13-21-2. Definitions — Exemptions. As used in this chapter: (1) “Buyer” means an individual who is solicited to purchase or who purchases the services of a credit services organization. (2) “Credit reporting agency” means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part […]
13-21-3. Credit services organizations — Prohibitions. (1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration […]
13-21-3.5. Registration and suspension of registration. (1) A credit services organization shall file an application for registration with the division before engaging in any activity regulated by this chapter. The application shall include: (a) the name, complete address, and telephone number of the organization; (b) the name of any person who owns or controls more […]
13-21-4. Bond, letter of credit, or certificate of deposit — Not required of agent if obtained by organization. (1) If a credit services organization has obtained a bond, letter of credit, or certificate of deposit as set forth in Subsection 13-21-3(1) a salesperson, agent, or representative who sells the services of that organization is not […]
13-21-5. Written information statement required. Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing, containing all […]
13-21-6. Contents of statement. The information statement required under Section 13-21-5 shall include all of the following: (1) a complete and accurate statement of the buyer’s right to review any file on the buyer maintained by any credit reporting agency, as provided under 15 U.S.C. Sec. 1681 et seq., as amended, the Fair Credit Reporting […]
13-21-7. Written contracts required — Contents — Notice of cancellation of contract. (1) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and include all of the following: (a) a conspicuous statement in bold […]
13-21-8. Burden of proving exception — Penalties — Court’s criminal and equitable jurisdiction — Prosecution. (1) (a) Any waiver by a buyer of any part of this chapter is void. (b) Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter. (2) […]
13-21-9. Damages — Punitive damages — Attorney’s fees and costs — Remedies. (1) Any buyer injured by a violation of this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to the credit services organization, plus […]
