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MN HF694

Bill

Status

Passed

5/24/2013

Primary Sponsor

John Lesch

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Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Clarifies that attorneys at law are exempt from debt management and debt settlement regulation only if their exclusive or principal practice does not involve providing such services and they have no business relationships involving these services.

  • Modifies debt settlement fee structure to allow providers to choose between charging a percentage of debt (maximum 15 percent) or percentage of savings (maximum 30 percent of actual savings negotiated).

  • Removes previous fee caps for percentage-of-debt calculations (origination, monthly, and settlement fees) and replaces them with a single cap based on chosen fee structure.

  • Requires debt settlement services agreements to be written in the debtor's primary language if the provider advertises in that language, or in the language in which the agreement was negotiated.

  • Prohibits debt settlement service providers from collecting any fees until they have fully performed all services in the agreement, with fees based proportionally on individual debts settled when multiple debts are involved.

Legislative Description

Debt management and settlement; attorneys at law exemption clarified, and debt settlement services regulation modified.

Last Action

Secretary of State Chapter 91

5/24/2013

Committee Referrals

Rules and Administration5/10/2013
Commerce and Consumer Protection Finance and Policy2/18/2013

Full Bill Text

No bill text available