(a) An agreement shall:
Be in a record;
Be dated and signed by the provider and the individual;
Include the name of the individual and the address where the individual resides;
Include the name, business address, and telephone number of the provider;
Be delivered to the individual immediately upon formation of the agreement; and
Disclose:
The services to be provided;
In a clear and conspicuous manner, the amount, percentage, or method of determining the amount, of all fees, individually itemized, to be paid by the individual, using only the terminology contained in section 5-19-223;
The schedule of payments to be made by or on behalf of the individual, including theamount of each payment, the date on which each payment is due, an estimate of the date of the final payment, and an estimate of the total of all payments to be made under the plan; (D) In a clear and conspicuous manner, the following information:
The amount of time necessary to achieve the represented results;
If the plan includes a settlement offer to any of the individual's creditors or debtcollectors, the time by which the provider will make a bona fide settlement offer to each of them and the amount of money or the percentage of each outstanding debt that the individual must accumulate before the provider will make a bona fide settlement offer to each of them; and
If the provider requests or requires the individual to place funds in an account at aninsured financial institution, that the individual owns the funds held in the account, the individual may withdraw from the plan at any time without penalty, and, if the individual withdraws, the individual must receive all funds in the account, other than funds earned by the provider in compliance with section 5-19-222 (h);
(E) If a plan provides for regular periodic payments to creditors:
Each creditor of the individual to which payment will be made, the amount owed toeach creditor, and any concessions the provider reasonably believes each creditor will offer; and
The schedule of expected payments to each creditor, including the amount of eachpayment and the date on which it will be made;
If the provider holds money on behalf of the individual, each creditor that the provider believes will not participate in the plan and to which the provider will not direct payment;
How the provider will comply with its obligations under section 5-19-227 (a);
If the provider holds money on behalf of the individual, that the provider may terminate the agreement for good cause, upon return of unexpended money of the individual;
That the individual may cancel the agreement as provided in section 5-19-220;
That the individual may contact the administrator with any questions or complaintsregarding the provider; and
The address, telephone number, and internet address or website of the administrator.
For purposes of subsection (a)(5) of this section, delivery of an electronic recordoccurs when it is made available in a format in which the individual may retrieve, save, and print it, and the individual is notified that it is available.
If the administrator supplies the provider with any information required under subsection (a)(6)(K) of this section, the provider may comply with that requirement only by disclosing the information supplied by the administrator.
An agreement shall provide that:
(1) The individual has a right to terminate the agreement at any time, without penalty or obligation, by giving the provider written or electronic notice, in which event:
The provider will refund all unexpended money that the provider or its agent hasreceived from or on behalf of the individual for the reduction or satisfaction of the individual's debt; and
All powers of attorney granted by the individual to the provider are revoked andineffective;
The individual authorizes any bank in which the provider or its agent has establisheda trust account to disclose to the administrator any financial records relating to the trust account; and
The provider will notify the individual within five days after learning of a creditor'sdecision to reject or withdraw from a plan and that this notice will include:
The identity of the creditor; and
The right of the individual to modify or terminate the agreement.
(e) An agreement may not:
Provide for application of the law of any jurisdiction other than the United States andthis state;
Except as permitted by the uniform arbitration act, part 2 of article 22 of title 13,contain a provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury, that are generally available to the individual under law other than this part 2;
Contain a provision that restricts the individual's remedies under this part 2 or lawother than this part 2; or
Contain a provision that:
Limits or releases the liability of any person for not performing the agreement or forviolating this part 2; or
Indemnifies any person for liability arising under the agreement or this part 2.
(f) All rights and obligations specified in subsection (d) of this section and section 5-19220 exist even if not provided in the agreement. A provision in an agreement that violates subsection (d), (e), or (f) of this section is void.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1153, § 4, effective August 9.
Editor's note: This section is similar to former § 12-14.5-219 as it existed prior to 2017.