Title 12A — Consumer Code
8 chapters · 181 sections in this title.
12A V.I.C. § 401 Short title
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This chapter may be cited as the Virgin Islands Uniform Debt-Management Services Act.
12A V.I.C. § 402 Definitions
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(1) In this chapter:(1) “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 of an individual who is a lineal ancestor or lineal descendant of the indivi…
12A V.I.C. § 403 Exempt agreements and persons
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(a) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in the Virgin Islands 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 de…
12A V.I.C. § 404 Registration
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(a) Except as otherwise provided in subsection (b), a provider may not provide debt-management services to an individual who the provider reasonably should know resides in the Virgin Islands at the time the provider agrees to provide the services, unless the provider is registere…
12A V.I.C. § 405 Application for registration: form, fee, and accompanying documents
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(a) An application for registration as a provider must be in a form prescribed by the Lieutenant Governor. (b) Subject to adjustment of dollar amounts pursuant to section 432(f), an application for registration as a provider must be accompanied by:(1) the fee established by the L…
12A V.I.C. § 406 Application for registration: required information
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(1) An application for registration must be signed under penalty of false statement and include:(1) the applicant's name, principal business address and telephone number, and all other business addresses in the Virgin Islands, electronic-mail addresses, and Internet website addre…
12A V.I.C. § 407 Application for registration: obligation to update information
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An applicant or registered provider shall notify the Lieutenant Governor within 10 days after a change in the information specified in section 405(b)(4) or (6) or 406(1), (3), (6), (12), or (13).
12A V.I.C. § 408 Application for registration: public information
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Except for the information required by section 406(7), (14), and (17) and the addresses required by section 406(4), the Lieutenant Governor shall make the information in an application for registration as a provider available to the public.
12A V.I.C. § 409 Certificate of registration: issuance or denial
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(a) Except as otherwise provided in subsections (c) and (d), the Lieutenant Governor shall issue a certificate of registration as a provider to a person that complies with sections 405 and 406. (b) If an applicant has otherwise complied with sections 405 and 406, including a time…
12A V.I.C. § 410 Certificate of registration: timing
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(a) The Lieutenant Governor shall approve or deny an initial registration as a provider within 120 days after an application is filed. In connection with a request pursuant to section 406(19) for additional information, the Lieutenant Governor may extend the 120-day period for no…
12A V.I.C. § 411 Renewal of registration
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(a) A provider must obtain a renewal of its registration annually. (b) An application for renewal of registration as a provider must be in a form prescribed by the Lieutenant Governor, signed under penalty of false statement, and:(1) be filed no fewer than 30 and no more than 60 …
12A V.I.C. § 412 Registration in another state
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(1) 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 secti…
12A V.I.C. § 413 Bond required
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(a) Except as otherwise provided in section 414, a provider that is required to be registered under this chapter shall file a surety bond with the Lieutenant Governor which must:(1) be in effect during the period of registration and for two years after the provider ceases providi…
12A V.I.C. § 414 Bond required: substitute
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(a) Instead of the surety bond required by section 413, a provider may deliver to the Lieutenant Governor, in the amount required by section 413(b), and, except as otherwise provided in paragraph (2)(A), payable or available to Virgin Islands and to individuals who reside in the …
12A V.I.C. § 415 Requirement of good faith
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A provider shall act in good faith in all matters under this chapter.
12A V.I.C. § 416 Customer service
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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, certified debt specialist, or customer-service representative, as appropria…
12A V.I.C. § 417 Prerequisites for providing debt-management services
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(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 …
12A V.I.C. § 418 Communication by electronic or other means
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(a) In this section:(1) “Federal act” means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq..(2) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes.…
12A V.I.C. § 419 Form and contents of agreement
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(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 delivered to…
12A V.I.C. § 420 Cancellation of agreement; waiver
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(a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) or section 419 or 428, in which event the individual may cancel the agreement within 30 days after the …
12A V.I.C. § 421 Required language
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Unless the Lieutenant Governor, 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…
12A V.I.C. § 422 Trust account
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(a) All money paid to a provider by or on behalf of an individual for distribution to creditors pursuant to a plan is held in trust. Within two business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom …
12A V.I.C. § 423 Fees and other charges
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(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-mana…
12A V.I.C. § 424 Voluntary contributions
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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 30 days after completion or termination of a plan, the …
12A V.I.C. § 425 Voidable agreements
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(a) If a provider imposes a fee or other charge or receives money or other payments not authorized by section 423 or 424, the individual may void the agreement and recover as provided in section 435. (b) If a provider is not registered as required by this chapter when an individu…
12A V.I.C. § 426 Termination of agreements
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(a) If an individual who has entered into an agreement fails for 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:(1) any…
12A V.I.C. § 427 Periodic reports and retention of records
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(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 business days after a request by an individual,…
12A V.I.C. § 428 Prohibited acts and practices
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(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 50 percent of the principal amount of the debt owed a creditor, unless the individual assents to the settlement after the c…
12A V.I.C. § 429 Notice of litigation
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No later than 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 the Virgin Islands at either the time of an agreement or the time the notice is served, the provider shall notify the…
12A V.I.C. § 430 Advertising
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(a) If the agreements of a provider contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency and the provider advertises debt-management services, the provider shall disclose, in an easily comprehensible manner, that using a debt-ma…
12A V.I.C. § 431 Liability for the conduct of other persons
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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 which, if done by the provider, would violate the agreement or this chapter.
12A V.I.C. § 432 Powers of the Lieutenant Governor
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(a) The Lieutenant Governor may act on his 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 …
12A V.I.C. § 433 Administrative remedies
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(a) The Lieutenant Governor 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 desist from any violations;(2) ordering a provider or a person…
12A V.I.C. § 434 Suspension, revocation, or nonrenewal of registration
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(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 law…
12A V.I.C. § 435 Private enforcement
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(a) If an individual voids an agreement pursuant to section 425(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 subsection…
12A V.I.C. § 436 Violation of consumer fraud and deceptive business practices statute
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If an act or practice of a provider violates both this chapter and chapter 6 the individual may not recover under both for the same act or practice.
12A V.I.C. § 437 Statute of limitations
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(a) An action or proceeding brought pursuant to section 433(a), (b), or (c) must be commenced within four years after the conduct that is the basis of the Lieutenant Governor's complaint. (b) An action brought pursuant to § 435 must be commenced within two years after the latest …
12A V.I.C. § 438 Uniformity of application and construction
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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.
12A V.I.C. § 439 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of…
12A V.I.C. § 440 Transitional provisions; application to existing transactions
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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…
12A V.I.C. § 441 Severability
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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…