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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
083
:
DEBT ADJUSTERS
§
2760b. Prohibited activities
(a) No person,
partnership, association, corporation, or other entity, except a licensee, may
make any representation, directly or indirectly, orally or in writing that he,
she, or it is licensed under this chapter.
(b) No licensee
shall advertise its services in any media, whether print or electronic, in any
manner that may be false or deceptive. All such advertisements shall contain
the name and office address of such entity, which shall conform to a name and
address on record with the Department and which shall indicate that the
licensee is licensed by the Department.
(c) No person or
any other entity, other than a licensee, shall use the title "debt
adjuster," "budget planner," "licensed debt adjuster,"
or "licensed budget planner" or the term "debt adjuster,"
"debt reduction," or "budget planning" in any public
advertisement, business card, or letterhead.
(d) No licensee
shall commingle monies received from debtors with any other funds associated
with the operation of its business or with any funds associated with any other
type of business; provided, however, that for the sole purpose of making a
single payment to a creditor, a licensee may commingle monies received from
debtors under contract with one or more of its affiliates authorized to engage
in debt adjustment in another state.
(e) No licensee
shall structure an agreement for the debtor that, at the conclusion of the
agreement, would result in negative amortization of any of the debtor's
obligations to any creditor.
(f) No licensee,
or a director, manager, or officer of such licensee, or any immediate family
member of such individual, or a controlling party of such licensee shall
purchase any obligation of a debtor.
(g) No licensee,
or a director, manager, or officer of such licensee, or any immediate family
member of such individual, or a controlling party of such licensee shall lend
money or provide credit to the debtor.
(h) No licensee,
or a director, manager, or officer of such licensee, or any immediate family member
of such individual, or a controlling party of such licensee shall obtain a
mortgage or other security interest in property of the debtor.
(i) No licensee
shall operate as a person or entity seeking payment of obligations on behalf of
any creditors that are not receiving payments pursuant to a contract between a
debtor and a licensee.
(j) No licensee
shall execute any contract or agreement to be signed by the debtor unless the
contract or agreement is fully completed, and the duration of any such contract
shall be in conformance with any limitations specified pursuant to regulations
of the Commissioner.
(k) No licensee
shall pay any bonus or other consideration to any person or entity for the
referral of a debtor to its business, or accept or receive any bonus,
commission, or other consideration for referring any debtor to any person or
entity for any reason; provided, however, that nothing herein shall prohibit
the payment of rebates from creditors to licensees.
( l) No licensee
shall disclose or threaten to disclose information concerning the existence of
a debt or any other conduct which could coerce payment of the debt of a debtor
with whom it has a contract.
(m) No licensee
shall use a communication that simulates in any manner a legal or judicial process,
or which gives the false appearance of being authorized, issued, or approved by
a government, a governmental agency, or an attorney-at-law.
(n) No licensee,
or a director, a manager, or an officer of such licensee, or any immediate
family member of such individual, or a controlling party of such licensee,
shall be a director, a manager, an officer, an owner, or a controlling party of
any creditor or a subsidiary of any such creditor, that is receiving or will
receive payments from the licensee on behalf of a debtor with whom the licensee
has contracted, without the express written consent of the Commissioner. (Added
2003, No. 81 (Adj. Sess.), § 1; amended 2009, No. 137 (Adj. Sess.), § 3.)