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This entry was published on 2020-10-02
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SECTION 702
Prohibitions
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 7
§ 702. Prohibitions. A student debt consultant is prohibited from
doing the following:

(a) performing student debt consulting services without a legal
written, fully-executed contract with a borrower that comports with the
provisions of this article;

(b) charging for or accepting any payment for student debt consulting
services before the full completion of all such services, including a
payment to be placed in escrow or any other account pending the
completion of such services;

(c) taking a power of attorney from a borrower;

(d) retaining any original loan document or other original document
related to a borrower's student loan;

(e) requesting that a borrower provide his or her FSA ID to the
consultant, or accepting a borrower's FSA ID;

(f) stating or implying that a borrower will not be able to obtain
relief on their own;

(g) misrepresenting, expressly or by implication, that:

(1) the consultant is a part of, affiliated with, or endorsed or
sponsored by the government, government loan programs, the United States
department of education, or borrowers' student loan servicers; or

(2) some or all of a borrower's payments to the consultant will be
applied towards the borrower's student loans.

(h) inducing or attempting to induce a student debtor to enter a
contract that does not fully comply with the provisions of this article;
or

(i) engaging in any unfair, deceptive, or abusive act or practice.