reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.3 - Currency Transmissions › Section 19-14.3-3.8. - Prohibited acts and practices.

§ 19-14.3-3.8. Prohibited acts and practices.
No person required to be licensed under this chapter shall:
(1)
Fail to remit all money or monetary value received for transmission pursuant to this chapter, or give instructions committing equivalent money or monetary value to the person designated by the sender within ten (10) days after receipt by the licensee unless otherwise directed by the sender except in cases relating to the prevention and detection of fraud or money laundering, compliance with applicable sanctions, regimes and other related compliance obligations;
(2)
Fail to immediately notify the director in writing if the licensee dishonors or fails to satisfy any currency transmission transaction within the ten (10) days following receipt for any reason other than direction by the sender except in cases relating to the prevention and detection of fraud or money laundering, compliance with applicable sanctions, regimes and other related compliance obligations;
(3)
Engage in the business of currency transmission in the state under any name other than that which it is organized or otherwise authorized to do business in the state;
(4)
Fail to comply with the Bank Secrecy Act, 31 U.S.C. § 5311 et seq., and 31 C.F.R. Part 1022, including maintenance of an active registration with the United States Department of Treasury Financial Crimes Enforcement Network;
(5)
Fail to comply with the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., and Regulation E, 12 C.F.R. 1005 et seq.;
(6)
Fail to safeguard identifying information obtained in the course of currency transmission and otherwise comply with the requirements set forth in chapter 52 of title 6;
(7)
Fail to comply with applicable state and federal laws and regulations related to the business of currency transmission;
(8)
Use or cause to be published or disseminated any advertising communication that contains any false, misleading, or deceptive statement or representation; or
(9)
Engage in unfair, deceptive, or fraudulent practices.
History of Section.
P.L. 2019, ch. 226, § 4; P.L. 2019, ch. 246, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.3 - Currency Transmissions › Section 19-14.3-4. - Rules and regulations.

§ 19-14.3-4. Rules and regulations.
The director, or the director’s designee, may adopt reasonable rules and regulations for the implementation and administration of the provisions of this chapter.
History of Section.
P.L. 1995, ch. 82, § 55.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.3 - Currency Transmissions › Section 19-14.3-5. - Severability.

§ 19-14.3-5. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1995, ch. 82, § 55.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-1. - Exemptions from licensing.

§ 19-14.4-1. Exemptions from licensing.
No license to cash checks shall be required of any:
(1)
Regulated institution, bank, or credit union organized under the laws of the United States, or subject to written notice with a designated Rhode Island agent for service of process in the form prescribed by the director, or the director’s designee, of any other state within the United States if the laws of the other state in which such bank or credit union is organized authorizes under conditions not substantially more restrictive than those imposed by the laws of this state, as determined by the director, or the director’s designee, a financial institution or credit union to engage in the business of cashing checks in the other state; no bank or credit union duly organized under the laws of another state within the United States may receive deposits, pay checks or lend money from any location within this state unless such bank or credit union has received approval from the director, or the director’s designee, for the establishment of an interstate branch office pursuant to chapter 7 of title 19;
(2)
Natural person employee who is employed by a licensee when acting on the licensee’s behalf; or
(3)
Persons engaged in the business of cashing checks where that business is incidental to the person’s retail sale of goods or services and the person charges not more than fifty cents ($.50) per check cashed.
History of Section.
P.L. 1995, ch. 82, § 56; P.L. 2003, ch. 163, § 5; P.L. 2003, ch. 169, § 5.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-2. - Public notice of application.

