---
kind: "section"
citation: "15 U.S.C. § 1681d"
title: "15"
title_heading: "Commerce and Trade"
number: "1681d"
heading: "Disclosure of investigative consumer reports"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1681d"
units:
  - "Chapter 41 — Consumer Credit Protection"
  - "Subchapter III — Credit Reporting Agencies"
---

# §1681d. Disclosure of investigative consumer reports

- (a) **Disclosure of fact of preparation—** A [person](/usc/15/1602.md?p=e) may not procure or cause to be prepared an [investigative consumer report](/usc/15/1681a.md?p=e) on any [consumer](/usc/15/1681a.md?p=c) unless—
  - (1) it is clearly and accurately disclosed to the [consumer](/usc/15/1681a.md?p=c) that an [investigative consumer report](/usc/15/1681a.md?p=e) 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](/usc/15/1681a.md?p=c), not later than three days after the date on which the report was first requested, and (B) includes a statement informing the [consumer](/usc/15/1681a.md?p=c) of his right to request the additional disclosures provided for under [subsection (b)](#b) of this section and the written summary of the rights of the [consumer](/usc/15/1681a.md?p=c) prepared pursuant to [section 1681g(c) of this title](/usc/15/1681g.md); and
  - (2) the [person](/usc/15/1602.md?p=e) certifies or has certified to the [consumer reporting agency](/usc/15/1681a.md?p=f) that—
    - (A) the [person](/usc/15/1602.md?p=e) has made the disclosures to the [consumer](/usc/15/1681a.md?p=c) required by [paragraph (1)](#a-1); and
    - (B) the [person](/usc/15/1602.md?p=e) will comply with [subsection (b)](#b).
- (b) **Disclosure on request of nature and scope of investigation—** Any [person](/usc/15/1602.md?p=e) who procures or causes to be prepared an [investigative consumer report](/usc/15/1681a.md?p=e) on any [consumer](/usc/15/1681a.md?p=c) shall, upon written request made by the [consumer](/usc/15/1681a.md?p=c) within a reasonable period of time after the receipt by him of the disclosure required by [subsection (a)(1)](#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](/usc/15/1681a.md?p=c) not later than five days after the date on which the request for such disclosure was received from the [consumer](/usc/15/1681a.md?p=c) 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](/usc/15/1602.md?p=e) may be held liable for any violation of subsection [(a)](#a) or [(b)](#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)](#a) or [(b)](#b).
- (d) **Prohibitions—**
  - (1) **Certification—** A [consumer reporting agency](/usc/15/1681a.md?p=f) shall not prepare or furnish an [investigative consumer report](/usc/15/1681a.md?p=e) unless the agency has received a certification under [subsection (a)(2)](#a-2) from the [person](/usc/15/1602.md?p=e) who requested the report.
  - (2) **Inquiries—** A [consumer reporting agency](/usc/15/1681a.md?p=f) shall not make an inquiry for the purpose of preparing an [investigative consumer report](/usc/15/1681a.md?p=e) on a [consumer](/usc/15/1681a.md?p=c) for [employment purposes](/usc/15/1681a.md?p=h) if the making of the inquiry by an employer or prospective employer of the [consumer](/usc/15/1681a.md?p=c) would violate any applicable Federal or [State](/usc/15/1602.md?p=s) equal employment opportunity law or regulation.
  - (3) **Certain public record information—** Except as otherwise provided in [section 1681k of this title](/usc/15/1681k.md), a [consumer reporting agency](/usc/15/1681a.md?p=f) shall not furnish an [investigative consumer report](/usc/15/1681a.md?p=e) 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](/usc/15/1681a.md?p=f) shall not prepare or furnish an [investigative consumer report](/usc/15/1681a.md?p=e) on a [consumer](/usc/15/1681a.md?p=c) that contains information that is adverse to the interest of the [consumer](/usc/15/1681a.md?p=c) and that is obtained through a personal interview with a neighbor, friend, or associate of the [consumer](/usc/15/1681a.md?p=c) or with another [person](/usc/15/1602.md?p=e) with whom the [consumer](/usc/15/1681a.md?p=c) 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](/usc/15/1602.md?p=e) interviewed is the best possible source of the information.

## Source credit

(Pub. L. 90–321, title VI, § 606, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104–208, div. A, title II, §§ 2408(d)(2), 2414, Sept. 30, 1996, 110 Stat. 3009–438, 3009–449.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (a)(1)(B). Pub. L. 104–208, §§ 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, § 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, § 2414(3), substituted “, make a complete” for “, shall make a complete”.

Subsec. (d). Pub. L. 104–208, § 2414(4), added subsec. (d).

### Statutory Notes and Related Subsidiaries

### 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.

### Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.