§480E-9.5 Recordkeeping and compliance requirements. (a) Any distressed property consultant shall keep, for a period of twenty-four months from the date the record is created, the following records:
(1) All contracts or other agreements between the distressed property consultant and any consumer for any mortgage assistance relief service;
(2) Copies of all written communications between the distressed property consultant and the distressed property owner or owners occurring prior to the date on which the property owner or owners entered into an agreement with the distressed property consultant for any mortgage assistance relief service;
(3) Copies of all documents or telephone recordings created in connection with compliance with subsection (b);
(4) All files containing the distressed property owner's or owners' names and phone numbers, dollar amounts paid, and descriptions of mortgage assistance relief services purchased, to the extent the distressed property consultant keeps such information in the ordinary course of business;
(5) Copies of all materially different sales scripts, training materials, commercial communications, or other marketing materials, including websites and weblogs, for any mortgage assistance relief service; and
(6) Copies of the documentation provided to the consumer as specified in section 480E-3.
(b) A distressed property consultant shall also:
(1) Take reasonable steps sufficient to monitor and ensure that all employees and independent contractors comply with this chapter. Such steps shall include the monitoring of communications directed at specific consumers and shall also include, at a minimum, the following:
(A) If the distressed property consultant is engaged in the telemarketing of mortgage assistance relief services, performing random, blind recording and testing of the oral representations made by individuals engaged in sales or other customer service functions;
(B) Establishing a procedure for receiving and responding to any and all complaints regarding or relating to the distressed property consultant or mortgage assistance relief service, or both; and
(C) Ascertaining the number and nature of any complaints regarding transactions in which any employee or independent contractor, or both, is involved;
(2) Investigate promptly and fully each consumer complaint received;
(3) Take corrective action with respect to any employee or independent contractor whom the distressed property consultant determines is not complying with this chapter, which action may include training, disciplining, or terminating the individual; and
(4) Maintain any information and material necessary to demonstrate the distressed property consultant's compliance with this subsection.
(c) A distressed property consultant may keep the records required by this section in any form, and in the same manner, format, or place as it keeps such records in the ordinary course of business. [L 2016, c 142, pt of §1]