§ 5-19-214. Bond Required – Substitute
Instead of the surety bond required by section 5-19-213, a provider may deliver to the administrator, in the amount required by section 5-19-213 (b), and, except as otherwise provided in subsection (a)(1) of this section, payable or available to this state and to individuals who reside in this state when they agree to receive debt-management […]
§ 5-19-114. Relation Between Parts of Article
In the event of a conflict between part 2 of this article 19 and this part 1, the provisions of part 2 of this article 19 shall control. A credit service organization that also performs debt-management services shall comply with the requirements of part 2 of this article 19. Source: L. 2017: Entire article added […]
§ 5-19-215. Good Faith Requirement
A provider shall act in good faith in all matters under this part 2. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1149, § 4, effective August 9. Editor’s note: This section is similar to former § 12-14.5-215 as it existed prior to 2017.
§ 5-19-201. Short Title
The short title of this part 2 is the “Uniform Debt-Management Services Act”. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1137, § 4, effective August 9. Editor’s note: This section is similar to former § 12-14.5-201 as it existed prior to 2017.
§ 5-19-216. Customer Service
A provider required to be registered under this part 2 shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a counselor, debt specialist, or customer-service representative, as appropriate, during ordinary business hours. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1149, […]
§ 5-19-202. Definitions
As used in this part 2, unless the context otherwise requires: “Administrator” means the assistant attorney general designated by the attorney general pursuant to section 5-6-103. “Affiliate”: With respect to an individual, means: The spouse of the individual; A sibling of the individual or the spouse of a sibling; An individual or the spouse of […]
§ 5-19-217. Prerequisites for Providing Debt-Management Services
Before providing or contracting to provide debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list shall be clear and conspicuous, be in a record the individual may keep whether or not the individual assents to an agreement, and describe the goods […]
§ 5-19-203. Exempt Agreements and Persons
This part 2 does not apply to an agreement with an individual who the provider has no reason to know resides in this state at the time of the agreement. This part 2 does not apply to a provider to the extent that the provider: Provides or agrees to provide debt-management, educational, or counseling services […]
§ 5-19-204. Registration Required
Except as otherwise provided in subsection (b) of this section, on or after July 1, 2008, a provider may not provide debt-management services to an individual who it reasonably should know resides in this state at the time it agrees to provide the services, unless the provider is registered under this part 2. If a […]
§ 5-19-205. Application for Registration – Form, Fee, and Accompanying Documents
An application for registration as a provider shall be in a form prescribed by the administrator. An application for registration as a provider shall be accompanied by: The fee established by the administrator. The administrator shall transmit the fee to the state treasurer, who shall deposit it in the uniform consumer credit code cash fund, […]