19.182.050 - Investigative consumer report -- Procurement, preparation -- Disclosure -- Use -- Liability -- Record. - Washington Statutes

Investigative consumer report — Procurement, preparation — Disclosure — Use — Liability — Record.

(1) A person may not procure or cause to be prepared an investigative consumer report on a consumer unless:

     (a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and the disclosure:

     (i) 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

     (ii) Includes a statement informing the consumer of the consumer's right to request the additional disclosures provided for under subsection (2) of this section and the written summary of the rights of the consumer prepared under RCW 19.182.080(7); or

     (b) The report is to be used for employment purposes for which the consumer has not specifically applied.

     (2) A person who procures or causes to be prepared an investigative consumer report on a consumer shall make, upon written request made by the consumer within a reasonable period of time after the receipt by the consumer of the disclosure required in subsection (1)(a) of this section, a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure must be made in a writing mailed, or otherwise delivered, to the consumer not later than the latter of five days after the date on which the request for the disclosure was either received from the consumer or the report was first requested.

     (3) No person may be held liable for a violation of subsection (1) or (2) of this section if the person shows by a preponderance of the evidence that at the time of the violation the person maintained reasonable procedures to assure compliance with subsection (1) or (2) of this section.

     (4) A consumer reporting agency shall maintain a detailed record of:

     (a) The identity of the person to whom an investigative consumer report or information from a consumer report is provided by the consumer reporting agency; and

     (b) The certified purpose for which an investigative consumer report on a consumer, or any other information relating to a consumer, is requested by the person.

     For purposes of this subsection, "person" does not include an individual who requests the report unless the individual obtains the report or information for his or her own individual purposes.

[1993 c 476 § 7.]