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<section article="gfi" article_name="Financial Institutions" number="12-916" title_number="12" title_name="Miscellaneous Institutions and Activities" subtitle_number="9" subtitle_name="Maryland Debt Management Services Act">
  <level label="a">
    <level label="1">
      <text>A licensee may not perform debt management services for a consumer unless:</text>
      <level label="i">
        <level label="1">
          <text>The licensee provides the consumer with a consumer education program;</text>
        </level>
        <level label="2">
          <text>The licensee provides the consumer with a written summary of the counseling options and strategies for addressing the consumer’s debt problems developed under § 12–901(f)(2) of this subtitle; and</text>
        </level>
        <level label="3">
          <text>The consumer signs an acknowledgment stating that the consumer has reviewed the written summary and has decided to proceed with entering into a debt management services agreement with the licensee;</text>
        </level>
      </level>
      <level label="ii">
        <text>The licensee, through a debt management counselor certified by an independent organization, has:</text>
        <level label="1">
          <text>Prepared a financial analysis of and an initial budget plan for the consumer’s debt obligations;</text>
        </level>
        <level label="2">
          <text>Provided a copy of the financial analysis and the initial budget plan to the consumer; and</text>
        </level>
        <level label="3">
          <text>Provided to the consumer, for all creditors identified by the consumer, a list of:</text>
        </level>
        <level label="A">
          <text>The creditors that the licensee reasonably expects to participate in the management of the consumer’s debt under the debt management services agreement; and</text>
        </level>
        <level label="B">
          <text>The creditors that the licensee reasonably expects not to participate in the management of the consumer’s debt under the debt management services agreement;</text>
        </level>
      </level>
      <level label="iii">
        <text>The licensee and the consumer have executed a debt management services agreement that describes the debt management services to be provided by the licensee to the consumer;</text>
      </level>
      <level label="iv">
        <text>The licensee has a reasonable expectation based on the licensee’s past experience that each creditor of the consumer that is listed as a participating creditor in the consumer’s debt management services agreement will accept payment of the consumer’s debts owed to the creditor as provided in the consumer’s debt management services agreement;</text>
      </level>
      <level label="v">
        <text>The licensee has made a determination, based on the licensee’s analysis of the information provided by the consumer and otherwise available to it, that:</text>
        <level label="1">
          <text>The debt management services are suitable for the consumer; and</text>
        </level>
        <level label="2">
          <text>The consumer will be able to meet the payment obligations under the debt management services agreement; and</text>
        </level>
      </level>
      <level label="vi">
        <text>A copy of the completed debt management services agreement has been provided to the consumer.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>A licensee may provide to a consumer the materials required under paragraph (1)(ii) of this subsection using the Internet if:</text>
        <level label="1">
          <text>A debt management counselor of the licensee has reviewed and approved the computer program or application used to create the financial analysis and initial budget plan; and</text>
        </level>
        <level label="2">
          <text>The consumer is:</text>
        </level>
        <level label="A">
          <text>Advised of the availability of counseling; and</text>
        </level>
        <level label="B">
          <text>Afforded the opportunity for counseling and for discussion of the financial analysis and initial budget plan with a debt management counselor at any time.</text>
        </level>
      </level>
      <level label="ii">
        <text>Title 21 of the Commercial Law Article applies to the provision of materials and associated transactions under this paragraph.</text>
      </level>
    </level>
    <level label="3">
      <text>In addition to the requirements under paragraph (1) of this subsection, before providing debt management services for a consumer, a debt management services provider shall provide a written notice to the consumer stating:</text>
      <level label="i">
        <text>That if the consumer elects to file for bankruptcy, the consumer will be required under federal bankruptcy law to receive pre–bankruptcy credit counseling services from a nonprofit credit counseling agency that is approved by the United States Trustee Program;</text>
      </level>
      <level label="ii">
        <text>Whether the debt management services provider is approved by the United States Trustee Program to provide pre–bankruptcy credit counseling services; and</text>
      </level>
