reglab/housing_qa huggingface dataset:
6 DE Code § 2420A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2420A. Cancellation of agreement; waiver.

§ 2420A. Cancellation of agreement; waiver. (a) An individual may cancel an agreement before midnight of the third business day after the individual assents to it, unless the agreement does not comply with subsection (b) of this section or § 2419A or 2428A of this title, in which event the individual may cancel the agreement within 30 days after the individual assents to it. To exercise the right to cancel, the individual must give notice in a record to the provider. Notice by mail is given when mailed. (b) An agreement must be accompanied by a form that contains in bold-face type surrounded by bold black lines:  Notice of Right to Cancel You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it. To cancel this agreement during this period, send an e-mail to ____ E-mail address of provider or mail or deliver a signed, dated copy of this notice, or any other written notice to ____ Name of provider at ____ Address of provider before midnight on ____ Date  If you cancel this agreement within the 3-day period, we will refund all money you already have paid us. You also may terminate this agreement at any later time, but we are not required to refund fees you have paid us. I cancel this agreement, ________________________________ Print your name  ________________________________ Signature  ________________________________ Date  (c) If a personal financial emergency necessitates the disbursement of an individual's money to 1 or more of the individual's creditors before the expiration of 3 days after an agreement is signed, an individual may waive the right to cancel. To waive the right, the individual must send or deliver a signed, dated statement in the individual's own words describing the circumstances that necessitate a waiver. The waiver must explicitly waive the right to cancel. A waiver by means of a standard-form record is void. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2421A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2421A. Required language.

§ 2421A. Required language. Unless the Attorney General, by rule, provides otherwise, the disclosures and documents required by this chapter must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language of the disclosures and documents required by this chapter. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2424A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2424A. Voluntary contributions.

§ 2424A. 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 § 2423A of this title. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2425A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2425A. Voidable agreements.

§ 2425A. Voidable agreements. (a) If a provider imposes a fee or other charge or receives money or other payments not authorized by § 2423A or § 2424A of this title, the individual may void the agreement and recover as provided in § 2435A of this title. (b) If a provider is not licensed as required by this chapter when an individual assents to an agreement, the agreement is voidable by the individual. (c) If an individual voids an agreement under subsection (b) of this section, the provider does not have a claim against the individual for breach of contract or for restitution. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2426A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2426A. Termination of agreements.

§ 2426A. Termination of agreements. (a) If an individual who has entered into an agreement fails for 60 days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider holds money on behalf of a debtor to pay creditors and a provider or an individual terminates an agreement, the provider shall immediately return to the individual:  (1) Any money of the individual held in trust for the benefit of the individual; and (2) Sixty-five percent of any portion of the set-up fee received pursuant to § 2423A(d)(2) of this title which has not been credited against settlement fees. (c) If a provider does not hold money on behalf of a debtor to pay creditors and if a provider or an individual terminates an agreement, the provider shall immediately return to the individual 65 percent of fees associated with that percentage of the principal amount remaining unsettled at the time of termination. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2427A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2427A. Periodic reports and retention of records.

§ 2427A. Periodic reports and retention of records. (a) A provider shall provide the accounting required by subsection (b) of this section:  (1) Upon cancellation or termination of an agreement; and (2) Before cancellation or termination of any agreement:  (A) At least once each month; and (B) Within 5 business days after a request by an individual, but the provider need not comply with more than 1 request in any calendar month. (b) A provider, in a record, shall provide each individual for whom it has established a plan an accounting of the following information:  (1) The amount of money received from the individual since the last report; (2) The amounts and dates of disbursement made on the individual's behalf, or by the individual upon the direction of the provider, since the last report to each creditor listed in the plan; (3) The amounts deducted from the amount received from the individual; (4) The amount held in reserve; and (5) 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:  (A) The total amount and terms of the settlement; (B) The amount of the debt when the individual assented to the plan; (C) The amount of the debt when the creditor agreed to the settlement; and (D) The calculation of a settlement fee. (c) A provider shall maintain records for each individual for whom it provides debt-management services for a minimum of 5 years after the final payment made by the individual and produce a copy of them to the individual within a reasonable time after a request for them. (d) (1) Every provider shall maintain such books, accounts and records relating to all transactions within this chapter as will enable the Attorney General to enforce full compliance with this chapter; (2) All books, accounts and records of the provider shall be preserved and kept available as provided in this chapter or for such longer period of time as the Attorney General may by regulation require; and (3) The Attorney General may prescribe the minimum information to be shown in such books, accounts and records of the provider so that such records will enable the Attorney General to determine compliance with this chapter. (e) The provider may use electronic or other means of storage of all books, accounts and records that it is required to maintain. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2429A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2429A. Notice of litigation.

§ 2429A. 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 Attorney General in a record that it has been sued. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2430A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2430A. Advertising.

§ 2430A. Advertising. A provider that advertises debt-management services shall disclose in an easily comprehensible manner the information specified in § 2417A(d)(3) and (4) of this title. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2431A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2431A. Liability for the conduct of other persons.

