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<section article="gfi" article_name="Financial Institutions" number="12-1010" title_number="12" title_name="Miscellaneous Institutions and Activities" subtitle_number="10" subtitle_name="Maryland Debt Settlement Services Act">
  <level label="a">
    <text>Except as allowed under this subtitle, a registrant may not offer, provide, or attempt to provide debt settlement services in the State.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A registrant may charge a consumer a debt settlement services fee as provided under this section.</text>
    </level>
    <level label="2">
      <text>A registrant may not:</text>
      <level label="i">
        <text>Charge a consumer a fee for consultation or for obtaining a consumer’s credit report; or</text>
      </level>
      <level label="ii">
        <text>Require a voluntary contribution from a consumer for any service provided by the registrant.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>Except as provided under subsection (d) of this section, a registrant may not charge a consumer a debt settlement services fee until after:</text>
    <level label="1">
      <text>A debt settlement services agreement has been executed between the registrant and the consumer;</text>
    </level>
    <level label="2">
      <text>The registrant has renegotiated, settled, reduced, or otherwise altered the terms of at least one individual debt specified in the debt settlement services agreement; and</text>
    </level>
    <level label="3">
      <text>The consumer has made at least one payment in accordance with the debt settlement services agreement.</text>
    </level>
  </level>
  <level label="d">
    <text>Subsection (c) of this section does not prohibit a registrant from requesting or requiring a consumer to deposit funds in an account to be used for debt settlement services fees and for payments to creditors or debt collectors in connection with a debt settlement services agreement, provided that:</text>
    <level label="1">
      <text>The funds are held in an account at an insured financial institution, as defined in § 1–101 of this article;</text>
    </level>
    <level label="2">
      <text>The consumer owns the funds held in the account, including any accrued interest;</text>
    </level>
    <level label="3">
      <text>The financial institution or entity administering the account is not owned or controlled by, or in any way affiliated with, the registrant;</text>
    </level>
    <level label="4">
      <text>The financial institution or entity administering the account does not pay or accept any money or other compensation in exchange for referrals of business involving the registrant, but may charge account related fees; and</text>
    </level>
    <level label="5">
      <text>If the consumer requests to withdraw from the debt settlement services agreement, within 7 days after the consumer’s request, all funds in the account, including accrued interest, less any debt settlement services fees earned by the registrant in compliance with this section, are paid to the consumer.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, for each individual debt, a debt settlement services fee shall:</text>
      <level label="i">
        <text>Bear the same proportional relationship to the debt settlement services fee for settling the total debt as the individual debt amount bears to the total debt; or</text>
      </level>
      <level label="ii">
        <text>Be calculated as a percentage of the amount by which the principal amount of the debt exceeds the amount paid to the creditor or debt collector to settle the debt.</text>
      </level>
    </level>
    <level label="2">
      <text>The percentage charged under paragraph (1)(ii) of this subsection shall be the same for each individual debt.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>A registrant shall allow a consumer to withdraw from a debt settlement services agreement at any time.</text>
    </level>
    <level label="2">
      <text>If a consumer withdraws from the debt settlement services agreement, the registrant:</text>
      <level label="i">
        <text>May not charge the consumer a penalty; and</text>
      </level>
      <level label="ii">
        <text>May collect debt settlement services fees earned by the registrant in compliance with this section.</text>
      </level>
    </level>
  </level>
</section>
