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 thesection 1681g(c) of this title; and
(2) the person certifies or has certified to the consumer reporting agency that— the person has made the disclosures to the consumer required by paragraph (1); and the person will comply with subsection (b). (b) Disclosure on request of nature and scope of investigationNo 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) CertificationA 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) InquiriesA consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a State equal employment opportunity law or regulation.
(3) Certain public record informationExcept 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 person with whom the (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