Section 138 – Uniformity of application and construction.
13-42-138. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Amended by Chapter 378, 2010 General Session
Section 123 – Fees and other charges.
13-42-123. Fees and other charges. (1) 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. (2) A provider may not impose charges or receive payment for debt-management services until […]
Section 124 – Voluntary contributions.
13-42-124. 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 30 days after completion or termination of a plan, the aggregate amount of money received from or […]
Section 125 – Voidable agreements.
13-42-125. Voidable agreements. (1) If a provider imposes a fee or other charge or receives money or other payments not authorized by Section 13-42-123 or 13-42-124, the individual may void the agreement and recover as provided in Section 13-42-135. (2) If a provider is not registered as required by this chapter when an individual assents […]
Section 126 – Retention of records.
13-42-126. Retention of records. (1) For each individual for whom a provider provides debt-management services, the provider shall maintain records for five years after the final payment made by the individual. (2) The provider shall produce a copy of the records to the individual within a reasonable time after a request for the records. (3) […]
Section 111 – Renewal of registration.
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 […]
Section 127 – Periodic reports and retention of records.
13-42-127. Periodic reports and retention of records. (1) A provider shall provide the accounting required by Subsection (2): (a) on cancellation or termination of an agreement; and (b) before cancellation or termination of any agreement: (i) at least once each month; and (ii) no later than five business days after a request by an individual, […]
Section 112 – Registration in another state — Rulemaking.
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 […]
Section 128 – Prohibited acts and practices.
13-42-128. Prohibited acts and practices. (1) A provider may not, directly or indirectly: (a) include a secured debt in a plan, except as authorized by law other than this chapter; (b) misappropriate or misapply money held in trust; (c) settle a debt on behalf of an individual, unless the individual assents to the settlement after […]
Section 113 – Bond required.
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 […]