§ 19-14.4-2. Public notice of application.
(a)
Upon the filing of any application in due form, accompanied by the required fee and documents, notice thereof shall be published in a newspaper of general circulation in this state. Each notice shall contain:
(1)
The name of the applicant;
(2)
The location of the proposed site; and
(3)
A statement that any comment or objection by anyone in relation to the application should be submitted in writing to the director, or the director’s designee, for consideration within ten (10) business days of the date of publication.
(b)
The general assembly finds and declares that check-cashing businesses provide important and vital services to Rhode Island citizens; that the number of check-cashing businesses should be limited in accordance with the needs of the communities they are to serve; and that it is in the public interest to promote and foster check-cashing businesses and to insure their financial stability.
(c)
The director, or the director’s designee, shall cause an investigation of the needs of the community for the establishment of a check-cashing business at the location specified in the application and the effect that granting the license will have on the financial stability of other check-cashing businesses that may be serving the community in which the business of the applicant is proposed to be conducted. If the issuance of a license to engage in the check-cashing business at the location specified will not promote the needs and the convenience and advantage of the community in which the check-cashing business of the applicant is proposed to be conducted, then the application may be denied.
(d)
The director, or the director’s designee, shall investigate to ascertain whether the qualifications and requirements have been met. Within ninety (90) days after the publication of the notice, if the director, or the director’s designee, finds that the qualifications have been met, he or she shall issue to the applicant a license to engage in the business of cashing checks in this state.
History of Section.
P.L. 1995, ch. 82, § 56.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-3. - Rules and regulations.

§ 19-14.4-3. Rules and regulations.
(a)
The director, or the director’s designee, is authorized, directed, and empowered to promulgate regulations that provide for the safety and security of customers of the licensee, and/or its employees, from robbery or other criminal activities to include, but not be limited to, bulletproof glass and steel partitions, except as provided in subsection (c).
(b)
The rules and regulations, in addition to any other provisions as the director, or the director’s designee, may require, must provide that licensees maintain:
(1)
Continuously, for each licensed premises, liquid assets of at least ten thousand dollars ($10,000);
(2)
A cash sheet that must be prepared daily for each day’s business reflecting all transactions for that day;
(3)
A money-order register recording the date issued, money order number, amount, and date paid. In lieu of the money-order register, a copy of the money order may be kept when carbonized type money orders are used;
(4)
Insurance issued by an insurance company or indemnity company, authorized to do business under the laws of this state, that shall insure the applicant against loss by theft, burglary, robbery, or forgery in principal sum, as determined by the director, or the director’s designee, that shall in no event be less than ten thousand dollars ($10,000), nor more than one hundred thousand dollars ($100,000). The required amounts shall bear a relationship to the liquid assets on hand at the licensed location; and
(5)
An adequate written policy and affirmative program to ensure compliance with state and federal money laundering statutes.
(c)
Notwithstanding the provisions of subsection (a) or any rule or regulation promulgated by the department of business regulation pertaining to check cashers, persons hosting state-operated video lottery games, and state-operated casino gaming pursuant to licenses issued by the department of business regulation, division of gaming and athletics, and the department of revenue, division of lotteries, are and shall be exempt from any requirement that they construct and maintain bulletproof glass and steel partitions at check cashing stations, transaction windows, counters and/or similar areas, whether or not an exchange of funds, checks, money orders, or other transactions take place therein.
History of Section.
P.L. 1995, ch. 82, § 56; P.L. 2019, ch. 289, § 2; P.L. 2019, ch. 303, § 2.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-4. - Fees for services.

§ 19-14.4-4. Fees for services.
No licensee shall:
(1)
Charge check-cashing fees in excess of three percent (3%) of the face amount of the check, or five dollars ($5.00), whichever is greater, if the check is the payment of any kind of state public assistance or federal social security benefit;
(2)
Charge check-cashing fees for personal checks in excess of ten percent (10%) of the face amount of the personal check or five dollars ($5.00), whichever is greater;
(3)
Charge check-cashing fees in excess of five percent (5%) of the face amount of the check or five dollars ($5.00), whichever is greater, for all other checks; or
(4)
Charge deferred deposit transaction fees in excess of ten percent (10%) of the amount of funds advanced.
History of Section.
P.L. 1995, ch. 82, § 56; P.L. 2001, ch. 371, § 3; P.L. 2005, ch. 230, § 1; P.L. 2005, ch. 235, § 1; P.L. 2010, ch. 204, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-5. - Posting of charges — Endorsement — Receipt.

