be mailed or delivered within five days after the request or within five days after the report was first requested, whichever is later. A person won’t be responsible for breaking these rules if they can show they had reasonable procedures to follow them. A consumer reporting agency may not make or give an investigative consumer report unless it has the requester’s certification. Agencies may not run checks that would break federal or state equal employment laws. Agencies must verify public-record items about arrests, convictions, lawsuits, tax liens, or judgments within the 30-day period before giving the report. Agencies may not include bad information learned from interviews with neighbors, friends, or acquaintances unless they confirm it from another independent source or the interviewee is clearly the best source.