reglab/housing_qa huggingface dataset:
6 DE Code § 2405. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2405. Registration.

§ 2405. Registration. (a) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this State. The registration statement must contain:  (1) The name and address of the credit services organization; and (2) The name and address of any person who directly or indirectly owns or controls 10 percent or more of the outstanding shares of stock in the credit services organization. (b) The registration statement must also contain either:  (1) A full and complete disclosure of any litigation or unresolved complaint filed with a governmental authority of this State relating to the operation of the credit services organization; or (2) A notarized statement that states that there has been no litigation or unresolved complaint filed with a governmental authority of this State relating to the operation of the credit services organization. (3) The name and address of the credit services organization's agent in the State authorized to receive service of process. (c) The credit services organization shall update the statement not later than the ninetieth day after the date on which a change in the information required in the statement occurs. (d) Each credit services organization registering hereunder shall maintain a copy of the registration statement in the files of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request. (e) The Secretary of State may charge each credit services organization that files a registration statement with the Secretary of State a reasonable fee not to exceed $100 to cover the cost of filing. The Secretary of State may not require a credit services organization to provide information other than that provided in the registration statement. (f) The bond or surety account shall be maintained until 2 years after the date that the credit services organization ceases operations. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2406. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2406. Disclosure statement.

§ 2406. Disclosure statement. (a) Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing:  (1) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services; (2) A statement explaining the buyer's right to proceed against the bond or surety account required by § 2404 of this title; (3) The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee, and the account number of the surety account; (4) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); (5) A statement that the buyer's file is available for review from the consumer reporting agency at no charge, under certain circumstances, if requested by the consumer within 30 days of receiving notice of a denial of credit and as provided in the Federal Fair Credit Reporting Act (15 U.S.C. § 1681j); (6) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by that consumer reporting agency; (7) A statement that accurate information cannot be permanently removed from the files of a consumer reporting agency; (8) A complete and accurate statement of when consumer information becomes obsolete, and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and (9) A complete and accurate statement of the availability of nonprofit credit counseling services. (b) The credit services organization shall maintain on file, for a period of 2 years after the date the statement is provided, an exact copy of the statement, signed by the buyer, acknowledging receipt of the statement. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2407. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2407. Form and terms of contract.

§ 2407. Form and terms of contract. (a) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer, and must include:  (1) A statement in type that is boldfaced, capitalized, underlined or otherwise set out from surrounding written materials so as to be conspicuous, in immediate proximity to the space reserved for the signature of the buyer, as follows: “You, the buyer, may cancel this contract at any time before midnight of the 3rd day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.”; (2) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person; (3) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated length of time, not to exceed 180 days, for performing the services; and (4) The address of the credit services organization's principal place of business and the name and address of its agent in the State authorized to receive service of process. (b) The contract must have attached two easily detachable copies of a notice of cancellation. The notice must be in boldfaced type and in the following form:  “Notice of Cancellation  You may cancel this contract, without any penalty or obligation, within 3 days after the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice. To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice to:  (name of seller) at (address of seller) (place of business) not later than midnight (date) I hereby cancel this transaction. (date) (purchaser's signature)”  (c) The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed. (d) The breach by a credit services organization of a contract under this chapter, or of any obligation arising from a contract under this chapter, is a violation of this chapter. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2408. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2408. Waiver.

§ 2408. Waiver. (a) A credit services organization may not attempt to cause a buyer to waive a right under this chapter. (b) A waiver by a buyer of any part of this chapter is void. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2409. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2409. Private enforcement.

§ 2409. Private enforcement. (a) A buyer injured by a violation of this chapter may bring an action for injunctive relief or recovery of damages, or both. The damages awarded may not be less than the amount paid by the buyer to the credit services organization and may include punitive damages. (b) In a civil action under subsection (a) of this section, the court, in its discretion, may allow reasonable attorney's fees and court costs to the prevailing buyer. 68 Del. Laws, c. 180, §  1;  77 Del. Laws, c. 310, §  1;
6 DE Code § 2410. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2410. Enforcement by the Attorney General.

§ 2410. Enforcement by the Attorney General. (a) The Attorney General shall have the same authority to enforce and carry out this subchapter as granted by § 2517 of Title 29 and by §§ 2511-2527 and §§ 2531-2536 of this title. (b) Any violation of § 2403 of this title shall be deemed an unlawful practice in violation of § 2513 of this title. 68 Del. Laws, c. 180, §  1;  77 Del. Laws, c. 310, §  1;
6 DE Code § 2411. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2411. Statute of limitations.

