§1681d Disclosure of Investigative Consumer Reports

Summary

Companies must tell a person if they plan to get an investigative consumer report about them. The notice must be clear, in writing, and given or mailed no later than three days after the report was first requested. The notice must say the person can ask for more details and must include a written summary of consumer rights. The company must also tell the consumer reporting agency in writing that it gave the notice and that it will provide the extra details if asked. If the consumer asks in writing within a reasonable time, the company must send a full, accurate description of what was investigated. That description must be mailed or delivered within five days after the request is received or after the report was first requested, whichever is later. A company is not liable if it can show it had reasonable procedures to follow these rules. A consumer reporting agency may not prepare or give the report without the company’s certification. The agency must not make inquiries that would break equal employment law. Public-record items like arrests, indictments, convictions, civil actions, tax liens, or outstanding judgments must be verified during the 30-day period before the report is given. Negative information from a personal interview must be confirmed by another independent source unless the person interviewed is the best source. Definitions: investigative consumer report — a report about a person’s character, reputation, personal traits, or way of living. Consumer reporting agency — a company that makes such reports. Consumer — the person the report is about.