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This entry was published on 2020-10-02
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SECTION 703
Disclosure requirements
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 7
§ 703. Disclosure requirements. (a) A student debt consultant shall
clearly and conspicuously disclose in all advertisements:

(1) the actual services the consultant provides to borrowers;

(2) that borrowers may apply for consolidation loans from the United
States department of education at no cost, including providing a direct
link in all online advertising and contact information in all print
advertising to the application materials for a Direct Consolidation Loan
from the United States department of education;

(3) that consolidation or other services offered by the consultant may
not be the best or only option for borrowers;

(4) that alternative federal student loan repayment plans, including
income-based programs, that do not require consolidating existing
federal student loans may be available; and

(5) that borrowers should consider consulting their student loan
servicer before signing any legal document concerning a student loan.

(b) The disclosures required by subsection (a) of this section, if
disseminated through print media or the internet, shall be clearly and
legibly printed or displayed in not less than twelve-point bold type,
or, if the advertisement is printed to be displayed in print that is
smaller than twelve point, in bold type print that is no smaller than
the print in which the text of the advertisement is printed or
displayed.

(c) The provisions of this section shall apply to all consultants who
disseminate advertisements in the state of New York or who intend to
directly or indirectly contact a borrower who has a student loan and is
a resident of or a student in New York state. Consultants shall
establish and at all times maintain control over the content, form and
method of dissemination of all advertisements of their services.
Further, all advertisements shall be sufficiently complete and clear to
avoid the possibility to mislead or deceive.