§ 19-14.4-5. Posting of charges — Endorsement — Receipt.
(a)
In every location licensed pursuant to this chapter, there shall be at all times posted, in a conspicuous place within the licensed premises, a complete and unambiguous schedule of all fees for cashing checks, deferred deposit transactions expressed as both a dollar amount and an annual percentage rate, and the initial issuance of any identification card.
(b)
Before a licensee shall deposit, with any regulated institution or other insured-deposit-taking institution organized under the laws of the United States, a check cashed by the licensee, the check must be endorsed with the name under which the licensee is doing business and must include the words “licensed check cashing services”.
(c)
The licensee shall provide a receipt for each transaction for the benefit of a customer.
(d)
Each check casher shall also post a list of valid identification that is acceptable in lieu of identification provided by the check casher. The information required by this section shall be clear, legible, and in letters not less than one-half (½) inch in height. The information shall be posted in a conspicuous location in the unobstructed view of the public within the check casher’s premises. Failure to post information as required by this section, or the imposition of fees or identification requirements contrary to the information posted, shall constitute a deceptive trade practice under chapter 13.1 of title 6.
History of Section.
P.L. 1995, ch. 82, § 56; P.L. 2001, ch. 371, § 3; P.L. 2005, ch. 230, § 1; P.L. 2005, ch. 235, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-5.1. - Customer checks — Deferred deposits.

§ 19-14.4-5.1. Customer checks — Deferred deposits.
(a)
A check casher may defer the deposit of a personal check written by a customer for a term of no less than thirteen (13) days, pursuant to the provisions of this section. The face amount of the check shall not exceed five hundred dollars ($500).
(b)
Each deferred deposit shall be made pursuant to a written agreement that has been signed by the customer and by the check casher or an authorized representative of the check casher. The written agreement shall contain a statement of the total amount of any fees charged for the deferred deposit, expressed both in United States currency and as an annual percentage rate (APR), as required by federal regulations. The written agreement shall authorize the check casher to defer deposit of the personal check until a specific date no less than thirteen (13) days from the date the written agreement was signed and executed. The written agreement shall not permit the check casher to accept collateral.
(c)
A rollover is an extension or deferral of the payment due date of a deferred deposit transaction for the payment of only an additional fee.
(d)
The maximum amount of a single customer’s check is five hundred dollars ($500).
(e)
The maximum aggregate amount of concurrently outstanding checks held by the licensee or its affiliate from the same customer is five hundred dollars ($500).
(f)
The maximum number of concurrently outstanding checks held by the licensee or its affiliates from the same customer is three (3).
(g)
The maximum number of rollovers permitted is one.
(h)
The check casher shall give a duplicate original of the agreement to the customer at the time of the transaction.
History of Section.
P.L. 2001, ch. 371, § 4; P.L. 2005, ch. 230, § 1; P.L. 2005, ch. 235, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-6. - Securities in lieu of bonds.

§ 19-14.4-6. Securities in lieu of bonds.
In lieu of the required surety bond or bonds, or of any portion as required by chapter 14, the applicant may deposit with the director, or the director’s designee, or with any financial institutions, credit unions, or national banks in this state that the applicant may designate and the director, or the director’s designee, may approve, United States government/agency obligation or state obligations, to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required surety bond. The securities shall be deposited and held to secure the same obligations as would the surety bond, but the licensee shall be entitled to receive all interest and dividends thereon; shall have the right, with the approval of the director, or the director’s designee, to substitute other securities for those deposited; and shall be required to substitute securities on the written order of the director, or the director’s designee.
History of Section.
P.L. 1995, ch. 82, § 56.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-7. - Dishonor of check — Procedure.

§ 19-14.4-7. Dishonor of check — Procedure.
Within five (5) business days after being advised by the payor institution that a check has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, the licensee shall notify the police department in the city or town where the office of the licensee where the check was cashed is located. In the event a check is returned to the licensee by the payor institution for any of the aforementioned reasons, the licensee may not release the check without the consent of the city or town police department, office of the attorney general, or other investigating law enforcement authority.
History of Section.
P.L. 1995, ch. 82, § 56.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-8. - Food stamps — Distribution.

