reglab/housing_qa huggingface dataset:
UT Code § 13-42-112 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 112 - Registration in another state -- Rulemaking.

13-42-112. Registration in another state -- Rulemaking.    (1)   (a) Subject to rules made by the administrator, if a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application in the form prescribed by Subsection 13-42-105(1), Section 13-42-106, or Subsection 13-42-111(2).     (b) The administrator shall accept the application and the license or certificate from the other state as an application for registration as a provider or for renewal of registration as a provider, as appropriate, in this state if:   (i) the application in the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state;     (ii) the applicant provides the information required by Subsections 13-42-105(2)(d) and 13-42-106(1), (3), (7), (10), (12), and (13);     (iii) the applicant, under penalty of perjury, certifies that the information contained in the application is current or, to the extent it is not current, supplements the application to make the information current; and     (iv) the applicant files a surety bond or substitute in accordance with Section 13-42-113 or 13-42-114 that is solely payable or available to this state and to individuals who reside in this state.         (2) The administrator, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall make rules designating the states in which a provider may have a license or certificate that may be submitted to the administrator in compliance with this section.    Amended by Chapter 152, 2012 General Session
UT Code § 13-42-113 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 113 - Bond required.

13-42-113. Bond required.    (1) Except as otherwise provided in Section 13-42-114, a provider that is required to be registered under this chapter shall file a surety bond with the administrator, which shall:   (a) be in effect during the period of registration and for two years after the provider ceases providing debt-management services to individuals in this state; and     (b) run to this state for the benefit of this state and of individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear.       (2) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), a surety bond filed pursuant to Subsection (1) shall:   (a) be in the amount of $100,000;     (b) be issued by a bonding, surety, or insurance company authorized to do business in this state and rated at least A- by a nationally recognized rating organization; and     (c) have payment conditioned on noncompliance of the provider or its agent with this chapter.       (3) If the principal amount of a surety bond is reduced by payment of a claim or a judgment, the provider shall immediately notify the administrator and, no later than 30 days after notice by the administrator, file a new or additional surety bond in an amount to comply with the $100,000 requirement. If for any reason a surety terminates a bond, the provider shall immediately file a new surety bond in the amount of $100,000.     (4) The administrator or an individual may obtain satisfaction out of the surety bond procured pursuant to this section if:   (a) the administrator assesses expenses under Subsection 13-42-132(2)(a), issues a final order under Subsection 13-42-133(1)(b), or recovers a final judgment under Subsection 13-42-133(1)(d) or (e) or Subsection 13-42-133(4); or     (b) an individual recovers a final judgment pursuant to Subsection 13-42-135(1), Subsection 13-42-135(2), or Subsection 13-42-135(3)(a), (b), or (d).       (5) If claims against a surety bond exceed or are reasonably expected to exceed the amount of the bond, the administrator, on the initiative of the administrator or on petition of the surety, shall, unless the proceeds are adequate to pay all costs, judgments, and claims, distribute the proceeds in the following order:   (a) to satisfaction of a final order or judgment under Subsection 13-42-133(1)(a), (d), or (e) or Subsection 13-42-133(4);     (b) to final judgments recovered by individuals pursuant to Subsection 13-42-135(1), Subsection 13-42-135(2), or Subsection 13-42-135(3)(a), (b) or (d), pro rata;     (c) to claims of individuals established to the satisfaction of the administrator, pro rata; and     (d) if a final order or judgment is issued under Subsection 13-42-133(1), to the expenses charged pursuant to Subsection 13-42-132(2)(a).      Amended by Chapter 152, 2012 General Session
UT Code § 13-42-114 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 114 - Bond required -- Substitute.

13-42-114. Bond required -- Substitute.    (1) Instead of the surety bond required by Section 13-42-113, a provider, with the approval of the administrator and in the amount required by Subsection (2), may deliver to the administrator:   (a) an irrevocable letter of credit, issued or confirmed by a bank approved by the administrator, payable on presentation of a certificate by the administrator stating that the provider or its agent has not complied with this chapter; or     (b) bonds or other obligations of the United States or guaranteed by the United States or bonds or other obligations of this state or a political subdivision of this state, to be:   (i) deposited and maintained with a bank approved by the administrator for this purpose; and     (ii) delivered by the bank to the administrator on presentation of a certificate by the administrator stating that the provider or its agent has not complied with this chapter.         (2) If a provider furnishes a substitute pursuant to Subsection (1), Subsections 13-42-113(1), (3), (4), and (5) apply to the substitute.    Amended by Chapter 152, 2012 General Session
UT Code § 13-42-115 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 115 - Requirement of good faith.