§ 2431A. Liability for the conduct of other persons. 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. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2434A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2434A. Suspension, revocation, or nonrenewal of license.

§ 2434A. Suspension, revocation, or nonrenewal of license. (a) In this section “insolvent” means:  (1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute; (2) Being unable to pay debts as they become due; or (3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq., as amended. (b) The Attorney General may suspend, revoke, or deny renewal of a provider's license if:  (1) A fact or condition exists that, if it had existed when the licensed provider applied for its provider license, would have been a reason for denying the license; (2) The provider has committed a material violation of this chapter or a rule or order of the Attorney General under this chapter; (3) The provider is insolvent; (4) The provider or an employee or affiliate of the provider has refused to permit the Attorney General to make an examination authorized by this chapter; or (5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the Attorney General. (c) If a provider does not comply with § 2422A(f) of this title or if the Attorney General otherwise finds that the public health or safety or general welfare requires emergency action, the Attorney General may order a summary suspension of the provider's license, effective on the date specified in the order. (d) If the Attorney General suspends, revokes, or denies the renewal of a provider license, the Attorney General may seek a court order authorizing seizure of any or all of the money in a trust account required by § 2422A of this title, as well as all books, records, accounts, and other property of the provider which are located in this State. (e) If the Attorney General makes a preliminary determination to suspend or revoke a provider's license, the provider 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. Notwithstanding any other provisions of this Code, any final order under this section will be a public record. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2435A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2435A. Private enforcement.

§ 2435A. Private enforcement. (a) If an individual voids an agreement pursuant to § 2425A(b) of this title, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under paragraphs (c)(3) and (c)(4) of this section. (b) If an individual voids an agreement pursuant to § 2425A(a) of this title, the individual may recover in a civil action 3 times the total amount of the fees, charges, money, and payments made by the individual to the provider, in addition to the recovery under paragraph (c)(4) of this section. (c) Subject to subsection (d) of this section, an individual with respect to whom a provider violates this chapter may recover in a civil action from the provider and any person that caused the violation:  (1) Compensatory damages for injury, including noneconomic injury, caused by the violation; (2) Except as otherwise provided in subsection (d) of this section, with respect to a violation of § 2417A, § 2419A, § 2420A, § 2421A, § 2422A, § 2423A, § 2424A, § 2427A, or § 2428A(a), (b), or (d) of this title, the greater of the amount recoverable under paragraph (c)(1) of this section or $5,000; (3) Punitive damages; and (4) Reasonable attorney's fees and costs. (d) In a class action, except for a violation of § 2428A(a)(5) of this title, the minimum damages provided in paragraph (c)(2) of this section do not apply. (e) In addition to the remedy available under subsection (c) of this section, if a provider violates an individual's rights under § 2420A of this title, the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors. (f) A provider is not liable under this section for a violation of this chapter if the provider proves that the violation was not intentional and resulted from a good-faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider's obligations under this chapter is not a good-faith error. If in connection with a violation, the provider has received more money than authorized by an agreement or this chapter, the defense provided by this subsection is not available unless the provider refunds the excess within 2 business days of learning of the violation. (g) The Attorney General shall assist an individual in enforcing a judgment against the surety bond or other security provided under § 2413A or § 2414A of this title. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2436A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2436A. Violation of unfair or deceptive practices statute.

§ 2436A. Violation of unfair or deceptive practices statute. If an act or practice of a provider violates both this chapter and Chapter 25 of this title, an individual may not recover under both for the same act or practice. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2437A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2437A. Statute of limitations.

§ 2437A. Statute of limitations. (a) An action or proceeding brought pursuant to § 2433A(a), (b), or (c) of this title must be commenced within 4 years after the conduct that is the basis of the Attorney General's complaint. (b) An action brought pursuant to § 2435A of this title must be commenced within 3 years after the latest of:  (1) The individual's last transmission of money to a provider; (2) The individual's last transmission of money to a creditor at the direction of the provider; (3) The provider's last disbursement to a creditor of the individual; (4) The provider's last accounting to the individual pursuant to § 2427A(a) of this title; (5) The date on which the individual discovered or reasonably should have discovered the facts giving rise to the individual's claim; or (6) Termination of actions or proceedings by the Attorney General with respect to a violation of the chapter. (c) The period prescribed in paragraph (b)(5) of this section is tolled during any period during which the provider or, if different, the defendant has materially and wilfully misrepresented information required by this chapter to be disclosed to the individual if the information so misrepresented is material to the establishment of the liability of the defendant under this chapter. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2438A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2438A. Uniformity of application and construction.

§ 2438A. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 75 Del. Laws, c. 430, §  1;
6 DE Code § 2439A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24A. Debt-Management Services|§ 2439A. Relation to Electronic Signatures in Global and National Commerce Act.

