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MI SB0664

Bill

Status

Passed

12/30/2014

Primary Sponsor

Michael Kowall

Click for details

Origin

Senate

97th Legislature

AI Summary

SB 664 Summary

  • Transfers debt management licensing authority from the Department of Commerce to the Department of Insurance and Financial Services and revises regulatory requirements for debt management service providers.

  • Requires debt management licensees to conduct thorough written budget analyses before enrolling debtors and maintain trust accounts with 100% insurance coverage for client funds, with monthly reconciliation requirements.

  • Establishes maximum fees: $50 initial fee plus up to 15% of debt to be liquidated, with a $25 cancellation fee, and provides debtors a 3-business-day cancellation right without penalty.

  • Adds new provisions allowing the director to prohibit individuals convicted of fraud-related felonies from being licensed or employed in debt management, with suspension authority for imminent threats to customers.

  • Requires licensees to obtain at least 51% creditor consent within 90 days and prohibits various unfair practices including charging fees via promissory notes, purchasing debtor obligations, lending money, and making misleading advertisements.

Legislative Description

Consumer credit; debt management; debt management act; make general revisions. Amends title & secs. 2, 4, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 & 26 of 1975 PA 148 (MCL 451.412 et seq.) & adds sec. 8a.

Occupations, business licensing and regulation

Last Action

Assigned Pa 0362'14 With Immediate Effect

12/30/2014

Committee Referrals

Financial Services4/23/2014
Banking & Financial Institutions11/6/2013

Full Bill Text

No bill text available