13-42-103. Exempt agreements and persons. (1) This chapter 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. (2) This chapter does not apply to a provider to the extent that the provider: (a) provides or agrees to […]
13-42-104. Registration required. (1) Except as otherwise provided in Subsection (2), 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 chapter. (2) If a provider is registered under this […]
13-42-105. Application for registration — Form, fee, and accompanying documents. (1) An application for registration as a provider shall be in a form prescribed by the administrator. (2) Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132(6), an application for registration as a provider shall be accompanied by: (a) the fee established by the […]
13-42-106. Application for registration — Required information. An application for registration as a provider shall be signed under penalty of perjury and include: (1) the applicant’s name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses, and Internet website addresses; (2) all names under which the applicant conducts […]
13-42-107. Application for registration — Obligation to update information. An applicant or registered provider shall notify the administrator no later than 10 days after a change in the information specified in Subsection 13-42-105(2)(d) or (f) or Subsection 13-42-106(1), (3), (6), (12), or (13). Amended by Chapter 152, 2012 General Session
13-42-108. Application for registration — Public information. Except for the information required by Subsections 13-42-106(7), (14), and (17) and the addresses required by Subsection 13-42-106(4), the administrator shall make the information in an application for registration as a provider available to the public. Enacted by Chapter 154, 2006 General Session
13-42-109. Certification of registration — Issuance or denial. (1) Except as otherwise provided in Subsections (2) and (3), the administrator shall issue a certificate of registration as a provider to a person that complies with Sections 13-42-105 and 13-42-106. (2) The administrator may deny registration if: (a) the application contains information that is materially erroneous […]
13-42-110. Certificate of registration — Timing. (1) The administrator shall approve or deny an initial registration as a provider no later than 120 days after an application is filed. In connection with a request pursuant to Subsection 13-42-106(19) for additional information, the administrator may extend the 120-day period for not more than 60 days. Within […]
13-42-111. Renewal of registration. (1) A provider shall obtain a renewal of its registration annually. (2) An application for renewal of registration as a provider shall be in a form prescribed by the administrator, signed under penalty of perjury, and: (a) be filed no fewer than 30 and no more than 60 days before the […]
13-42-112. Registration in another state — Rulemaking. (1) (a) Subject to rules made by the administrator, if a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application […]
13-42-113. Bond required. (1) Except as otherwise provided in Section 13-42-114, a provider that is required to be registered under this chapter shall file a surety bond with the administrator, which shall: (a) be in effect during the period of registration and for two years after the provider ceases providing debt-management services to individuals in […]
13-42-114. Bond required — Substitute. (1) Instead of the surety bond required by Section 13-42-113, a provider, with the approval of the administrator and in the amount required by Subsection (2), may deliver to the administrator: (a) an irrevocable letter of credit, issued or confirmed by a bank approved by the administrator, payable on presentation […]
13-42-115. Requirement of good faith. A provider shall act in good faith in all matters under this chapter. Enacted by Chapter 154, 2006 General Session
13-42-116. 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. Enacted by Chapter 154, 2006 General Session
13-42-117. Prerequisites for providing debt-management services. (1) Before providing debt-management services, a 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 […]
13-42-118. Communication by electronic or other means. (1) In this section: (a) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. (b) “Federal act” means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq. (2) A provider […]
13-42-119. Form and contents of agreement. (1) An agreement shall: (a) be in a record; (b) be dated and signed by the provider and the individual; (c) include the name of the individual and the address where the individual resides; (d) include the name, business address, and telephone number of the provider; (e) be delivered […]
13-42-120. Termination of agreement. (1) An individual who is a party to an agreement may terminate the agreement at any time, without penalty or obligation, by giving the provider notice in a record. (2) A provider may terminate an agreement if an individual who is a party to the agreement fails for 60 days to […]
13-42-121. Required language. Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this chapter shall be in English. If a provider communicates with an individual primarily in a language other than English, the provider shall furnish a translation in the other language of the disclosures and documents required by this chapter. […]
13-42-122. Trust account. (1) All money paid to a provider by or on behalf of an individual for distribution to creditors pursuant to a plan is held in trust. No later than two business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom […]
