Section 676A.520 - Duties of provider before providing debt-management services1. 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: (a) Free of additional charge if the individual enters into an agreement;(b) For a charge if the individual does not enter into an agreement; and(c) For a charge if the individual enters into an agreement, 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 |
2. A provider may not furnish debt-management services unless the provider, through the services of a certified counselor or certified debt specialist:(a) Provides the individual with reasonable education about the management of personal finance;(b) Has prepared a financial analysis; and(c) If the provider will develop and implement a debt-management plan and the individual is to make regular, periodic payments:(1) Has prepared a plan for the individual;(2) Has made a determination, based on the provider's analysis of the information provided by the individual and otherwise available to the provider, that the plan is suitable for the individual and the individual will be able to meet the payment obligations under the plan; and(3) 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.3. Before an individual assents to an agreement, a provider shall:(a) Provide the individual with a copy of the analysis and plan required by subsection 2 in a record which identifies the provider and which the individual may keep whether or not the individual assents to the agreement;(b) 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 2; and(c) If the agreement contemplates that the provider will develop and implement a debt-management plan and 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: (1) Creditors that the provider expects to participate in the plan and grant concessions;(2) Creditors that the provider expects to participate in the plan but not grant concessions;(3) Creditors that the provider expects not to participate in the plan; and4. Before an individual assents to an agreement, the provider shall inform the individual in a separate record which the individual may keep:(a) Of the name and business address of the provider;(b) That plans are not suitable for all individuals and the individual may ask the provider about other ways, including, without limitation, bankruptcy, to deal with indebtedness;(c) That establishment of a plan may adversely affect the individual's credit rating or credit scores;(d) That nonpayment of debt may lead creditors to increase finance and other charges or undertake collection activity, including, without limitation, litigation;(e) Unless it is not true, that the provider may receive compensation from the creditors of the individual; and(f) 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.5. If a provider may receive payments from an individual's creditors and the plan contemplates that the provider will develop and implement a debt-management plan, the provider may comply with subsection 4 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 make it harder for you to obtain credit.(3) We may receive compensation for our services from your creditors. ______________________________________
Name and business address of provider
6. If a provider will not receive payments from an individual's creditors and the plan contemplates that the provider will develop and implement a debt-management plan, a provider may comply with subsection 4 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 make it harder for you to obtain credit. ______________________________________
Name and business address of provider
7. If an agreement contemplates that a provider will provide debt settlement services, the provider may comply with subsection 4 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: Hurt your credit rating or credit scores;
Lead your creditors to increase finance and other charges; and
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
Added to NRS by 2009, 1980Added to NRS by 2009, 1980