§ 2439A. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 U.S.C. § 7003(b)). 75 Del. Laws, c. 430, §  1;
6 DE Code § 2400C. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24C. Mortgage Loan Modification Services|§ 2400C. Short title.

§ 2400C. Short title. This chapter may be cited as the “Delaware Mortgage Loan Modification Services Act.” 78 Del. Laws, c. 196, §  9;
6 DE Code § 2401C. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24C. Mortgage Loan Modification Services|§ 2401C. Purpose.

§ 2401C. Purpose. The purpose of this chapter is to protect homeowners from unfair or deceptive practices by providers of mortgage loan modification services. 78 Del. Laws, c. 196, §  9;
6 DE Code § 2402C. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24C. Mortgage Loan Modification Services|§ 2402C. Definitions.

§ 2402C. Definitions. As used in the chapter, unless the context requires otherwise:  (1) “Commercial communication” means any written or oral statement, illustration, or depiction in any medium that is designed to effect a sale of or create interest in purchasing, any mortgage modification service. (2) “Dwelling” means a residential structure containing 4 or fewer units, whether or not the structure is attached to real property, that is primarily for personal, family, or household use. (3) “Dwelling loan” or “mortgage loan” means any loan secured by a dwelling, and any associated deed of trust or mortgage. (4) “Mortgage loan modification services” means services as an intermediary between an individual and 1 or more dwelling loan creditors for the purpose of obtaining assent to the repayment of a mortgage loan on terms more favorable to the individual than the terms of the original mortgage loan. (5) “Mortgage loan modification services provider” means any person that provides, offers to provide, or arranges for others to provide, any mortgage modification service but does not include the dwelling loan holder, servicer, or any agent or contractor of such individuals or entities. (6) “Servicer” means the individual or entity responsible for receiving any scheduled periodic payment from a homeowner pursuant to the terms of the dwelling loan that is the subject of the offer to provide mortgage modification services or for making the payments of principal and interest and such other payments with respect to the amounts received as may be required pursuant to the terms of the mortgage servicing loan documents or servicing contract.78 Del. Laws, c. 196, §  9;
6 DE Code § 2403C. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24C. Mortgage Loan Modification Services|§ 2403C. Exemptions.

§ 2403C. Exemptions. This chapter does not apply to:  (1) An individual admitted to practice law in this State, who is in an attorney client relationship, while performing any activity related to the individual's regular practice of law in this State; (2) A person doing business under any law of this State or the United States, which law regulates banks, trust companies, savings and loan associations, credit unions, insurance companies while performing services as part of the person's normal business activities; (3) A person licensed as a mortgage loan originator, broker or lender under Title 5 or as a debt management service provider in Chapter 24A of this title, while acting under the authority of that license; (4) A person licensed as a real estate broker or real estate salesperson under Title 24 while negotiating with the mortgage loan holder on a dwelling that is listed for sale by the broker or brokerage organization as long as no additional fee is charged for the negotiation; (5) A nonprofit organization that offers housing counseling or advice to homeowners; or (6) A public corporation, government or governmental subdivision, agency, or instrumentality.78 Del. Laws, c. 196, §  9;
6 DE Code § 2404C. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24C. Mortgage Loan Modification Services|§ 2404C. Registration required.

§ 2404C. Registration required. Unless exempted under this chapter, a person may not provide mortgage loan modification services to an individual who it reasonably should know resides in this State at the time it agrees to provide the services, unless the person satisfies the following requirements:  (1) The person registers with, and is issued and maintains a certificate of registration from the Attorney General in accordance with the following requirements:  a. The person shall submit a completed registration application on a form approved by the Attorney General, along with a nonrefundable fee of $1000 which shall be deposited in the State Treasury to the credit of the State Consumer Protection Fund created under § 2527 of this title. Funds received pursuant to this chapter may be used to support foreclosure relief programs. b. The registration form shall be accompanied by a copy of all print or electronic advertising and scripts of telephonic or broadcast advertising. c. The registration form shall be accompanied by the bond required pursuant to this section. (2) The person provides an original corporate surety bond, with surety provided by a corporation authorized to transact business in this State, in the principal sum of $100,000. The bond shall run to the State for the benefit of the Attorney General and for the benefit of all consumers injured by any wrongful act, omission, default, fraud or misrepresentation by such person in the course of its activity authorized by this chapter.78 Del. Laws, c. 196, §  9;
6 DE Code § 2405C. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24C. Mortgage Loan Modification Services|§ 2405C. Registration procedure.

§ 2405C. Registration procedure. (a) Except as otherwise provided in subsection (b) of this section, the Attorney General shall register a person in compliance with § 2404C of this title. (b) The Attorney General may deny registration if:  (1) The application contains information that is materially erroneous or incomplete; (2) An officer, director, member or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty; (3) The Attorney General finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, members, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this chapter. (c) Registration shall be renewed annually by using an approved form and submitting a renewal fee in the amount of $500. 78 Del. Laws, c. 196, §  9;