U.S. Code » Title 15 » Chapter CHAPTER 41— CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER III— CREDIT REPORTING AGENCIES

15 U.S.C. § 1681d

Disclosure of investigative consumer reports

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(a) Disclosure of fact of preparationA 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).(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, 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 informationA 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.)Editorial NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 56 cases (14 in the last 5 years), 1973–2025 · leading case: Sarmad Syed v. M-I, LLC, 853 F.3d 492 (9th Cir. 2017).
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Sarmad Syed v. M-I, LLC, 853 F.3d 492 (9th Cir. 2017). “See 15 U.S.C. §§ 1681d, 1681s-3. 2. The statute does not implicitly authorize the inclusion of a liability waiver in a disclosure document.”
Vincent J. Ippolito, Cross-Appellants v. Wns, Inc., & Equifax Servs., Inc., Defendant-Cross-Appellee, 864 F.2d 440 (7th Cir. 1988). · cites it 3× “§ 1681b; 3 by procuring an “investigative consumer report” without notifying plaintiffs in violation of 15 U.S.C. § 1681d(a); 4 and by obtaining the reports *446 under false pretenses in violation of 15 U.”
Kevin Kelly v. RealPage Inc, 47 F.4th 202 (3d Cir. 2022). “that relate[] to an arrest, indictment, conviction, civil judicial action,”—which we understand to include records from the civil eviction actions, like the filing contained in Bey’s file—“tax lien, or outstanding judgment,” 15 U.S.C. § 1681d(d)(3); see also id. § 1681k(a)(2)…”
Poore v. Sterling Testing Sys., Inc., 410 F. Supp. 2d 557 (E.D. Ky. 2006). · cites it 3× “15 U.S.C. § 1681d(d)(3). D. Section 1681e — Procedures Required to Ensure Compliance with Act.”
Michael F. Hahn & Marie Hahn v. Star Bank, 190 F.3d 708 (6th Cir. 1999). “§ 1681b, (2) failing to abide by 15 U.S.C. § 1681d, which deals with the disclosure of investigative consumer reports, and (3) knowingly and wilfully obtaining information about the Hahns from a consumer reporting agency under false pretenses in violation of 15 U.”
James R. Philbin, Jr. v. Trans Union Corp. Trw Credentials James Philbin, Jr., 101 F.3d 957 (3d Cir. 1996). “A somewhat narrower, and more plausible, reading is that a plaintiff may present his case to the jury on the issue of reasonable procedures merely by showing an inaccuracy in the consumer report and nothing more, but the burden does not shift to the defendant.”
Franks v. Thomason, 4 B.R. 814 (N.D. Ga. 1980). · cites it 2× “The court’s order expressly stated that Franks violated 15 U.S.C. § 1681d by failing to disclose to Thomason that he had procured a “consumer report.”
Lawrence Kates v. Crocker Nat'l Bank, 776 F.2d 1396 (9th Cir. 1985). · cites it 2× “, 15 U.S.C. § 1681d(a)(l), which requires the disclosure that “an investigative consumer report .”
Fed. Trade Comm'n v. Manager, Retail Credit Co., Miami Branch Off., 515 F.2d 988 (D.C. Cir. 1975). · cites it 2× “…or former places of employment, to a governmental agency. Act § 608, 15 U.S.C. § 1681f. 4 . Act §§ 606, 614, 15 U.S.C. §§ 1681d, 1681l. 5 . Act §§ 606, 609, 610, 15 U.S.C. §§ 1681d, 1681g, 1681h. 6 . § 621. Administrative enforcement (a) Compliance with the…”
Ben-Hur v. Equifax Info. Servs., Inc., 976 F. Supp. 795 (E.D. Wis. 1997). · cites it 7× “15 U.S.C. § 1681d. Significantly, the Act requires that whenever credit, insurance or employment is denied a consumer, or an adverse decision is made concerning a consumer’s existing status on the basis of .”
Brenda Thornton v. Equifax, Inc., a Georgia Corp., 619 F.2d 700 (8th Cir. 1980). “tion, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 1681g,…”
