47-18-5517 - Prerequisites for providing debt-management services. [Effective July 1, 2010.] - Tennessee Statutes

47-18-5517. Prerequisites for providing debt-management services. [Effective July 1, 2010.]

(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 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, using the following terminology, as applicable, and format:

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

     (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 to a creditor or provider:

          (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; and

          (C)  Believes that each creditor of the individual listed as a participating creditor in the plan will accept 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) 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); and

     (3)  If a plan contemplates that creditors will reduce finance charges or fees for late payment, default or delinquency, or if the provider's business practices involve holding, accessing or directing the funds of an individual, with respect to all creditors identified by the individual or otherwise known by the provider to be creditors of the individual, provide the individual with a list of:

          (A)  Creditors that the provider expects to participate in the plan and grant concessions;

          (B)  Creditors that the provider expects to participate in the plan but not grant concessions;

          (C)  Creditors that the provider expects not to participate in the plan; and

          (D)  All other creditors.

(d)  Before an individual assents to an agreement, the provider shall inform the individual, in a separate record 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) by providing the following disclosure, surrounded by black lines:

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(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) by providing the following disclosure, surrounded by black lines:

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(g)  If an agreement contemplates that creditors will settle debts for less than the full principal amount of debt owed, a provider may comply with subsection (d) by providing the following disclosure, surrounded by black lines:

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[Acts 2009, ch. 469, § 1.]