LD 2263
pg. 3
Page 2 of 7 An Act to Amend the State's Fair Debt Collection Practices Laws and to Provide ... Page 4 of 7
Download Bill Text
LR 3670
Item 1

 
REGULATION OF PRACTICES

 
§12-301.__Funds held in separate bank account

 
The debt management service shall deposit all funds received
from or on behalf of a consumer for payment to a creditor in
trust for the benefit of the consumer in a bank account that is
separate from any operating accounts of the debt management
service.__Such separate bank account may be maintained outside
the State as long as the account is with a federally chartered
financial institution or national bank and is available to the
administrator for audit and examination purposes.__The debt
management service shall deposit all funds remitted by a consumer
for payment to a creditor into such separate bank account within
2 business days of receipt by the debt management service, and
the debt management service shall remit such funds to the
consumer's creditor within 15 business days of receipt of the
funds.

 
§12-302.__Requirement for written agreement

 
A debt management service may not perform debt management
services for a consumer unless the consumer and the debt
management service have executed a written agreement with regard
to the debt management services to be provided.__Each agreement
between a consumer and a debt management service must be in
writing, dated and signed by the consumer and must include the
following:

 
1.__The name and address of the consumer and the debt
management service, and the state registration number of the debt
management service;

 
2.__A full description of the services to be performed for the
consumer, any fees charged to the consumer for such services and
any contributions the consumer has agreed to make to the debt
management service;

 
3.__The existence of the surety bond on file with the State,
and the procedure for instituting an action against that bond;

 
4.__The identification of the financial institution and
account where funds remitted by a consumer for payment to a
creditor are held;

 
5.__The right of a party to cancel the agreement by providing
a written notice of__cancellation to the other party;


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