It is unlawful for a licensee to:
1. Accept an account unless it appears on the basis of a reasonable budget analysis, reduced to writing, that the debtor can reasonably meet the payments agreed upon by the licensee and the debtor and that the agreed upon payment is sufficient to pay the service charges to the licensee and the full amount of the proposed payments to creditors as agreed upon by the licensee and debtor. The licensee shall retain the written budget analysis for at least three years after the termination of the contract in the files of the licensee. The licensee shall make the analysis available for inspection by the superintendent, except that such a budget analysis is not deemed unreasonable if facts which would prove it to be such were not furnished to the licensee by the debtor upon request.
2. Unless agreed upon by the debtor, attempt to alter any scheduled payment listed on the original application from the debtor to any figure other than the amount agreed upon by the debtor and creditors in those cases when a contractual installment exists. Acceptance of the proposed payment by the creditor shall not alter any rights the creditor has under his original contract with the debtor.
3. Purchase from a creditor any obligation of a debtor.
4. Operate as a collection agent and as a licensee as to the same debtor's account.
5. Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in.
6. Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee either as to real or personal property.
7. Pay any bonus or other consideration to any person for the referral of a debtor to his business, nor accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason.
8. Advertise his services, display, distribute, broadcast or televise or permit to be displayed, advertised, distributed, broadcasted or televised his services in any manner whatsoever in which any false, misleading or deceptive statement or representation with regard to the services to be performed by the licensee or the charges to be made for those services.Section: Previous 6-703 6-704 6-705 6-706 6-707 6-708 6-709 6-710 6-714 6-715 6-716 6-801 6-802 6-811 6-812 Next
Last modified: October 13, 2016