§46A-6C-1. Definitions
(1) "Buyer" means an individual who is solicited to purchase or who purchases the services of a credit services organization as defined in section two of this article.
§46A-6C-10. Criminal Penalty
A person who violates the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000, imprisoned in the county jail not more than one year, or both fined and imprisoned.
§46A-6C-11. Burden of Proving Exemption
In an action under this article, the burden of proving an exemption under section two of this article is on the person claiming the exemption.
§46A-6C-12. Remedies Cumulative
The remedies provided by this article are in addition to other remedies provided by law.
§46A-6C-2. Credit Services Organization
(a) A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of the following services: (1) Improving a buyer's credit record, history or rating;
§46A-6C-3. Prohibited Conduct
A credit services organization, a salesperson, agency or representative of a credit services organization or an independent contractor who sells or attempts to sell the services of a credit services organization may not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit […]
§46A-6C-4. Bond; Surety Account
(a) This section applies to a credit services organization required by section three of this article to obtain a surety bond or establish a surety account. (b) If a bond is obtained, a copy of it shall be filed with the Secretary of State. If a surety account is established, notification of the depository, the […]
§46A-6C-5. Registration
(a) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this state. The registration statement shall contain: (1) The name and address of the credit services organization; and
§46A-6C-6. Disclosure Statement
(a) Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing: (1) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost […]
§46A-6C-7. Form and Terms of Contract
(a) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer, and must include: (1) A statement in type that is boldfaced, capitalized, underlined, or otherwise set out from surrounding written materials so as to […]
§46A-6C-8. Waiver
(a) A credit services organization may not attempt to cause a buyer to waive a right under this article. (b) A waiver by a buyer of any part of this article is void.
§46A-6C-9. Action for Damages
(a) A buyer injured by a violation of this article may bring any action for recovery of damages. The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs. (b) The buyer may also be awarded punitive damages.