Title 19, Title 19 Institutions

(a) Instead of the surety bond required by § 19-14.8-13, a provider may deliver to the director, in the amount required by § 19-14.8-13(b), and, except as otherwise provided in subsection (a)(2)(A) of this section, payable or available to this state and to individuals who reside …

A provider shall act in good faith in all matters under this chapter.

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…

(a) Before providing debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list must be clear and conspicuous; be in a record the individual may keep whether or not the individual assents to …

(a) In this section: (1) “Federal act” means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., as amended. (2) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household p…

(a) An agreement must: (1) Be in a record; (2) Be dated and signed by the provider and the individual; (3) Include the name of the individual and the address where the individual resides; (4) Include the name, business address, and telephone number of the provider; (5) Be deliver…

In this chapter: (1) “Director” means the director of the department of business regulation. (2) “Affiliate”: (a) With respect to an individual, means: (i) The spouse of the individual; (ii) A sibling of the individual or the spouse of a sibling; (iii) An individual or the spouse…

(a) An individual may cancel an agreement before midnight of the third (3rd) business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 19-14.8-19 or § 19-14.8-28, in which event the individual may cancel the agreement within th…

Unless the director, by rule, provides otherwise, the disclosures and documents required by this chapter must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language o…

(a) All money paid to a provider by, or on behalf of, an individual pursuant to a plan for distribution to creditors is held in trust. Within two (2) business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to…

(a) 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. (b) A provider may not impose charges or receive payment for debt-…

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 thirty (30) days after completion or termination of a p…

(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 19-14.8-23 or § 19-14.8-24, the individual may void the agreement and recover as provided in § 19-14.8-35. (b) If a provider is not registered as required by this chapter when …

(a) If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual…

(a) A provider shall provide the accounting required by subsection (b): (1) Upon cancellation or termination of an agreement; and (2) Before cancellation or termination of any agreement: (A) At least once each month; and (B) Within five (5) business days after a request by an ind…

(a) A provider may not, directly or indirectly: (1) Misappropriate or misapply money held in trust; (2) Settle a debt on behalf of an individual for more than fifty percent (50%) of the principal amount of the debt owed a creditor, unless the individual assents to the settlement …

No later than thirty (30) days after a provider has been served with notice of a civil action for violation of this chapter by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify th…

(a) 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. (b) This chapter does not apply to a provider to the extent that the provider: (1) Provides or agrees to provide debt-mana…

A provider that advertises debt-management services shall disclose, in an easily comprehensible manner, the information specified in § 19-14.8-17(d)(3) and (d)(4).

If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, the provider is liable for conduct of the person that, if done by the provider, would violate the agreement or this chapter.

(a) The director may act on its own initiative or in response to complaints; and may receive complaints; take action to obtain voluntary compliance with this chapter; refer cases to the attorney general; and seek or provide remedies as provided in this chapter. (b) The director m…

(a) The director may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions: (1) Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations; (2) Ordering a provider or a perso…

(a) In this section, “insolvent” means: (1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute; (2) Being unable to pay debts as they become due; or (3) Being insolvent within the meaning of the federal bankruptcy …

(a) If an individual voids an agreement pursuant to § 19-14.8-25(b), the individual may recover in a civil action all money paid or deposited by, or on behalf of, the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subsect…

If an act or practice of a provider violates both this chapter and either chapter 13.1 of title 6, an individual may not recover under both for the same act or practice.

(a) An action or proceeding brought pursuant to § 19-14.8-33(a), (b), or (c) must be commenced within four (4) years after the conduct that is the basis of the director’s complaint. (b) An action brought pursuant to § 19-14.8-35 must be commenced within two (2) years after the la…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notice…

(a) Except as otherwise provided in subsection (b) of this section, 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…

Transactions entered into before this chapter takes effect and the rights, duties, and interests resulting from them may be completed, terminated, or enforced as required or permitted by a law amended, repealed, or modified by this chapter as though the amendment, repeal, or modi…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions…

It is the intention of the general assembly that the official comments to this chapter represent the express legislative intent of the general assembly and shall be used as a guide for interpretation of this chapter.

(a) An application for registration as a provider must be in a form prescribed by the director. (b) Subject to adjustment of dollar amounts pursuant to § 19-14.8-32(f), an application for registration as a provider must be accompanied by: (1) The fee established by chapter 14 of …

An application for registration must be signed under oath or certified under the penalties 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 we…

An applicant or registered provider shall notify the director within ten (10) days after a change in the information specified in § 19-14.8-5(b)(4) or (6) or § 19-14.8-6(1), (3), (6), (12), or (13).

Except for the information required by § 19-14.8-6(7), (14), and (17) and the addresses required by § 19-14.8-6(4), the director shall make the information in an application for registration as a provider available to the public.

(a) Except as otherwise provided in subsections (b) and (c), the director shall issue a certificate of registration as a provider to a person that complies with §§ 19-14.8-5 and 19-14.8-6. (b) The director may deny registration if: (1) The application contains information that is…