Exempt Agreements and Persons

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This part does not apply to:

  1. An agreement with an individual whom the provider has no reason to know resides in this state at the time of the agreement;
  2. A provider to the extent that the provider:
    1. Provides or agrees to provide debt-management, educational or counseling services to an individual whom the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or
    2. Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors; or
  3. The following persons or their employees when the person 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 administrative agency or an assignee for the benefit of creditors;
    2. A bank;
    3. An affiliate, as defined in § 47-18-5502, of a bank if the affiliate is regulated by a federal or state banking regulatory authority;
    4. Any person who is engaged in the credit services business as defined in § 47-18-1002 but is not engaged in the business of debt counseling, debt management or debt settlement as defined by this part; provided, that the person is registered as a credit services business with the administrator; or
    5. A title insurer, escrow company or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.


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