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This entry was published on 2014-09-22
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SECTION 584-A
Contracts with debtors; fees
Banking (BNK) CHAPTER 2, ARTICLE 12-C
§ 584-a. Contracts with debtors; fees. Each licensee shall submit to
the department any form of written contract it intends to use between
itself and such debtor. Such form contract shall, at minimum, make
provision for the following information:

1. a complete list of the debtor's obligations to be adjusted,
including the name of each creditor;

2. the total fees agreed to for such services, including any
adjustments for estimated available rebates from creditors, provided
that nothing in this subdivision shall require a licensee to share
rebates with its clients;

3. the commencement and termination date of the contract;

4. a pro forma statement of the total fees to be charged, including
expected available rebates from creditors, expressed as a percentage of
the total obligations, principal and interest to be adjusted under such
contract;

5. settlement terms in case of cancellation of the contract or
prepayment of the obligations;

6. a notice to the debtor that the debtor may cancel the contract
until midnight of the third business day after the day on which the
debtor has signed the contract; and

7. the terms under which the payments may be made by the debtor. Upon
execution, a copy of such contract shall be immediately furnished to the
debtor. Such contract may subsequently be amended to include additional
creditors and debtors obligations.