usc 15 § 1681d

Disclosure of investigative consumer reports (COMMERCE AND TRADE (15 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

usc 15 § 1681d
A person may not procure or cause to be prepared an investigative consumer report on any consumer unless—

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 ; and

the person certifies or has certified to the consumer reporting agency that—

the person has made the disclosures to the consumer required by paragraph (1); and

the person will comply with subsection (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.

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).

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.

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.

Except as otherwise provided in , 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.

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—

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

the person interviewed is the best possible source of the information.
Source: Legislative text reproduced verbatim
Plain English

Under 15 U.S.C. § 1681d, before obtaining an investigative consumer report—one that may cover a person's character, reputation, personal characteristics, or lifestyle—the requesting party must notify the consumer in writing within three days of ordering the report and inform them of their right to learn more about the investigation's scope. If the consumer asks in writing, the requester must provide a full description of the investigation within five days. Consumer reporting agencies face their own obligations, including verifying public-record information and confirming adverse details gathered through personal interviews before including them in a report.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Landlords and property managers who order investigative consumer reports under 15 U.S.C. § 1681d generally send written disclosure to applicants within three days of requesting the report, inform them of their right to request further details about the investigation's scope, and certify compliance to the consumer reporting agency. Maintaining documented procedures for these disclosures is significant because the statute provides a liability safe harbor for those who demonstrate reasonable compliance procedures. Operators typically keep records showing timely delivery of disclosures and any certifications submitted to reporting agencies.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 15 U.S.C. § 1681d, you have the right to receive written notice when an investigative consumer report is ordered about you, and you may submit a written request to learn the full nature and scope of that investigation. If those disclosures are not provided as required, this provision may be relevant to any dispute over how the report was obtained or used. Tenants who believe these rights were not honored can consult a tenant-rights organization, contact the Consumer Financial Protection Bureau, or explore whether the violation can be raised as part of a formal complaint or legal proceeding.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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