Del. Code tit. 6 § 2417A

Current through 2024 Legislative Session Act Chapter 531

Section 2417A - Prerequisites for providing debt-management services

(a) Before providing debt-management services, a licensed 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 an agreement, and describe the goods and services the provider offers:

(1) Free of additional charge if the individual enters into an agreement;

(2) For a charge if the individual does not enter into an agreement; and

(3) For a charge if the individual enters into an agreement with a

provider that holds money on behalf of an individual to pay creditors, using

the following terminology, as applicable, and format:

Set-up fee ____________________________________

dollar amount of fee

Monthly service fee _____________________________________

dollar amount of fee or method of determining

amount

Settlement fee _____________________________________

dollar amount of fee or method of determining

amount

Goods and services in addition to those provided in connection with a plan:

(item) _____________________________________

dollar amount or method of determining

amount

(item) ______________________________________

dollar amount or method of determining

amount.

(4) For a charge if the individual enters into an agreement with a

provider who does not hold money on behalf of a debt to pay creditors, using

the following terminology, as applicable, and format:

Non Refundable Set-Up fee _______________________________________

dollar amount of fee

Monthly service fee _______________________________________

Dollar amount of monthly service

fee or the aggregate amount for

the term of the plan or

method of determining amount

Settlement fee _______________________________________

Dollar amount of fee or method of

determining amount

Goods and services in addition to those provided in connection with a plan:

(item) _______________________________________

dollar amount or method of determining

amount

(item) _________________________________________

dollar amount or method of determining

amount

The maximum fee that you may be required to pay is 18% of the principal amount of the debt, and includes the set-up fee, monthly fee, settlement fee, or other service charges.

(b) A provider may not furnish debt-management services unless the provider, through the services of a certified counselor:

(1) Provides the individual with reasonable education about the management of personal finance;

(2) Has prepared a financial analysis; and

(3) If the individual is to make regular, periodic payments:

(A) Has prepared a plan for the individual;

(B) Has made a determination, based on the provider's analysis of the information provided by the individual and otherwise available to it, that the plan is suitable for the individual and the individual will be able to meet the payment obligations under the plan or that the creditor will likely engage in negotiations with the provider; and

(C) Believes that each creditor of the individual listed as a participating creditor in the plan will accept likely payment of the individual's debts as provided in the plan.

(c) Before an individual assents to an agreement to engage in a plan, a provider shall:

(1) Provide the individual with a copy of the analysis and plan required by subsection (b) of this section in a record that identifies the provider and that the individual may keep whether or not the individual assents to the agreement;

(2) Inform the individual of the availability, at the individual's option, of assistance by a toll free communication system or in person to discuss the financial analysis and plan required by subsection (b) of this section; and

(3) With respect to all creditors identified by the individual or otherwise known by the provider to be creditors of the individual, inform the individual that some creditors may be unwilling to negotiate with the provider.

(d) Before an individual assents to an agreement to engage in a plan, the provider shall inform the individual, in a record that contains nothing else, that is given separately, and that the individual may keep whether or not the individual assents to the agreement:

(1) Of the name and business address of the provider;

(2) That plans are not suitable for all individuals and the individual may ask the provider about other ways, including bankruptcy, to deal with indebtedness;

(3) That establishment of a plan may adversely affect the individual's credit rating or credit scores;

(4) That nonpayment of debt may lead creditors to increase finance and other charges or undertake collection activity, including litigation;

(5) Unless it is not true, that the provider may receive compensation from the creditors of the individual; and

(6) That, unless the individual is insolvent, if a creditor settles for less than the full amount of the debt, the plan may result in the creation of taxable income to the individual, even though the individual does not receive any money.

(e) If a provider may receive payments from an individual's creditors

and the plan contemplates that the individual's creditors will reduce finance

charges or fees for late payment, default, or delinquency, the provider may

comply with subsection (d) of this section by providing the following

disclosure, surrounded by black lines:

IMPORTANT INFORMATION FOR YOU TO CONSIDER

(1) Debt-management plans are not right for all individuals, and you may ask

us to provide information about other ways, including bankruptcy, to deal with

your debts.

(2) Using a debt-management plan may hurt your credit rating or credit scores.

(3) We may receive compensation for our services from your creditors.

________________________________________

Name and business address of provider

(f) If a provider will not receive payments from an individual's

creditors and the plan contemplates that the individual's creditors will

reduce finance charges or fees for late payment, default, or delinquency, a

provider may comply with subsection (d) of this section by providing the

following disclosure, surrounded by black lines:

IMPORTANT INFORMATION FOR YOU TO CONSIDER

(1) Debt-management plans are not right for all individuals, and you may ask

us to provide information about other ways, including bankruptcy, to deal with

your debts.

(2) Using a debt-management plan may hurt your credit rating or credit scores.

________________________________________

Name and business address of provider

(g) If a plan contemplates that creditors will settle debts for less

than the full principal amount of debt owed, a provider may comply with

subsection (d) of this section by providing the following disclosure,

surrounded by black lines:

IMPORTANT INFORMATION FOR YOU TO CONSIDER

(1) Our program is not right for all individuals, and you may ask us to

provide information about bankruptcy and other ways to deal with your debts.

(2) Nonpayment of your debts under our program may

ì Hurt your credit rating or credit scores;

ì Lead your creditors to increase finance and other charges; and

ì Lead your creditors to undertake activity, including lawsuits, to collect

the debts.

(3) Reduction of debt under our program may result in taxable income to you,

even though you will not actually receive any money.

________________________________________

Name and business address of provider

6 Del. C. § 2417A

75 Del. Laws, c. 430, § 1.;