§ 2411. Statute of limitations. An action may not be brought under § 2409 or § 2410 of this title after 4 years after the date of the execution of the contract for services to which the action relates. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2412. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2412. Criminal penalty.

§ 2412. Criminal penalty. An offense under this chapter is a class B misdemeanor. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2413. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2413. Burden of proving exemption.

§ 2413. Burden of proving exemption. In an action under this chapter the burden of proving an exemption under § 2402 of this title shall be on the person claiming the exemption. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2414. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24. Credit Services Organizations|§ 2414. Remedies cumulative.

§ 2414. Remedies cumulative. The remedies provided by this chapter are in addition to any other remedies provided by law. 68 Del. Laws, c. 180, §  1;
6 DE Code § 2401A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2401A. Short title.

§ 2401A. Short title. This chapter may be cited as the “Delaware Uniform Debt-Management Services Act.” 75 Del. Laws, c. 430, §  1;
6 DE Code § 2403A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2403A. Exempt agreements and persons.

§ 2403A. Exempt agreements and persons. (a) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this State at the time of the agreement. (b) This chapter does not apply to a provider to the extent that the provider:  (1) Provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this State at the time the provider agrees to provide the services; or (2) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors. (c) This chapter does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession:  (1) A judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors; (2) A bank; (3) An affiliate, as defined in § 2402A(1)(B)(i) of this title, of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or (4) A title insurer, escrow company, or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.75 Del. Laws, c. 430, §  1;
6 DE Code § 2404A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2404A. License required.

§ 2404A. License required. (a) Except as otherwise provided in subsection (b) of this section, a provider may not provide debt-management services to an individual who it reasonably should know resides in this State at the time it agrees to provide the services, unless the provider is licensed under this chapter. (b) If a provider is licensed under this chapter, subsection (a) of this section does not apply to an employee or agent of the provider. (c) The Attorney General shall maintain and publicize a list of the names of all licensed providers. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2405A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2405A. Application for license — Form, fee, and accompanying documents.

§ 2405A. Application for license — Form, fee, and accompanying documents. (a) An application for license as a provider must be in a form prescribed by the Attorney General. (b) An application for a license as a provider must be accompanied by:  (1) A nonrefundable fee of $2,000, which shall be deposited in the State Treasury to the credit of the State Consumer Protection Fund created under § 2527 of this title; (2) The bond required by § 2413A of this title; (3) Identification of all trust accounts required by § 2422A of this title, an irrevocable consent authorizing the Attorney General to review and examine the trust accounts, and the overdraft notification agreement required by § 2422A of this title; (4) Evidence of insurance in the amount of $250,000:  (A) Against the risks of dishonesty, fraud, theft, and other misconduct on the part of the applicant or a director, employee, or agent of the applicant; (B) Issued by an insurance company authorized to do business in this State and rated at least A by a nationally recognized rating organization; (C) With no greater than a $5,000 deductible; and (D) Naming the Attorney General as an additional interested party to receive notice upon cancellation of the policy. (E) [Repealed.]75 Del. Laws, c. 430, §  1;  76 Del. Laws, c. 146, §§  3, 4, 6;
6 DE Code § 2407A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2407A. Application for license — Obligation to update information.

§ 2407A. Application for license — Obligation to update information. An applicant or licensed provider shall notify the Attorney General within 10 days after a change in the information specified in § 2405A or § 2406A of this title. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2408A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2408A. Application for license — Public information.

§ 2408A. Application for license — Public information. Except for the information required by § 2406A(8), (15), and (18) of this title and the addresses required by § 2406A(5) of this title, the Attorney General shall make the information in an application for a provider license available to the public. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2409A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2409A. License — Issuance or denial.

