15 U.S.C. §1681d — Disclosure of investigative consumer reports
FCRA §1681d governs the duties of a person — including [LENDER] — that PROCURES OR CAUSES TO BE PREPARED an investigative consumer report on any consumer. ("Investigative consumer report" is defined at §1681a(e) as a consumer report that includes information on character, general reputation, personal characteristics, or mode of living obtained through personal interviews with neighbors, friends, associates, etc.) The section imposes three operative duties on the procurer: (i) a written disclosure to the consumer that an investigative consumer report MAY be made, delivered within 3 days of the report request, with a statement of the consumer's right to request additional disclosures and the §1681g(c) summary of rights (subsection (a)(1)); (ii) certification to the consumer reporting agency that the procurer has made the (a)(1) disclosures and will comply with subsection (b) (subsection (a)(2)); and (iii) on written request from the consumer received within a reasonable time, a complete and accurate written disclosure of the nature and scope of the investigation, mailed/delivered not later than 5 days after the later of the request or the original report request (subsection (b)). A reasonable-procedures defense applies under subsection (c).
Verbatim regulatory text
Verbatim provisions from 15 U.S.C. §1681d — Disclosure of investigative consumer reports — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
15 U.S.C. §1681d(a)(1) — Written disclosure that investigative consumer report may be made
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 ; and
15 U.S.C. §1681d(a)(2) — Certification to consumer reporting agency
the person certifies or has certified to the consumer reporting agency that—
15 U.S.C. §1681d(b) — Nature-and-scope disclosure on consumer's written request
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.