The short title of this part 2 is the “Uniform Debt-Management Services Act”. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1137, § 4, effective August 9. Editor’s note: This section is similar to former § 12-14.5-201 as it existed prior to 2017.
As used in this part 2, unless the context otherwise requires: “Administrator” means the assistant attorney general designated by the attorney general pursuant to section 5-6-103. “Affiliate”: With respect to an individual, means: The spouse of the individual; A sibling of the individual or the spouse of a sibling; An individual or the spouse of […]
This part 2 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. This part 2 does not apply to a provider to the extent that the provider: Provides or agrees to provide debt-management, educational, or counseling services […]
Except as otherwise provided in subsection (b) of this section, on or after July 1, 2008, 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 part 2. If a […]
An application for registration as a provider shall be in a form prescribed by the administrator. An application for registration as a provider shall be accompanied by: The fee established by the administrator. The administrator shall transmit the fee to the state treasurer, who shall deposit it in the uniform consumer credit code cash fund, […]
An application for registration shall be signed under penalty of false statement and include: 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; All names under which the applicant conducts business; The address of each location in this state at which […]
When the results of a fingerprint-based criminal history record check of an officer of the applicant or employee or agent of the applicant performed pursuant to section 5-19-206 (12) reveal a record of arrest without a disposition, the administrator shall require that person to submit to a name-based criminal history record check, as defined in […]
An applicant or registered provider shall notify the administrator within fifteen days after a change in the information specified in section 5-19-205 (b)(5) or section 5-19-206 (1), (3), (6), (10), or (11). Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1144, § 4, effective August 9. Editor’s note: This section […]
Except for the information required by section 5-19-206 (7), (9), (12), (13), and (15), and the addresses required by section 5-19-206 (4), the administrator shall make the information in an application for registration as a provider available to the public. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1144, § […]
Except as otherwise provided in subsections (b) and (c) of this section, the administrator shall issue a certificate of registration as a provider to a person that complies with sections 5-19-205 and 5-19-206. The administrator may deny registration if: The application contains information that is materially erroneous or incomplete; An officer, director, or owner of […]
The administrator shall approve or deny an initial registration as a provider within ninety days after an application is filed. In connection with a request pursuant to section 5-19-206 (17) for additional information, the administrator may extend the ninety-day period for not more than thirty days. Within seven days after denying an application, the administrator, […]
A provider shall obtain a renewal of its registration annually before the expiration date of the registration to be renewed, as specified in this section. An application for renewal of registration as a provider shall be in a form prescribed by the administrator, signed under penalty of false statement, and: Be filed before the registration […]
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 in the form prescribed by section 5-19-205 (a), 5-19-206, or 5-19-211 (b). The administrator shall accept […]
Except as otherwise provided in section 5-19-214, a provider that is required to be registered under this part 2 shall file a surety bond with the administrator, which shall: Be in effect during the period of registration and for two years after the provider ceases providing debt-management services to individuals in this state; and Run […]
Instead of the surety bond required by section 5-19-213, a provider may deliver to the administrator, in the amount required by section 5-19-213 (b), and, except as otherwise provided in subsection (a)(1) of this section, payable or available to this state and to individuals who reside in this state when they agree to receive debt-management […]
A provider shall act in good faith in all matters under this part 2. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1149, § 4, effective August 9. Editor’s note: This section is similar to former § 12-14.5-215 as it existed prior to 2017.
A provider required to be registered under this part 2 shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a counselor, debt specialist, or customer-service representative, as appropriate, during ordinary business hours. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1149, […]
Before providing or contracting to provide debt-management services, a registered 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 the goods […]
As used in this section, unless the context otherwise requires: “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. “Federal act” means the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., as amended. The names of […]
An agreement shall: Be in a record; Be dated and signed by the provider and the individual; Include the name of the individual and the address where the individual resides; Include the name, business address, and telephone number of the provider; Be delivered to the individual immediately upon formation of the agreement; and Disclose: The […]
