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NC S357

Bill

Status

Introduced

3/25/2021

Primary Sponsor

Todd Johnson

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Establishes a new regulatory framework for consumer legal funding companies in North Carolina, requiring registration with the Commissioner of Insurance and a $1,000 nonrefundable registration fee renewed every three years.

  • Permits registered companies to provide funding up to $500,000 to consumers on contingent legal claims, with charges capped at 18% funding fee plus 3.5% servicing fee upon funding and each 180-day anniversary, plus a $75 document preparation fee.

  • Requires detailed written contracts in plain language with attorney acknowledgements, consumer disclosures on the first two pages, and a five-business-day rescission right allowing consumers to cancel without penalty if they return all funds.

  • Prohibits companies from paying referral fees to attorneys or healthcare providers, making settlement decisions, providing legal advice, reporting consumers to credit agencies if insufficient proceeds remain, and funding claims in pending class actions.

  • Effective October 1, 2021; provides the Commissioner enforcement authority including registration revocation, cease-and-desist orders, civil penalties up to $1,000 per violation or $10,000 for willful violations, and restitution orders.

Legislative Description

Helping Consumers in Crisis Act

Public

Last Action

Re-ref Com On Finance

9/21/2021

Committee Referrals

Finance9/21/2021
Commerce and Insurance9/20/2021
Rules and Operations of the Senate3/29/2021

Full Bill Text

No bill text available