(a) 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 609(c); 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).
6-1557
(b) 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),
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) 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).
6-1557.1
(d) Prohibitions.
(1) A consumer reporting agency shall not
prepare or furnish an investigative consumer report unless the agency
has received a certification under subsection (a)(2) from the person
who requested the report.
(2) 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) Except as otherwise
provided in section 613, 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) 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.
[15 USC 1681d. As amended
by act of Sept. 30, 1996 (110 Stat. 3009-438, 449).]