Short v. Allstate Credit Bureau, 370 F. Supp. 2d 1173 (M.D. Ala. 2005). · cites it 4× “§ 1681b(2) and § 1681b(3)” and “willful noncompliance with 15 U.S.C. § 1681d.” (Compl. ¶¶ 16 & 19). According to the Complaint, these violations occurred when “Defendants sought a credit report that was not for the consumer applicant, but for a non-applicant that had given…”
Show all 56 citing cases →
15 U.S.C. § 1681d(a): 11 cases
Vincent J. Ippolito, Cross-Appellants v. Wns, Inc., & Equifax Servs., Inc., Defendant-Cross-Appellee, 864 F.2d 440 (7th Cir. 1988). “§ 1681b; 3 by procuring an “investigative consumer report” without notifying plaintiffs in violation of 15 U.S.C. § 1681d(a); 4 and by obtaining the reports *446 under false pretenses in violation of 15 U.”
Short v. Allstate Credit Bureau, 370 F. Supp. 2d 1173 (M.D. Ala. 2005). “§ 1681b(2) and § 1681b(3)” and “willful noncompliance with 15 U.S.C. § 1681d.” (Compl. ¶¶ 16 & 19). According to the Complaint, these violations occurred when “Defendants sought a credit report that was not for the consumer applicant, but for a non-applicant that had given…”
Ben-Hur v. Equifax Info. Servs., Inc., 976 F. Supp. 795 (E.D. Wis. 1997). “15 U.S.C. § 1681d. Significantly, the Act requires that whenever credit, insurance or employment is denied a consumer, or an adverse decision is made concerning a consumer’s existing status on the basis of .”
Houghton v. New Jersey Mfrs. Ins., 615 F. Supp. 299 (E.D. Pa. 1985).
Kelchner v. Sycamore Manor Health Ctr., 305 F. Supp. 2d 429 (M.D. Penn. 2004).
15 U.S.C. § 1681d(a)(1): 10 cases
Paul E. Loeb v. ZipRecruiter, Inc. (C.D. Cal. 2019).
Randy Pitre v. Wal-Mart Stores, Inc. (C.D. Cal. 2019).
Lusk v. Five Guys Enter. LLC (E.D. Cal. 2021).
Lusk v. Five Guys Enter. LLC (E.D. Cal. 2022).
Lusk v. Five Guys Enter. LLC (E.D. Cal. 2022).
15 U.S.C. § 1681d(a)(l): 1 case
Lawrence Kates v. Crocker Nat'l Bank, 776 F.2d 1396 (9th Cir. 1985). “, 15 U.S.C. § 1681d(a)(l), which requires the disclosure that “an investigative consumer report .”
15 U.S.C. § 1681d(b): 5 cases
Lawrence Kates v. Crocker Nat'l Bank, 776 F.2d 1396 (9th Cir. 1985). “, 15 U.S.C. § 1681d(a)(l), which requires the disclosure that “an investigative consumer report .”
Short v. Allstate Credit Bureau, 370 F. Supp. 2d 1173 (M.D. Ala. 2005). “§ 1681b(2) and § 1681b(3)” and “willful noncompliance with 15 U.S.C. § 1681d.” (Compl. ¶¶ 16 & 19). According to the Complaint, these violations occurred when “Defendants sought a credit report that was not for the consumer applicant, but for a non-applicant that had given…”
Miller v. Elegant Junk, 616 F. Supp. 551 (S.D.W. Va 1985).
Randy Pitre v. Wal-Mart Stores, Inc. (C.D. Cal. 2019).
Allen v. Kingwood Apts. (M.D.N.C. 2021).
15 U.S.C. § 1681d(c): 4 cases
James R. Philbin, Jr. v. Trans Union Corp. Trw Credentials James Philbin, Jr., 101 F.3d 957 (3d Cir. 1996). “A somewhat narrower, and more plausible, reading is that a plaintiff may present his case to the jury on the issue of reasonable procedures merely by showing an inaccuracy in the consumer report and nothing more, but the burden does not shift to the defendant.”
James Wilbert Stewart v. Credit Bureau, Inc, 734 F.2d 47 (D.C. Cir. 1984).
Artis v. Experian (E.D. Pa. 2025).
Philbin v. Trans Union Corp (3d Cir. 1996).
15 U.S.C. § 1681d(d)(2): 1 case
Juster v. Workday, Inc. (N.D. Cal. 2022).
15 U.S.C. § 1681d(d)(3): 6 cases
Kevin Kelly v. RealPage Inc, 47 F.4th 202 (3d Cir. 2022). “that relate[] to an arrest, indictment, conviction, civil judicial action,”—which we understand to include records from the civil eviction actions, like the filing contained in Bey’s file—“tax lien, or outstanding judgment,” 15 U.S.C. § 1681d(d)(3); see also id. § 1681k(a)(2)…”
Poore v. Sterling Testing Sys., Inc., 410 F. Supp. 2d 557 (E.D. Ky. 2006). “15 U.S.C. § 1681d(d)(3). D. Section 1681e — Procedures Required to Ensure Compliance with Act.”
Perch v. Verisys Corp. (W.D. Ky. 2022).
Harter v. RealPage, Inc., 218 F. Supp. 3d 535 (E.D. Tex. 2016).
Okwo v. Houston Methodist The Woodlands (S.D. Tex. 2022).
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