Misconduct Investigations and Investigative Consumer Reports
Internal misconduct investigations are not consumer reports if the employer follows the act's procedures, uses no credit information, and gives a summary if an adverse action results. Investigative consumer reports (character/reputation via interviews) require special disclosure within five days and notice of expanded rights.
Investigations of suspected employee misconduct (or legal/regulatory/policy compliance) are not treated as consumer reports when: (1) the employer follows the act's procedures, (2) no credit information is used, and (3) a summary of the inquiry is provided to the employee if an adverse action is taken.
For an Investigative consumer report, FCRA Section 606 requires the user to disclose its use in writing, mailed or delivered no later than five days after the report was first requested, and to inform the consumer of the right to request the nature and scope of the investigation. The nature-and-scope disclosure must follow within five days of the consumer's request or the report request, whichever is later.