General Laws of Massachusetts - Chapter 93 Regulation of Trade and Certain Enterprises - Section 53 Investigative consumer report; disclosures to consumer

Section 53. (a) 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 in writing to the consumer, prior to requesting the consumer reporting agency to prepare the report, that an investigative consumer report commonly includes information as to the consumer’s character, general reputation, personal characteristics, and mode of living, and the disclosure includes the precise nature and scope of the investigation requested and the right to have a copy of the report upon request; and

(2) the consumer provides the person requesting the report written permission to obtain the investigative consumer report prior to the person making such request to the consumer reporting agency.

(b) The consumer reporting agency shall upon the request of the consumer provide to the consumer a copy of such report upon its completion.

(c) No person may be held liable for any violation of paragraph (a) if he proves by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with said paragraph (a).

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Last modified: September 11, 2015