"Investigative" Consumer Reports

An “investigative” consumer report is a consumer report for which information is obtained through personal interviews (in person or by telephone) with neighbors, friends, etc. [15 USC 1681a(e)] A person may not procure an investigative consumer report or cause one to be created unless either (1) the person makes certain disclosures to the consumer soon after requesting the report, and (2) the person certifies to the consumer reporting agency that the person has made these disclosures and will comply with additional disclosure requirements described in the next paragraph. [15 USC 1681d(a)]

A creditor requesting an investigative consumer report for credit purposes obviously must make the disclosure. The disclosure must be in writing and must be mailed or delivered within three days after the request for the report is made. The disclosure must include a statement informing the consumer of his/her right to request some additional disclosures about the investigative consumer report. These additional disclosures need only be made if the consumer requests them and concern the nature and scope of the investigation. They must be provided in writing and sent within five days of receipt of the consumer’s request or the date the report was first requested, whichever is later. [15 USC 1681d(b)]