Operation of Credit Repair Services Organization

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Forgery and Fraudulent Practices
  5. Fraud and Related Offenses
  6. Operation of Credit Repair Services Organization

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  1. As used in this Code section, the term:
    1. "Buyer" means any individual who is solicited to purchase or who purchases the services of a credit repair services organization.
      1. "Credit repair services organization" means any person who, with respect to the extension of credit to a buyer by others, sells, provides, or performs, or represents that he can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
        1. Improving a buyer's credit record, history, or rating;
        2. Obtaining an extension of credit for a buyer;
        3. Providing advice or assistance to a buyer with regard to either division (i) or (ii) of this subparagraph.
      2. "Credit repair services organization" does not include:
        1. Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States;
        2. Any bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation;
        3. Any nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986;
        4. Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license;
        5. Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney;
        6. Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting within the course and scope of those regulatory agencies; or
        7. Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. 1681-1681t).
    3. "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.
  2. A person commits the offense of operating a credit repair services organization when he or she owns, operates, or is affiliated with a credit repair services organization.
  3. Any person who commits the offense of operating a credit repair services organization shall be guilty of a misdemeanor.

(Code 1981, §16-9-59, enacted by Ga. L. 1987, p. 1413, § 1; Ga. L. 1988, p. 13, § 16.)

Cross references.

- Debt adjustment, § 18-5-1 et seq.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, in division (a)(2)(B)(ii), "Savings Association Insurance Fund of the Federal Deposit Insurance Corporation" was substituted for "Federal Savings and Loan Insurance Corporation".

Law reviews.

- For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprintable offense.

- Operation of a credit repair services organization is an offense for which those charged with a violation are to be fingerprinted. 1987 Op. Att'y Gen. No. 87-21.

Organizations exempt from taxation under § 501(3)(c) of the Internal Revenue Code, although exempt from O.C.G.A. § 16-9-59, are prohibited from engaging in activities proscribed by the debt adjustment law, O.C.G.A. § 18-5-1 et seq. 1997 Op. Att'y Gen. No. U97-6.


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