§ 19-14.4-8. Food stamps — Distribution.
Check-cashing licensees may engage in the distribution of food stamps in accordance with the regulations promulgated by the director, or the director’s designee.
History of Section.
P.L. 1995, ch. 82, § 56.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-9. - Unlicensed check cashing businesses.

§ 19-14.4-9. Unlicensed check cashing businesses.
The operation of any unlicensed check-cashing businesses, or the unlawful conduct or operation of any licensed check-cashing business, is declared to constitute unfair competition with licensed and legally operated check-cashing businesses doing business in the same community. A licensee operating legally under this chapter in the same community has the right to apply to the superior court to obtain an injunction restraining this unfair competition.
History of Section.
P.L. 1995, ch. 82, § 56.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.4 - Check Cashing › Section 19-14.4-10. - Severability.

§ 19-14.4-10. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality shall not affect other provisions or applications of this chapter that can be given effect without the invalid or unconstitutional provisions or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1995, ch. 82, § 56.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.6 - Insurance Premium Finance Agreements › Section 19-14.6-1. - Form of agreement.

§ 19-14.6-1. Form of agreement.
(a)
Every agreement shall:
(1)
Be dated and signed by, or on behalf of, the insured, and the printed portion thereof shall be in at least eight-point (8) type;
(2)
Contain the names and place of business of the insurance producer negotiating the insurance contract or contracts thereto relating, the name and residence, or place of business, of the insured, as specified by the insured, the name and place of business of the company to which payments under the agreement are to be made, a brief description of the insurance contract or contracts, and the amount of the premium or premiums therefore; and
(3)
Set forth following items where they are applicable:
(i)
The total amount of the premium or premiums;
(ii)
The amount of the down payment;
(iii)
The principal balance, the difference between (i) and (ii);
(iv)
The amount of interest to be charged;
(v)
The balance payable by the insured, sum of items (iii) and (iv); and
(vi)
The number of installments required, the amount of each installment expressed in dollars, and the due date or period thereof.
(b)
The items set forth in subdivision (a)(3) need not be stated in the sequence in which they appear in subdivision (a)(3), and additional items may be included to explain computations made in determining the amount to be paid by the insured.
History of Section.
P.L. 2003, ch. 79, § 4; P.L. 2003, ch. 82, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.6 - Insurance Premium Finance Agreements › Section 19-14.6-2. - Limitation on interest and other charges.

§ 19-14.6-2. Limitation on interest and other charges.
(a)
An insurance premium finance company shall not charge, contract for, receive, or collect any interest or discount charges at a rate in excess of that provided in § 6-26-2.
(b)
Interest on any insurance premium finance agreement is to be computed on the balance of the premium or premiums due, after subtracting the down payment made by the insured in accordance with the agreement, from the effective date of the insurance contract, for which the premium or premiums is or are being advanced, to and including the date when the final installment provided for in the agreement is due and payable. The interest so provided for by this chapter anticipates timely repayment, in consecutive equal monthly installments, for a period of one year. With respect to contractual arrangements for repayment in greater or lesser periods, or in unequal, irregular, or other than monthly installments, interest may be computed at an equivalent effective rate, likewise, having due regard for timely payments of installments.
(c)
A service charge of fifteen dollars ($15.00) per insurance premium finance agreement, which need not be refunded upon cancellation or prepayment, may be imposed as long as the imposition of said service charge does not cause the total charges provided for in the agreement to exceed that specified in § 6-26-2.
(d)
Notwithstanding the provisions of any agreement, an insured may prepay the obligation in full at any time. In that event, the insured shall receive a refund credit. (The refund credit shall represent at least as great a proportion of the interest as the sum of the periodic balances following the month in which prepayment is made bears the sum of all periodic balances under the schedule of installments in the agreement.) If the amount of a refund credit is less than one dollar ($1.00), no actual refund need be made.
History of Section.
P.L. 2003, ch. 79, § 4; P.L. 2003, ch. 82, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.6 - Insurance Premium Finance Agreements › Section 19-14.6-3. - Delinquency and cancellation charges.

