Loading chat...
IN HB1137
Bill
Status
1/7/2019
Primary Sponsor
Charles Burton
Click for details
AI Summary
- Amends Indiana's definition of "credit services organization" to align with the federal Credit Repair Organizations Act, narrowing it to services for improving a consumer's credit record, credit history, or credit rating
- Repeals the separate definition of "debt settlement services" from the credit services organization statute and relocates it to the debt management companies statute (IC 28-1-29)
- Adds new exemptions from the credit services organization definition for depository institutions, federal/state credit unions and their affiliates, and creditors assisting their own customers with debt restructuring
- Makes it a deceptive act for a credit services organization to fail to disclose its contact information on all communications to consumers, data furnishers, creditors, and credit reporting agencies
- Allows any person receiving a communication without required contact information to recover the greater of twice actual damages or $1,000 plus attorney's fees, effective July 1, 2019
Legislative Description
Credit services organizations. Amends the definition of "credit services organization" for purposes of the Indiana statute governing credit services organizations to more closely align the definition with the definition of "credit repair organization" set forth in the federal Credit Repair Organizations Act. Makes conforming amendments by: (1) amending the definition of "buyer" in the Indiana statute; (2) repealing the definition of "debt settlement services" from the statute; and (3) amending a definitions section in the statute governing debt management companies. Provides that it is a deceptive act for a credit services organization to fail to disclose the credit service organization's contact information on all communications to consumers, data furnishers, creditors, and credit reporting agencies. Specifies that a person that receives a communication from a credit services organization that does not include the credit services organization's contact information may bring a cause of action to recover damages under the statute.
Last Action
Second reading: ordered engrossed
2/21/2019