§46A-6J-4. Notification by the Secretary of State; Registry
The Secretary of State shall promulgate rules to establish a system by which any person, corporation, trade association or partnership may register to receive notification that a state of emergency or state of preparedness has been declared and that the provisions of this article are in effect. The rules promulgated pursuant to the authority conferred […]
§46A-6J-5. Penalties, Remedies and Enforcement
(a) A violation of this article is an unfair or deceptive act or practice within the meaning of section one hundred two, article six of this chapter and is subject to the enforcement provisions and remedies provided by this chapter. (b) Any person violating the provisions of this article is guilty of a misdemeanor and, […]
§46A-6I-3. Receipt of Electronic Record
Notwithstanding the provisions of article one, chapter thirty-nine-a of this code, in a consumer transaction, an electronic record is not sent to or received by a party if the sender has actual knowledge that such party did not actually receive the electronic record. In that case, the sender's sole obligation shall be to take reasonable […]
§46A-6H-1. Definitions
For the purposes of this article: (1) "Closing date" means the date the transfer agreement is executed by the consumer and the transferee, and shall be at least fourteen days after the requisite disclosures have been provided to the consumer and interested parties.
§46A-6H-2. Disclosure Requirements Prior to Transfer
(a) In order for any transfer by a consumer to a transferee to be effective, the transferee shall provide the following disclosures in writing, in bold, twelve point type, to the consumer at least fourteen days prior to the earlier of the closing date or the hearing on the transfer when court approval is required […]
§46A-6H-3. Requirement of Court Approval for Certain Structured Settlement Transfers
(a) In addition to the requirements of this article, all transfer agreements must be approved by the circuit court of the county wherein the consumer resides or where the structured settlement agreement was executed when the structured settlement payment rights arise from a personal injury or other claim. (b) The transferee shall commence the action […]
§46A-6H-4. Prohibiting Transfer Agreements of Workers' Compensation Claims and Other Transfer Agreements That Contravene Law
Any agreement to transfer future payments arising under a workers' compensation claim is prohibited as is any other agreement to transfer future payments that would contravene existing law.
§46A-6H-5. Right of Recision
(a) Any consumer who enters into a transfer agreement shall have an absolute, nonwaiveable right of recision for five business days following the closing date of the transfer. During the five-day recision period, the consumer may rescind the transfer agreement by phone, mail or facsimile, effective upon receipt, without penalty or further obligation to the […]
§46A-6H-6. Remedies; Effective Date; Nonwaiver
(a) This article shall apply to transfer agreements of future payment rights executed after the effective date of this article. Nothing in this article shall be construed to impair, limit, affect or otherwise apply to any transfer agreement executed prior to the effective date of this article. (b) A violation of a provision of this […]
§46A-6H-7. Protection From Liability to Consumer
When an interested party makes payments to the transferee pursuant to a court order of approval or a transfer agreement executed in accordance with the provisions of this article, the interested party and the transferee are not liable to the consumer or other interested party for the transfer of the consumer's future payments.