§ 19-14.6-3. Delinquency and cancellation charges.
(a)
An insurance premium finance agreement may provide for payment by the insured of a delinquency charge ranging from one dollar ($1.00) to a maximum of five percent (5%) of an installment that is in default for a period of five (5) days or more.
(b)
The agreement may provide for payment by the insured of a cancellation charge of fifteen dollars ($15.00) if the default results in cancellation of any insurance contract or contracts listed in the agreement.
(c)
An agreement may also provide for payment, upon default, of reasonable costs of collection, including reasonable attorneys’ fees.
(d)
None of the charges referred to in this section shall be considered directly or indirectly in determining whether a violation of the usury laws has occurred under an agreement.
History of Section.
P.L. 2003, ch. 79, § 4; P.L. 2003, ch. 82, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.6 - Insurance Premium Finance Agreements › Section 19-14.6-4. - Cancellation of insurance contract upon default.

§ 19-14.6-4. Cancellation of insurance contract upon default.
(a)
When an insurance premium finance agreement contains a power of attorney enabling the company to cancel an insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the company unless the cancellation is effectuated in accordance with this section.
(b)
Not less than ten (10) days written notice shall be mailed to the insured, at his or her last known address, as shown on the records of the company, of the intention of the company, to cancel the insurance contract or contracts unless the default is removed within the ten-day (10) period.
(c)
After expiration of the ten-day (10) period, the company may cancel the insurance contract or contracts by mailing to the insurer a notice of cancellation. The insurance contract or contracts shall be cancelled as if notice of cancellation had been submitted by the insured personally, but without requiring return of the insurance contract or contracts. The company shall also mail a notice of cancellation to the insured at his or her last known address as shown on the records of the company. The insurance contract or contracts shall be cancelled by the insurer on a pro rata basis.
(d)
All statutory, regulatory, and contractual restrictions providing that an insurance contract may not be cancelled unless notice be given to a particular governmental agency, mortgagee, or other third party shall be applicable to any cancellation effected under the provisions of this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee, or other third party on or before the second business day after the day it receives notice of cancellation from the company, and shall determine the effective date of cancellation, taking into consideration the number of days’ notice required to complete the cancellation.
History of Section.
P.L. 2003, ch. 79, § 4; P.L. 2003, ch. 82, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.6 - Insurance Premium Finance Agreements › Section 19-14.6-5. - Return premiums.

§ 19-14.6-5. Return premiums.
Whenever a financed insurance contract or contracts is cancelled, the insurer shall return the gross unearned premium or premiums, if any, that may be due under the insurance contract or contracts, directly to the insurance premium finance company for the account of the insured, as soon as reasonably possible, but, in no event, shall the period for the return exceed sixty (60) days after the effective date of cancellation. In the event that crediting of a return premium or premiums to the account of an insured results in a surplus over the amount due from the insured, the insurance premium finance company shall refund the excess to the insured, provided that no refund shall be required if the refund amounts to less than one dollar ($1.00).
History of Section.
P.L. 2003, ch. 79, § 4; P.L. 2003, ch. 82, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.6 - Insurance Premium Finance Agreements › Section 19-14.6-6. - Exemption from filing requirements.

§ 19-14.6-6. Exemption from filing requirements.
Filing of the insurance premium finance agreement shall not be necessary to perfect validity thereof, as a secured transaction against creditors, subsequent purchasers, pledgees, encumbrancers, trustees in bankruptcy, or other insolvency proceeding under any law or any person having the status, power, or authority of the aforementioned, or their successors or assigns.
History of Section.
P.L. 2003, ch. 79, § 4; P.L. 2003, ch. 82, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-1. - Short title.

§ 19-14.8-1. Short title.
This chapter shall be known and may be cited as the “Uniform Debt-Management Services Act”.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-3. - Exempt agreements and person.

