Exempt agreements and persons.

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(a) This part 2 does not apply to an agreement with an individual who the provider has no reason to know resides in this state at the time of the agreement.

(b) This part 2 does not apply to a provider to the extent that the provider:

  1. Provides or agrees to provide debt-management, educational, or counseling servicesto an individual who the provider has no reason to know resides in this state at the time the provider agrees to provide the services;

  2. Receives no compensation for debt-management services from or on behalf of theindividuals to whom it provides the services or from their creditors;

  3. Provides debt-management services only to persons that have incurred debt in theconduct of business; or

  4. Is subject to the "Colorado Foreclosure Protection Act", part 11 of article 1 of title 6.

  1. This part 2 does not apply to the following persons or their employees when theperson or the employee is engaged in the regular course of the person's business or profession:

  1. A judicial officer, a person acting under an order of a court or an administrativeagency, or an assignee for the benefit of creditors;

  2. A bank;

  3. An affiliate, as defined in section 5-19-202 (2)(B)(i), of a bank if the affiliate isregulated by a federal or state banking regulatory authority; or

  4. A title insurer, escrow company, or other person that provides bill-paying services ifthe provision of debt-management services is incidental to the bill-paying services.

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1140, § 4, effective August 9.

Editor's note: This section is similar to former § 12-14.5-203 as it existed prior to 2017.


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