(a) At the time of providing to a consumer any materials or agreements required by this part, a licensee shall inform the consumer that upon electronic, telephonic, or written request, the licensee must send the consumer a copy of the materials and must comply with a request as provided in subsection (b).
(b) If a consumer submits a request to a licensee before the expiration of ninety (90) days after a program is completed or terminated to send a copy of the materials required by this section, then the licensee must send the materials to the consumer at no cost to the consumer within five (5) business days after the request; provided, however, that the licensee is not required to comply with more than one (1) request for materials from the same consumer per calendar month, or if the licensee reasonably believes the request is made for purposes of harassment. If a request is made more than ninety (90) days and less than two (2) years after a program is completed or terminated, then the licensee must send, within a reasonable time, a copy of the materials requested. The licensee is not required to comply with any request from a consumer made more than the later of:(1) Two (2) years after a program is completed or terminated; or(2) The applicable statute of limitations governing the contract.
(1) Two (2) years after a program is completed or terminated; or
(2) The applicable statute of limitations governing the contract.
(c) A licensee that maintains a website shall disclose on the home page or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals its contents:(1) The licensee's name and all names under which the licensee does business in this state; and(2) The licensee's principal business address, telephone number, and email address, if any.
(1) The licensee's name and all names under which the licensee does business in this state; and
(2) The licensee's principal business address, telephone number, and email address, if any.
(d) A licensee shall keep, for a period of two (2) years from the date the record is produced, the following records:(1) All substantially different advertising, brochures, telemarketing scripts, promotional materials, and supportive data;(2) The name and last known address of each consumer, the goods or services purchased, the date the goods or services were first provided or the consumer signed an agreement for the provision of the goods or services, and the amount paid by the consumer for the goods or services; and(3) The name, any fictitious name used, the last known home address and telephone number, and the job titles for all current and former employees directly involved in sales or solicitations; provided, however, that if the licensee permits fictitious names to be used by employees, each fictitious name must be traceable to only one (1) specific employee.
(1) All substantially different advertising, brochures, telemarketing scripts, promotional materials, and supportive data;
(2) The name and last known address of each consumer, the goods or services purchased, the date the goods or services were first provided or the consumer signed an agreement for the provision of the goods or services, and the amount paid by the consumer for the goods or services; and
(3) The name, any fictitious name used, the last known home address and telephone number, and the job titles for all current and former employees directly involved in sales or solicitations; provided, however, that if the licensee permits fictitious names to be used by employees, each fictitious name must be traceable to only one (1) specific employee.
(e) In addition to the records required by subsection (d), the licensee must keep a copy of each signed agreement with any consumer for not less than five (5) years from the date that the consumer either graduates or terminates the debt resolution program.
(f) A licensee may keep the records required by subsections (d) and (e) in any form, and in the same manner, format, or place as the licensee keeps such records in the ordinary course of business. Failure to keep all records required by subsections (d) and (e) is a violation of this part.
(g) In the event of any dissolution or termination of the licensee's business, the principal of the licensee must maintain all records as required under subsections (d) and (e). In the event of any sale, assignment, or other change in ownership of the licensee's business, the successor business must maintain all records required under subsections (d) and (e).