§ 19-14.8-3. Exempt agreements and person.
(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 chartered under the laws of the United States or of this state;
(3)
An affiliate, as defined in § 19-14.8-2(2)(b)(i), of a bank described in subsection (2) if the affiliate is regulated by a federal or state banking regulatory authority;
(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;
(5)
A bank chartered under the laws of another state, so long as the laws of such other state expressly authorize such bank to operate in such state, under conditions no more restrictive than those imposed by the laws of this state, as determined by the director, or the director’s designee; or
(6)
An affiliate, as defined in § 19-14.8-2(2)(b)(i), of a bank described in subsection (5) if the affiliate is regulated by a federal or state banking regulatory authority.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-4. - Registration required.

§ 19-14.8-4. Registration 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 registered under this chapter.
(b)
If a provider is registered under this chapter, subsection (a) does not apply to an employee or agent of the provider.
(c)
The director shall maintain and publicize a list of the names of all registered providers.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-5. - Application for registration — Form, fee and accompanying documents.

§ 19-14.8-5. Application for registration — Form, fee and accompanying documents.
(a)
An application for registration as a provider must be in a form prescribed by the director.
(b)
Subject to adjustment of dollar amounts pursuant to § 19-14.8-32(f), an application for registration as a provider must be accompanied by:
(1)
The fee established by chapter 14 of this title;
(2)
The bond required by § 19-14.8-13;
(3)
Identification of all trust accounts required by § 19-14.8-22 and an irrevocable consent authorizing the director to review and examine the trust accounts;
(4)
Evidence of insurance in the amount of two hundred fifty thousand dollars ($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 a deductible of not more than ten thousand dollars ($10,000);
(D)
Payable to the applicant, the individuals who have agreements with the applicant, and this state, as their interests may appear; and
(E)
Not subject to cancellation by the applicant without the approval of the director;
(5)
If the applicant is a foreign corporation, proof that the applicant holds a certificate of authority to conduct affairs in this state, as required by chapter 6 of title 7; and
(6)
If the applicant is organized as a not-for-profit entity or is exempt from taxation, evidence of not-for-profit and tax-exempt status applicable to the applicant under the Internal Revenue Code, 26 U.S.C. § 501, as amended.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3; P.L. 2014, ch. 106, § 4; P.L. 2014, ch. 125, § 4.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-7. - Application for registration — Obligation to update.

§ 19-14.8-7. Application for registration — Obligation to update.
An applicant or registered provider shall notify the director within ten (10) days after a change in the information specified in § 19-14.8-5(b)(4) or (6) or § 19-14.8-6(1), (3), (6), (12), or (13).
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-8. - Application for registration — Public information.

§ 19-14.8-8. Application for registration — Public information.
Except for the information required by § 19-14.8-6(7), (14), and (17) and the addresses required by § 19-14.8-6(4), the director shall make the information in an application for registration as a provider available to the public.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-9. - Certificate of registration — Issuance or denial.

§ 19-14.8-9. Certificate of registration — Issuance or denial.
(a)
Except as otherwise provided in subsections (b) and (c), the director shall issue a certificate of registration as a provider to a person that complies with §§ 19-14.8-5 and 19-14.8-6.
(b)
The director may deny registration 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 director 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 director shall deny registration if:
(1)
The application is not accompanied by the fee established by the director; or
(2)
With respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501, 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 § 19-14.8-32(f), a board of directors is not independent for purposes of subsection (c) of this section if more than one-fourth (¼) of its members:
(1)
Are affiliates of the applicant, as defined in § 19-14.8-2(2)(a) or (2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
(2)
After the date ten (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 twenty-five thousand dollars ($25,000) in either the current year or the preceding year.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3; P.L. 2007, ch. 13, § 1; P.L. 2007, ch. 14, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-10. - Certificate of registration — Timing.

