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CT HB05409
Bill
Status
3/2/2010
Primary Sponsor
Banks Committee
Click for details
AI Summary
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Establishes licensing requirements for debt settlement providers operating in Connecticut, requiring applicants to file with the Banking Commissioner and pay a $1,600 application fee, with licenses expiring on September 30 of odd-numbered years.
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Requires debt settlement providers to obtain surety bonds (up to $40,000 or twice monthly payments received), irrevocable letters of credit, or $250,000 insurance policies to protect consumers.
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Imposes strict fee caps: initial setup fees capped at the lesser of $400 or 4% of total debt, plus $10 monthly per creditor, with total aggregate fees not exceeding 17-20% of principal debt depending on fee structure.
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Mandates comprehensive disclosures to debtors before service agreements, including written financial analysis, explanation of risks (credit rating impact, tax consequences, litigation risks), and confirmation that provider cannot guarantee specific results.
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Prohibits numerous deceptive practices including settling debts for more than 50% without creditor assent, making false representations, lending money to debtors, operating as collection agents simultaneously, and falsely claiming nonprofit status.
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Establishes criminal penalties of up to $1,000 fine and one year imprisonment for operating without a license, with enhanced penalties for subsequent violations.
Legislative Description
An Act Concerning Debt Settlement Services.
Last Action
Referred by House to Committee on Judiciary
4/7/2010