source:
  type: regulation
  id: fcra-15usc-1681d
  authority: 15 U.S.C. §1681d — Disclosure of investigative consumer reports
  description: '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).

    '
obligations:
- id: fcra-15usc-1681d-a
  canonical_id: fcra-15usc-1681d-a
  section: 15 U.S.C. §1681d(a)
  description: '(a): (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
    reputati…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1681d(a)(1)
    source_class: fcra-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1681d
    snapshot_id: 05b2dcbeb8939325
    fetched_at: '2026-05-24T19:33:25Z'
    content_hash: sha256:9bec0ff69c5f89686f92f12e103753a42b5705921cfaa9b8775f191d9bdae42d
    paragraph_quote: (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 ; 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).
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1681d from Cornell LII snapshot 05b2dcbeb8939325;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: fcra-15usc-1681d-b
  canonical_id: fcra-15usc-1681d-b
  section: 15 U.S.C. §1681d(b)
  description: '(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 …'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1681d(a)(1)
    source_class: fcra-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1681d
    snapshot_id: 05b2dcbeb8939325
    fetched_at: '2026-05-24T19:33:25Z'
    content_hash: sha256:9bec0ff69c5f89686f92f12e103753a42b5705921cfaa9b8775f191d9bdae42d
    paragraph_quote: (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.
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1681d from Cornell LII snapshot 05b2dcbeb8939325;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: fcra-15usc-1681d-c
  canonical_id: fcra-15usc-1681d-c
  section: 15 U.S.C. §1681d(c)
  description: '(c): (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
    procedure…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1681d(a)(1)
    source_class: fcra-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1681d
    snapshot_id: 05b2dcbeb8939325
    fetched_at: '2026-05-24T19:33:25Z'
    content_hash: sha256:9bec0ff69c5f89686f92f12e103753a42b5705921cfaa9b8775f191d9bdae42d
    paragraph_quote: (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).
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1681d from Cornell LII snapshot 05b2dcbeb8939325;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: fcra-15usc-1681d-d
  canonical_id: fcra-15usc-1681d-d
  section: 15 U.S.C. §1681d(d)
  description: '(d): (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 in…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 15 U.S.C. §1681d(a)(1)
    source_class: fcra-statute
    source_url: https://www.law.cornell.edu/uscode/text/15/1681d
    snapshot_id: 05b2dcbeb8939325
    fetched_at: '2026-05-24T19:33:25Z'
    content_hash: sha256:9bec0ff69c5f89686f92f12e103753a42b5705921cfaa9b8775f191d9bdae42d
    paragraph_quote: (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
      , 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. ( 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.)
    drafter_attestation: Verbatim subsection of 15 U.S.C. §1681d from Cornell LII snapshot 05b2dcbeb8939325;
      body isolated between nav and notes; substring-verified.
  judgment: false