§ 2409A. License — Issuance or denial. (a) Except as otherwise provided in subsections (b) and (c) of this section, the Attorney General shall issue a provider license to a person who complies with §§ 2405A and 2406A of this title. (b) The Attorney General may deny a license if:  (1) The application contains information that is materially erroneous or incomplete; (2) An officer, director, or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws; (3) The applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others; or (4) The Attorney General finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this chapter. (c) The Attorney General shall deny a license if:  (1) The application is not accompanied by the fee established pursuant to this chapter; or (2) With respect to an applicant that has organized as a not-for-profit entity or has obtained tax-exempt status under the Federal Internal Revenue Code, 26 U.S.C. § 501 as amended, the applicant's board of directors is not independent of the applicant's employees and agents. (d) Subject to adjustment of the dollar amount pursuant to § 2432A(f) of this title, a board of directors is not independent for purposes of subsection (c) of this section if more than 1/4 of its members:  (1) Are affiliates of the applicant, as defined in § 2402A(1)(A) or (1)(B)(i), (1)(B)(ii), (1)(B)(iv), (1)(B)(v), (1)(B)(vi), or (1)(B)(vii) of this title; or (2) After the date 10 years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than $25,000 in either the current year or the preceding year.75 Del. Laws, c. 430, §  1;
6 DE Code § 2410A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2410A. License — Timing.

§ 2410A. License — Timing. (a) The Attorney General shall approve or make a preliminary determination to deny an initial license as a provider within 120 days from the date that the Attorney General determines that the application as filed is complete. In connection with a request pursuant to § 2406A(20) of this title for additional information, the Attorney General may extend the 120-day period for not more than 60 days. Within 7 days after making a preliminary determination to deny an application, the Attorney General, in a record, shall inform the applicant of the reasons for the proposed denial. (b) If the Attorney General makes a preliminary determination to deny an application for an initial license as a provider, the applicant may file a request for a hearing with the Attorney General pursuant to subchapter IV of the Delaware Administrative Procedures Act, Chapter 101 of Title 29. The Attorney General's preliminary determination may become a final decision if such a request is not timely filed. (c) Subject to §§ 2411A(d) and 2434A of this title, a provider license is valid for 1 year after the date of issuance. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2412A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2412A. License in another state.

§ 2412A. License in another state. If a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, and the Attorney General has approved the application forms of that state for use under this chapter, the provider may submit a copy of that license or certificate and the application for it in lieu of an application in the form prescribed by § 2405A(a), § 2406A, or § 2411A(b) of this title. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2414A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2414A. Bond required — Substitute.

§ 2414A. Bond required — Substitute. (a) In lieu of requiring the filing of a surety bond, the Attorney General may, at the Attorney General's discretion, accept from a licensed provider an irrevocable letter of credit. Such irrevocable letters of credit shall be provided by an insured depository institution (as defined in the Federal Deposit Insurance Act at 12 U.S.C. § 1813(c)) acceptable to the Attorney General, in a form satisfactory to the Attorney General in the principal sum to be determined by the Attorney General, except that the irrevocable letter of credit amount shall not be less than $50,000. In determining the amount of the irrevocable letter of credit required for a licensed provider, the Attorney General shall consider, among other things:  (1) The dollar value of the licensed provider's Delaware business;  (2) The dollar value of all trust accounts; and (3) Such other and further criteria as the Attorney General may deem necessary and appropriate.  (b) No irrevocable letter of credit shall be accepted unless the following requirements are satisfied:  (1) The aggregate value of the irrevocable letter of credit shall be equal to or greater than the amount determined by subsection (a) of this section; (2) The irrevocable letter of credit shall run to the State for the benefit of Attorney General, for the credit of the State Consumer Protection Fund created under § 2527 of this title, and for the benefit of all consumers injured by the wrongful act, omission, default, fraud or misrepresentation by a licensed provider in the course of its activity as a licensed provider. Compensation under the irrevocable letter of credit shall be for amounts which represent actual losses and shall not be payable for claims made by business creditors, third-party service providers, agents or persons otherwise in the employ of the licensed provider. The aggregate liability of the insured depository institution issuing the irrevocable letter of credit shall in no event exceed the amount of such irrevocable letter of credit; and (3) Draws upon such irrevocable letters of credit shall be available by sight drafts thereunder, in amounts determined by the Attorney General, up to the aggregate amount of the irrevocable letter of credit. (c) The Attorney General may require potential claimants to provide such documentation and affirmations as the Attorney General may determine to be necessary and appropriate. In the event the Attorney General determines that multiple consumers have been injured by a licensed provider, the Attorney General shall cause a notice to be published for the purpose of identifying all relevant claims. (d) The Attorney General may refuse release of an irrevocable letter of credit, following the surrender of a license, up to 2 years after the effective date of such termination of licensure. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2415A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2415A. Requirement of good faith.

§ 2415A. Requirement of good faith. A provider shall act in good faith in all matters under this chapter. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2416A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2416A. Customer service.

§ 2416A. Customer service. A provider that is required to be licensed 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. 75 Del. Laws, c. 430, §  1;