Browse Arkansas Code titles and sections
15 U.S.C. § 1681d — Disclosure of investigative consumer reports
Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure of fact of preparation** 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 1681g(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/c&num=0&edition=prelim); 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).
**(b) Disclosure on request of nature and scope of investigation** 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 repo
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681d
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: a765f343c9757010bfd874be6d23661a357bd6ac7d4052f04609fa2f9a8e2446. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_bed162e79ef6f9a95bf7c397
Source file: Laws/federal/codes/united-states-code/title-15/section-1681d-disclosure-of-investigative-consumer-reports--11d8291792.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7e945642ab6d7c4228107b36ab4fc7b023086aaaa2f649eed73d2ca588bfc1f5
Source location: Title 15, Chapter 41, § 1681d; chapter-041-consumer-credit-protection.md
Stored source content
**(a) Disclosure of fact of preparation** 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 1681g(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/c&num=0&edition=prelim); 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).
**(b) Disclosure on request of nature and scope of investigation** 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) Limitation on liability upon showing of reasonable procedures for compliance with provisions** 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).
**(d) Prohibitions**
(1) **Certification** — 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) **Inquiries** — 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) **Certain public record information** — Except as otherwise provided in [section 1681k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681k&num=0&edition=prelim), 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) **Certain adverse information** — 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Accuracy and fairness of credit reporting** The Congress makes the following findings:
(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.
**(b) Reasonable procedures** It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.
**(b)** The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
**(c)** The term “consumer” means an individual.
**(d) Consumer Report.—**
(1) **In general.—** — The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for—
(A) credit or insurance to be used primarily for personal, family, or household purposes;
(B) employment purposes; or
(C) any other purpose authorized under [section 1681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b&num=0&edition=prelim).
(2) **Exclusions.—** — Except as provided in paragraph (3), the term “consumer report” does not include—
(A) subject to [section 1681s–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-3&num=0&edition=prelim), any—
(i) report containing information solely as to transactions or experiences between the consumer and the person making the report;
(ii) communication of that information among persons related by common ownership or affiliated by corporate control; or
(iii) communication of other information among persons related by common ownership or affiliated by corporate control, if it
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall—
(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
**(b) Exemption for national security investigations** Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under [section 1681b(b)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b/b/4/A&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681k
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1580
TITLE 15—COMMERCE AND TRADE
§ 1681d
(c) Rulemaking
(1) In general
Not later than 180 days after December 27,
2021, the Director shall issue rules to imple-
ment subsection (a).
(2) Contents
The rules issued pursuant to paragraph (1)
shall establish a method by which consumers
shall submit trafficking documentation to
consumer reporting agencies.
(Pub. L. 90–321, title VI, § 605C, as added Pub. L.
117–81, div. F, title LXI, § 6102(a), Dec. 27, 2021,
135 Stat. 2383.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 117–81, div. F, title LXI, § 6102(c), Dec. 27, 2021,
135 Stat. 2384, provided that: ‘‘The amendments made
by this section [enacting this section] shall apply on
the date that is 30 days after the date on which the Di-
rector of the Bureau of Consumer Financial Protection
issues a rule pursuant to section 605C(c) of the Fair
Credit Reporting Act [15 U.S.C. 1681c–3(c)], as added by
subsection (a) of this section. Any rule issued by the
Director to implement such section 605C [15 U.S.C.
1681c–3] shall be limited to preventing a consumer re-
porting agency from furnishing a consumer report con-
taining any adverse item of information about a con-
sumer (as such terms are defined, respectively, in sec-
tion 603 the Fair Credit Reporting Act (15 U.S.C. 1681a))
that resulted from trafficking.’’
§ 1681d. Disclosure of investigative consumer re-
ports
(a) Disclosure of fact of preparation
A person may not procure or cause to be pre-
pared 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 char-
acter, general reputation, personal character-
istics, and mode of living, whichever are app
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1681d
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.