13-42-115. Requirement of good faith.  A provider shall act in good faith in all matters under this chapter.  Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-116 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 116 - Customer service.

13-42-116. Customer service.  A provider that is required to be registered under this chapter shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor or customer service representative, as appropriate, during ordinary business hours.  Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-120 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 120 - Termination of agreement.

13-42-120. Termination of agreement.    (1) An individual who is a party to an agreement may terminate the agreement at any time, without penalty or obligation, by giving the provider notice in a record.     (2) A provider may terminate an agreement if an individual who is a party to the agreement fails for 60 days to make a payment or deposit required by the agreement or if other good cause exists.     (3) If an agreement is terminated:   (a) the provider, no later than seven business days after the termination, shall pay the individual who is a party to the agreement all money the provider or its designee received from or on behalf of the individual, other than:   (i) an amount properly disbursed to a creditor; and     (ii) fees earned pursuant to Section 13-42-123; and       (b) any power of attorney granted by the individual to the provider is revoked.      Repealed and Re-enacted by Chapter 152, 2012 General Session
UT Code § 13-42-121 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 121 - Required language.

13-42-121. Required language.  Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this chapter shall be in English. If a provider communicates with an individual primarily in a language other than English, the provider shall furnish a translation in the other language of the disclosures and documents required by this chapter.  Amended by Chapter 152, 2012 General Session
UT Code § 13-42-124 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 124 - Voluntary contributions.

13-42-124. Voluntary contributions.  A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until 30 days after completion or termination of a plan, the aggregate amount of money received from or on behalf of the individual may not exceed the total amount the provider may charge the individual under Section 13-42-123.  Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-125 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 125 - Voidable agreements.

13-42-125. Voidable agreements.    (1) If a provider imposes a fee or other charge or receives money or other payments not authorized by Section 13-42-123 or 13-42-124, the individual may void the agreement and recover as provided in Section 13-42-135.     (2) If a provider is not registered as required by this chapter when an individual assents to an agreement, the agreement is voidable by the individual.     (3) If an individual voids an agreement under Subsection (2), the provider does not have a claim against the individual for breach of contract or for restitution.    Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-126 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 126 - Retention of records.

13-42-126. Retention of records.    (1) For each individual for whom a provider provides debt-management services, the provider shall maintain records for five years after the final payment made by the individual.     (2) The provider shall produce a copy of the records to the individual within a reasonable time after a request for the records.     (3) The provider may use electronic or other means of storage of the records.    Repealed and Re-enacted by Chapter 152, 2012 General Session
UT Code § 13-42-127 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 127 - Periodic reports and retention of records.

13-42-127. Periodic reports and retention of records.    (1) A provider shall provide the accounting required by Subsection (2):   (a) on cancellation or termination of an agreement; and     (b) before cancellation or termination of any agreement:   (i) at least once each month; and     (ii) no later than five business days after a request by an individual, but the provider need not comply with more than one request in any calendar month.         (2) A provider, in a record, shall provide each individual for whom it has established a plan an accounting of the following information:   (a) the amount in an account containing money paid by or on behalf of the individual for fees or distribution to a creditor, or both, as of the date one month before the date of the accounting;     (b) the amount paid into the account since the last report;     (c) the amounts and dates of disbursement made on the individual's behalf, or by the individual on the direction of the provider, since the last report to each creditor listed in the plan;     (d) the amounts deducted, as fees or otherwise, from the amount paid into the account since the last report;     (e) if, since the last report, a creditor has agreed to accept as payment in full an amount less than the principal amount of the debt owed by the individual:   (i) the total amount and terms of the settlement;     (ii) the amount of the debt when the individual assented to the plan;     (iii) the amount of the debt when the creditor agreed to the settlement; and     (iv) the calculation of a settlement fee; and       (f) the amount in the account as of the date of the accounting.       (3) If an agreement contemplates that a creditor will settle a debt for less than the principal amount of the debt and the provider delegates performance of its duties under this section to another person, the provider may provide the information required by Subsection (2)(e) in a record separate from the record containing the other information required by Subsection (2).    Amended by Chapter 152, 2012 General Session
UT Code § 13-42-129 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 129 - Notice of litigation.

