New Mexico Disclosure That Investigative Consumer Report May Be Made

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Multi-State
Control #:
US-01413BG
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Word; 
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Description

Under the Fair Credit Reporting Act, 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 character, general reputation, personal characteristics, and mode of living, whichever is or 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 the right to request additional disclosures from the person requesting the report and the written summary of rights of the consumer prepared pursuant to ?§ 1681g(c) of the Act; and (2) the person certifies or has certified to the consumer reporting agency that the person has made the proper disclosures to the consumer as required under the Act.

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FAQ

The report includes information regarding the applicant's general reputation and personal characteristics. The investigative consumer report does not include information about the applicant's personal credit information obtained from creditors.

Investigative consumer reports contain information on an individual that is not in their credit report, including their "character, general reputation, personal characteristics, or mode of living" and are most often used by employers to check on job applicants.

The Fair Credit Reporting Act requires that an insurance application state that an investigative consumer report may be obtained on an applicant.

(a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided below: (1) In the case of a written application for insurance, a notice shall be provided no later than: (A) At the time of the delivery of the ...

Consumers must be advised that they have a right to request additional information concerning investigative consumer reports, and the insurer or reporting agency has 5 days to provide the consumer with the additional information.

C. Consumer report * Consumer reports include written/oral information regarding a consumer's credit, character, reputation, or habits collected by a reporting agency from employment records, credit reports, and other public sources.

Section 1681a of the Fair Credit Reporting Act defines an ?investigative consumer report? as ?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 ...

Consideration. If a consumer requests additional information concerning an Investigative Consumer Report, how long does the insurer or reporting agency have to comply? A. 5 days.

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New Mexico Disclosure That Investigative Consumer Report May Be Made