Section 19-14.8-1. – Short title.

§ 19-14.8-1. Short title. This chapter shall be known and may be cited as the “Uniform Debt-Management Services Act”. History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.

Section 19-14.8-10. – Certificate of registration — Timing.

§ 19-14.8-10. Certificate of registration — Timing. (a) The director shall approve or deny an initial registration as a provider within one hundred twenty (120) days after an application is filed. In connection with a request pursuant to this chapter for additional information, the director may extend the one hundred twenty-day (120) period for not […]

Section 19-14.8-11. – Renewal of registration.

§ 19-14.8-11. Renewal of registration. (a) A provider must obtain a renewal of its registration annually. (b) An application for renewal of registration as a provider must be in a form prescribed by the director, signed under oath or certified under the penalties of perjury, and: (1) Be filed in accordance with § 19-14-22; (2) […]

Section 19-14.8-12. – [Repealed.]

§ 19-14.8-12. [Repealed.] History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3; repealed by P.L. 2022, ch. 338, § 8, effective June 29, 2022; repealed by P.L. 2022, ch. 339, § 8, effective June 29, 2022.

Section 19-14.8-13. – Bond required.

§ 19-14.8-13. Bond required. (a) Except as otherwise provided in § 19-14.8-14, a provider that is required to be registered under this chapter shall file a surety bond with the director, which must: (1) Be in effect during the period of registration and for two (2) years after the provider ceases providing debt-management services to […]

Section 19-14.8-14. – Bond required — Substitute.

§ 19-14.8-14. Bond required — Substitute. (a) Instead of the surety bond required by § 19-14.8-13, a provider may deliver to the director, in the amount required by § 19-14.8-13(b), and, except as otherwise provided in subsection (a)(2)(A) of this section, payable or available to this state and to individuals who reside in this state […]

Section 19-14.8-15. – Requirement of good faith.

§ 19-14.8-15. Requirement of good faith. A provider shall act in good faith in all matters under this chapter. History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.

Section 19-14.8-16. – Customer service.

§ 19-14.8-16. Customer service. A provider that is required to be registered under this chapter shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor or customer-service representative, as appropriate, during ordinary business hours. History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, […]

Section 19-14.8-17. – Prerequisites for providing debt-management services.

§ 19-14.8-17. Prerequisites for providing debt-management services. (a) Before providing debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list must be clear and conspicuous; be in a record the individual may keep whether or not the individual assents to an agreement; […]

Section 19-14.8-18. – Communication by electronic or other means.

§ 19-14.8-18. Communication by electronic or other means. (a) In this section: (1) “Federal act” means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., as amended. (2) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. […]

Section 19-14.8-19. – Form and content of agreement.

§ 19-14.8-19. Form and content of agreement. (a) An agreement must: (1) Be in a record; (2) Be dated and signed by the provider and the individual; (3) Include the name of the individual and the address where the individual resides; (4) Include the name, business address, and telephone number of the provider; (5) Be […]

Section 19-14.8-2. – Definitions.

§ 19-14.8-2. Definitions. In this chapter: (1) “Director” means the director of the department of business regulation. (2) “Affiliate”: (a) With respect to an individual, means: (i) The spouse of the individual; (ii) A sibling of the individual or the spouse of a sibling; (iii) An individual or the spouse of an individual who is […]

Section 19-14.8-20. – Cancellation of agreement — Waiver.

§ 19-14.8-20. Cancellation of agreement — Waiver. (a) An individual may cancel an agreement before midnight of the third (3rd) business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 19-14.8-19 or § 19-14.8-28, in which event the individual may cancel the agreement within thirty (30) […]

Section 19-14.8-21. – Required language.

§ 19-14.8-21. Required language. Unless the director, by rule, provides otherwise, the disclosures and documents required by this chapter must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language of the disclosures and documents required by this […]

Section 19-14.8-22. – Trust account.

§ 19-14.8-22. Trust account. (a) All money paid to a provider by, or on behalf of, an individual pursuant to a plan for distribution to creditors is held in trust. Within two (2) business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom […]

Section 19-14.8-23. – Fees and other charges.

§ 19-14.8-23. Fees and other charges. (a) A provider may not impose directly, or indirectly, a fee or other charge on an individual or receive money from, or on behalf of, an individual for debt-management services except as permitted by this section. (b) A provider may not impose charges or receive payment for debt-management services […]

Section 19-14.8-24. – Voluntary contributions.

§ 19-14.8-24. Voluntary contributions. A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until thirty (30) days after completion or termination of a plan, the aggregate amount of money received […]

Section 19-14.8-25. – Voidable agreements.

§ 19-14.8-25. Voidable agreements. (a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 19-14.8-23 or § 19-14.8-24, the individual may void the agreement and recover as provided in § 19-14.8-35. (b) If a provider is not registered as required by this chapter when an […]

Section 19-14.8-26. – Termination of agreements.

§ 19-14.8-26. Termination of agreements. (a) If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual: (1) Any money of […]

Section 19-14.8-27. – Periodic reports and retention of records.

§ 19-14.8-27. Periodic reports and retention of records. (a) A provider shall provide the accounting required by subsection (b): (1) Upon cancellation or termination of an agreement; and (2) Before cancellation or termination of any agreement: (A) At least once each month; and (B) Within five (5) business days after a request by an individual, […]