Consumer Investigative Release With Example In Oakland
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(c) The term “investigative consumer report” means a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any means.
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.
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 ...
An investigative consumer reporting agency shall only furnish an investigative consumer report under the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order. (b) In compliance with a lawful subpoena issued by a court of competent jurisdiction.
The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested.
As a rule of thumb, the distinction between the two types of investigations can be thought of as simply verifying the specific facts about education, employment or other information the applicant has provided to the employer ("consumer report") versus obtaining more general character or personal information through ...
The disclosure must: Clearly and accurately disclose to the employee or applicant in writing that it may obtain an Investigative Consumer Report, including information from the referenced personal interviews as to their character, general reputation, personal characteristics, and mode of living.
The FTC does clarify that obtaining information from a former employer beyond “fact-checking” could constitute an interview and be considered an Investigative Consumer Report. This could include, but is not limited to, asking a candidate's former employer about: Discipline actions against the candidate.
(e) The term “investigative consumer report” means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with ...