MARVIN MANDEL, Governor

1563

(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
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

(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 HIS RIGHT TO REQUEST THE ADDITIONAL
DISCLOSURES PROVIDED FOR UNDER SUBSECTION (B) OF THIS
SECTION; OR

(2)    THE REPORT IS TO BE USED FOR EMPLOYMENT
PURPOSES FOR WHICH THE CONSUMER HAS NOT SPECIFICALLY
APPLIED.

(B)    ANY PERSON WHO PROCURES OR CAUSES TO BE
PREPARED AN INVESTIGATIVE CONSUMER REPORT ON ANY CONSUMER
SHALL, UPON WRITTEN REQUEST MADE BY THE CONSUMER WITHIN
A REASONABLE PERIOD OR TIME AFTER THE RECEIPT BY HIM OF
THE DISCLOSURE REQUIRED BY SUBSECTION (A) (1) OF THIS
SECTION, SHALL MAKE A COMPLETE AND ACCURATE DISCLOSURE OF
THE NATURE AND SCOPE OF THE INVESTIGATION REQUESTED.
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 THE
DISCLOSURE WAS RECEIVED FROM THE CONSUMER OR THE REPORT
WAS FIRST REQUESTED, WHICHEVER IS THE LATER.

(C)    NO 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) (B) OF THIS SECTION.

14-1205. COMPLIANCE PROCEDURES.

(A) EVERY CONSUMER REPORTING AGENCY SHALL MAINTAIN
REASONABLE PROCEDURES DESIGNED TO AVOID VIOLATIONS OF
SECTION 14-1203 OF THIS SUBTITLE AND TO LIMIT THE
FURNISHING OF CONSUMER REPORTS TO THE PURPOSES LISTED
UNDER SECTION 14-1202 OF THIS SUBTITLE. THESE PROCEDURES
SHALL REQUIRE THAT PROSPECTIVE USERS OF THE INFORMATION
IDENTIFY THEMSELVES, CERTIFY THE PURPOSES FOR WHICH THE
INFORMATION IS SOUGHT, AND CERTIFY THAT THE INFORMATION
WILL BE USED FOR NO OTHER PURPOSE. EVERY CONSUMER
REPORTING AGENCY SHALL MAKE A REASONABLE EFFORT TO VERIFY
THE IDENTITY OF A NEW PROSPECTIVE USER AND THE USES
CERTIFIED BY THE PROSPECTIVE USER PRIOR TO FURNISHING THE