Fees and other charges - rules

5-19-223. Fees and other charges - rules. (a) A provider may not impose directly or indirectly a fee or other charge on an individual or receive money from or on behalf of an individual for debt-management services except as permitted by this section. (b) A provider may not impose charges or receive payment for debt-management services until the provider and the individual have signed an agreement that complies with sections 5-19-219 and 5-19-228. (c) If an individual assents to an agreement, a provider may not impose a fee or other charge for educational or counseling services, or the like, except as otherwise provided in this subsection (c) and section 5-19-228 (d). The administrator may authorize a provider to charge a fee based on the nature and extent of the educational or counseling services furnished by the provider. (d) The following rules apply: (1) If an individual assents to a plan that contemplates that creditors will reduce finance charges or fees for late payment, default, or delinquency, the provider may charge: (A) A fee not exceeding fifty dollars for consultation, obtaining a credit report, and setting up an account; and (B) A monthly service fee, not to exceed ten dollars times the number of creditors remaining in a plan at the time the fee is assessed, but not more than fifty dollars in any month. (2) If an individual assents to a plan that contemplates that creditors or debt collectors will settle debts for less than the principal amount of the debt: (A) A provider may not request or receive payment of any fee or consideration until and unless: (i) The provider has settled the terms of at least one debt pursuant to a settlement agreement or other valid contractual agreement executed by the individual; (ii) The individual has made at least one payment pursuant to that settlement agreement or other valid contractual agreement between the individual and the creditor or debt collector; and (iii) The fee or other charge complies with rules that the administrator adopts pursuant to subsection (d)(2)(C) of this section. (B) Notwithstanding subsection (d)(2)(A) of this section, no individual who completes all of his or her obligations under the agreement may be charged fees such that those fees, when added to the aggregate of offers of settlement obtained by the provider for the debtor, exceeds the principal amount of the debt. (C) The administrator may adopt rules regarding the fee or charge authorized pursuant to subsection (d)(2)(A)(iii) of this section by March 1, 2025. The rules must not unduly limit consumer access to debt management services programs based on available state and national data. (3) A provider may not impose or receive fees under both subsection (d)(1) and (d)(2) of this section. (4) Repealed. (e) Repealed. (f) If a payment to a provider by an individual under this part 2 is dishonored, a provider may impose a reasonable charge on the individual, not to exceed the lesser of twenty-five dollars and the amount permitted by law other than this part 2. Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1158, � 4, effective August 9. L. 2024: (d)(2)(C) added, (HB 24-1380), ch. 463, p. 3222, � 5, effective August 7; (d)(2)(A)(iii) amended (HB 24-1380), ch. 463, p. 3222, � 5, effective March 1, 2025; (d)(4)(B) and (e)(2) added by revision, (HB 24-1380), ch. 463, pp. 3222, 3223, �� 5, 6. Editor's note: (1) This section is similar to former � 12-14.5-223 as it existed prior to 2017. (2) Subsection (d)(4)(B) provided for the repeal of subsection (d)(4), effective March 1, 2025. (See L. 2024, pp. 3222, 3223.) (3) Subsection (e)(2) provided for the repeal of subsection (e), effective March 1, 2025. (See L. 2024, pp. 3222, 3223.)