13-42-129. Notice of litigation.  No later than 30 days after a provider has been served with notice of a civil action for violation of this chapter by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify the administrator in a record that it has been sued.  Enacted by Chapter 154, 2006 General Session
UT Code § 13-42-130 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 130 - Advertising.

13-42-130. Advertising.    (1) If a provider whose agreements contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management plan may make it harder for the individual to obtain credit.     (2) If a provider whose agreements contemplate that creditors will settle for less than the full principal amount of debt that advertises debt-management services, it shall disclose, in an easily comprehensible manner:   (a) the information specified in Subsections 13-42-117(4)(e) and (f); and     (b) the provider's settlement fee structure, consistent with the limitations of Section 13-42-123.      Amended by Chapter 152, 2012 General Session
UT Code § 13-42-131 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 131 - Provider liability for the conduct of other persons -- Prohibited conduct of person providing service to provider.

13-42-131. Provider liability for the conduct of other persons -- Prohibited conduct of person providing service to provider.    (1) If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, the provider is liable for conduct of the person which, if done by the provider, would violate the agreement or this chapter.     (2) A lead generator or other person that provides services to or for a provider may not engage in an unfair, unconscionable, or deceptive act or practice, including the knowing omission of any material information, with respect to an individual who the lead generator or other person has reason to believe is or may become a customer of the provider.    Amended by Chapter 152, 2012 General Session
UT Code § 13-42-132 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 132 - Powers of administrator.

13-42-132. Powers of administrator.    (1) The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this chapter, refer cases to the attorney general, and seek or provide remedies as provided in this chapter.     (2) The administrator may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts, and records of a person that provides or offers to provide debt-management services, or a person to which a provider has delegated its obligations under an agreement or this chapter, to determine compliance with this chapter. Information that identifies individuals who have agreements with the provider may not be disclosed to the public. In connection with the investigation, the administrator may:   (a) charge the person the reasonable expenses necessarily incurred to conduct the examination;     (b) require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and     (c) seek a court order authorizing seizure from a bank at which the person maintains an account contemplated by Section 13-42-122, any or all money, books, records, accounts, and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.       (3) The administrator may adopt rules to implement the provisions of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.     (4) The administrator may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider.     (5) The administrator shall establish fees in accordance with Section 63J-1-504 to be paid by providers for the expense of administering this chapter.     (6) The administrator, by rule, shall adopt dollar amounts instead of those specified in Sections 13-42-102, 13-42-105, 13-42-109, 13-42-113, 13-42-123, 13-42-133, and 13-42-135 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers or, if that index is not available, another index adopted by rule by the administrator. The administrator shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least 10%. The dollar amount shall be rounded to the nearest $100, except that the amounts in Section 13-42-123 shall be rounded to the nearest dollar.     (7) The administrator shall notify registered providers of any change in dollar amounts made pursuant to Subsection (6) and make that information available to the public.    Amended by Chapter 152, 2012 General Session
UT Code § 13-42-133 (2021)
2021 Utah Code|Title 13 - Commerce and Trade|Chapter 42 - Uniform Debt-Management Services Act|Section 133 - Administrative remedies.

13-42-133. Administrative remedies.    (1) The administrator may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:   (a) ordering a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or director, employee, or other agent of a provider to cease and desist from any violations;     (b) ordering a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;     (c) subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), imposing on a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or other person that violates or causes a violation an administrative fine not exceeding $10,000 for each violation;     (d) prosecuting a civil action to:   (i) enforce an order; or     (ii) obtain restitution or equitable relief, or both; or       (e) intervening in an action brought under Section 13-42-135.       (2) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), if a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under Subsection (1)(a) or (b), the administrator may impose an administrative fine not exceeding $20,000 for each violation.     (3) The administrator may maintain an action to enforce this chapter in any county.     (4) The administrator may recover the reasonable costs of enforcing the chapter under Subsections (1) through (3), including attorney fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.     (5) In determining the amount of an administrative fine to impose under Subsection (1) or (2), the administrator shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator, and any other factor the administrator considers relevant to the determination of the administrative fine.     (6) All money received through administrative fines imposed under this chapter shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.    Amended by Chapter 152, 2012 General Session