      <level label="iii">
        <text>That the consumer should contact a federal bankruptcy court to obtain a list of credit counseling agencies that are approved by the United States Trustee Program.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Each debt management services agreement shall:</text>
    <level label="1">
      <text>Be signed and dated by the licensee and the consumer; and</text>
    </level>
    <level label="2">
      <text>Include, in at least 12 point type:</text>
      <level label="i">
        <text>The name, address, and phone number of the consumer;</text>
      </level>
      <level label="ii">
        <text>The name, address, phone number, and license number of the licensee;</text>
      </level>
      <level label="iii">
        <text>A description of the debt management services to be provided to the consumer and any fees to be charged to the consumer for the debt management services;</text>
      </level>
      <level label="iv">
        <text>A disclosure of the existence of the surety bond required under § 12–914 of this subtitle;</text>
      </level>
      <level label="v">
        <text>The name and address of the financial institution in which funds, paid by the consumer to the licensee for disbursement to the consumer’s creditors, will be held;</text>
      </level>
      <level label="vi">
        <text>A notice of the right of a party to the debt management services agreement to rescind the debt management services agreement at any time by giving written notice of rescission to the other party;</text>
      </level>
      <level label="vii">
        <text>A schedule of payments that the consumer must make to the debt management services provider, including:</text>
        <level label="1">
          <text>The amount of each payment and the date on which each payment is due; and</text>
        </level>
        <level label="2">
          <text>An itemization of the maintenance fees that will be retained by the debt management services provider, and the amount of money that will be paid to the consumer’s creditors, from each payment the consumer makes to the debt management services provider;</text>
        </level>
      </level>
      <level label="viii">
        <text>A list of:</text>
        <level label="1">
          <level label="A">
            <text>Each participating creditor of the consumer to which payments will be made under the debt management services agreement;</text>
          </level>
        </level>
        <level label="B">
          <text>The amount owed to each creditor; and</text>
        </level>
        <level label="C">
          <text>A schedule of payments that the debt management services provider will make to each participating creditor from the consumer’s payments, including the amount of each payment and the date on which each payment will be made; and</text>
        </level>
        <level label="2">
          <text>Each creditor that the licensee reasonably expects not to participate in the management of the consumer’s debt under the debt management services agreement;</text>
        </level>
      </level>
      <level label="ix">
        <text>A disclosure that the licensee also may receive compensation from the consumer’s creditors for providing debt management services to the consumer;</text>
      </level>
      <level label="x">
        <text>A disclosure that the licensee may not, as a condition of entering into a debt management services agreement, require a consumer to purchase for a fee a counseling session, an educational program, or materials and supplies;</text>
      </level>
      <level label="xi">
        <text>A disclosure that the licensee may not require a voluntary contribution from a consumer for any service provided by the licensee to the consumer;</text>
      </level>
      <level label="xii">
        <text>A disclosure that, by executing the debt management services agreement, the consumer authorizes any financial institution in which the licensee has established a trust account for deposit of the consumer’s funds to disclose to the Commissioner any financial records relating to the trust account during the course of any investigation or examination of the licensee by the Commissioner;</text>
      </level>
      <level label="xiii">
        <text>A disclosure that execution of a debt management services agreement may impact the consumer’s credit rating and credit scores; and</text>
      </level>
      <level label="xiv">
        <text>The following notice:</text>
        <text>“The Commissioner of Financial Regulation for the State of Maryland will accept questions and complaints from Maryland residents regarding (name and license number of the debt management services provider) at (address of the Commissioner) phone (toll–free number of the Commissioner). Do not sign this agreement before you read it. You must be given a copy of this agreement.”.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>A debt management services agreement between a consumer and a person that is not a licensee under this subtitle shall be null and void, and all fees paid to the person under the debt management services agreement shall be recoverable by the consumer, together with reasonable attorney’s fees.</text>
  </level>
</section>