§ 19-14.8-10. Certificate of registration — Timing.
(a)
The director shall approve or deny an initial registration as a provider within one hundred twenty (120) days after an application is filed. In connection with a request pursuant to this chapter for additional information, the director may extend the one hundred twenty-day (120) period for not more than sixty (60) days. Within seven (7) days after denying an application, the director, in a record, shall inform the applicant of the reasons for the denial.
(b)
If the director denies an application for registration as a provider or does not act on an application within the time prescribed in subsection (a), the applicant may appeal and request a hearing pursuant to chapter 35 of title 42.
(c)
Subject to this chapter, § 19-14.8-11(d), and § 19-14.8-34, a registration as a provider is valid for one year.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-12. - [Repealed.]

§ 19-14.8-12. [Repealed.]
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3; repealed by P.L. 2022, ch. 338, § 8, effective June 29, 2022; repealed by P.L. 2022, ch. 339, § 8, effective June 29, 2022.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-14. - Bond required — Substitute.

§ 19-14.8-14. Bond required — Substitute.
(a)
Instead of the surety bond required by § 19-14.8-13, a provider may deliver to the director, in the amount required by § 19-14.8-13(b), and, except as otherwise provided in subsection (a)(2)(A) of this section, payable or available to this state and to individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear, if the provider or its agent does not comply with this chapter:
(1)
A certificate of insurance issued by an insurance company authorized to do business in this state and rated at least “A” by a nationally recognized rating organization, with no deductible; or
(2)
With the approval of the director:
(A)
An irrevocable letter of credit, issued or confirmed by a bank approved by the director, payable upon presentation of a certificate by the director 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 deposited and maintained with a bank approved by the director for this purpose.
(b)
If a provider furnishes a substitute pursuant to subsection (a), the provisions of § 19-14.8-13(a), (c), (d), and (e) apply to the substitute.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-15. - Requirement of good faith.

§ 19-14.8-15. Requirement of good faith.
A provider shall act in good faith in all matters under this chapter.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-16. - Customer service.

§ 19-14.8-16. 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.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-20. - Cancellation of agreement — Waiver.

§ 19-14.8-20. Cancellation of agreement — Waiver.
(a)
An individual may cancel an agreement before midnight of the third (3rd) business day after the individual assents to it, unless the agreement does not comply with subsection (b) or § 19-14.8-19 or § 19-14.8-28, in which event the individual may cancel the agreement within thirty (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
_____________ or mail or deliver a signed, dated copy of
E-mail address of provider
this notice, or any other written notice to _____________
Name of provider
at ___________ before midnight on ___________ .
Address of provider 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 one or more of the individual’s creditors before the expiration of three (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.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-21. - Required language.

§ 19-14.8-21. Required language.
Unless the director, 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.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-24. - Voluntary contributions.

§ 19-14.8-24. 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 thirty (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 § 19-14.8-23.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-25. - Voidable agreements.

§ 19-14.8-25. Voidable agreements.
(a)
If a provider imposes a fee or other charge or receives money or other payments not authorized by § 19-14.8-23 or § 19-14.8-24, the individual may void the agreement and recover as provided in § 19-14.8-35.
(b)
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.
(c)
If an individual voids an agreement under subsection (b), the provider does not have a claim against the individual for breach of contract or for restitution.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-26. - Termination of agreements.

§ 19-14.8-26. Termination of agreements.
(a)
If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement.
(b)
If 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 (65%) of any portion of the set-up fee received pursuant to § 19-14.8-23(d)(2) that has not been credited against settlement fees.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-27. - Periodic reports and retention of records.

§ 19-14.8-27. Periodic reports and retention of records.
(a)
A provider shall provide the accounting required by subsection (b):
(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 five (5) business days after a request by an individual, but the provider need not comply with more than one 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 five (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. The provider may use electronic or other means of storage of the records.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-29. - Notice of litigation.

§ 19-14.8-29. Notice of litigation.
No later than thirty (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 director in a record that it has been sued.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-30. - Advertising.

§ 19-14.8-30. Advertising.
A provider that advertises debt-management services shall disclose, in an easily comprehensible manner, the information specified in § 19-14.8-17(d)(3) and (d)(4).
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-31. - Liability for the conduct of other persons.

§ 19-14.8-31. 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 that, if done by the provider, would violate the agreement or this chapter.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.