reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.8 - Uniform Debt-Management Services Act › Section 19-14.8-32. - Powers of director or director’s designee.

§ 19-14.8-32. Powers of director or director’s designee.
(a)
The director may act on its own initiative or in response to complaints; and may receive complaints; take action to obtain voluntary compliance with this chapter; refer cases to the attorney general; and seek or provide remedies as provided in this chapter.
(b)
The director may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts, and records of a person who or that provides or offers to provide debt-management services, or a person to whom or to which a provider has delegated its obligations under an agreement or this chapter, to determine compliance with this chapter. Information that identifies individuals who have agreements with the provider shall not be disclosed to the public. In connection with the investigation, the director may:
(1)
Charge the person the reasonable expenses necessarily incurred to conduct the examination;
(2)
Require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and
(3)
Seek a court order authorizing seizure from a bank at which the person maintains a trust account required by § 19-14.8-22, any or all money, books, records, accounts, and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.
(c)
The director may adopt rules to implement the provisions of this chapter in accordance with chapter 35 of title 42.
(d)
The director may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider.
(e)
[Reserved].
(f)
The director, by rule, shall adopt dollar amounts instead of those specified in §§ 19-14.8-2, 19-14.8-5, 19-14.8-9, 19-14.8-13, 19-14.8-23, 19-14.8-33, and 19-14.8-35 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers or, if that index is not available, another index adopted by rule by the director. The director shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least ten percent (10%). The dollar amount must be rounded to the nearest one hundred dollars ($100), except that the amounts in § 19-14.8-23 must be rounded to the nearest dollar.
(g)
The director shall notify registered providers of any change in dollar amounts made pursuant to subsection (f) and make that information 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 19-14.8-33. - Administrative remedies.

§ 19-14.8-33. Administrative remedies.
(a)
The director may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:
(1)
Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations;
(2)
Ordering a provider or a person who or that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;
(3)
Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), imposing on a provider or a person who or that has caused a violation a civil penalty not exceeding ten thousand dollars ($10,000) for each violation;
(4)
Prosecuting a civil action to:
(A)
Enforce an order; or
(B)
Obtain restitution or an injunction or other equitable relief, or both;
(5)
Intervening in an action brought under § 19-14.8-35.
(b)
Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), if a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (a)(2), the director may impose a civil penalty not exceeding twenty thousand dollars ($20,000) for each violation.
(c)
The director may maintain an action to enforce this chapter in any county.
(d)
The director may recover the reasonable costs of enforcing the chapter under subsections (a) — (c), including attorney’s fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
(e)
In determining the amount of a civil penalty to impose under subsection (a) or (b), the director shall consider the seriousness of the violation; the good faith of the violator; any previous violations by the violator; the deleterious effect of the violation on the public; the net worth of the violator; and any other factor the director considers relevant to the determination of the civil penalty.
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 19-14.8-34. - Suspension, revocation or nonrenewal of registration.

§ 19-14.8-34. Suspension, revocation or nonrenewal of registration.
(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 director may suspend, revoke, or deny renewal of a provider’s registration if:
(1)
A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;
(2)
The provider has committed a material violation of this chapter or a rule or order of the director under this chapter;
(3)
The provider is insolvent;
(4)
The provider or an employee or affiliate of the provider has refused to permit the director to make an examination authorized by this chapter, failed to comply with § 19-14.8-32(b)(2) within fifteen (15) days after request, or made a material misrepresentation or omission in complying with § 19-14.8-32(b)(2); or
(5)
The provider has not responded within a reasonable time and in an appropriate manner to communications from the director.
(c)
If a provider does not comply with § 19-14.8-22(f) or if the director otherwise finds that the public health or safety or general welfare requires emergency action, the director may order a summary suspension of the provider’s registration, effective on the date specified in the order.
(d)
If the director suspends, revokes, or denies renewal of the registration of a provider, the director may seek a court order authorizing seizure of any or all of the money in a trust account required by § 19-14.8-22, books, records, accounts, and other property of the provider that are located in this state.
(e)
If the director suspends or revokes a provider’s registration, the provider may appeal and request a hearing pursuant to chapter 35 of title 42.
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 19-14.8-35. - Private enforcement.

§ 19-14.8-35. Private enforcement.
(a)
If an individual voids an agreement pursuant to § 19-14.8-25(b), 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 subsections (c)(3) and (c)(4).
(b)
If an individual voids an agreement pursuant to § 19-14.8-25(a), the individual may recover in a civil action three (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 subsection (c)(4).
(c)
Subject to subsection (d), 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 and subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), with respect to a violation of § 19-14.8-17, § 19-14.8-19, § 19-14.8-20, § 19-14.8-21, § 19-14.8-22, § 19-14.8-23, § 19-14.8-24, § 19-14.8-27, or § 19-14.8-28(a), (b), or (d), the greater of the amount recoverable under subsection (c)(1) or five thousand dollars ($5,000);
(3)
Punitive damages; and
(4)
Reasonable attorney’s fees and costs.
(d)
In a class action, except for a violation of § 19-14.8-28(a)(5), the minimum damages provided in subsection (c)(2) do not apply.
(e)
In addition to the remedy available under subsection (c), if a provider violates an individual’s rights under § 19-14.8-20, 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 two (2) business days of learning of the violation.
(g)
The director shall assist an individual in enforcing a judgment against the surety bond or other security provided under § 19-14.8-13 or § 19-14.8-14.
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 19-14.8-36. - Violation of unfair or deceptive practices statute.

§ 19-14.8-36. Violation of unfair or deceptive practices statute.
If an act or practice of a provider violates both this chapter and either chapter 13.1 of title 6, an individual may not recover under both for the same act or practice.
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 19-14.8-37. - Statute of limitations.

§ 19-14.8-37. Statute of limitations.
(a)
An action or proceeding brought pursuant to § 19-14.8-33(a), (b), or (c) must be commenced within four (4) years after the conduct that is the basis of the director’s complaint.
(b)
An action brought pursuant to § 19-14.8-35 must be commenced within two (2) 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 § 19-14.8-27(a);
(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 director with respect to a violation of the chapter.
(c)
The period prescribed in subsection (b)(5) is tolled during any period during which the provider or, if different, the defendant has materially and willfully 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.
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 19-14.8-38. - Uniformity of application and construction.

§ 19-14.8-38. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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 19-14.8-39. - Relation to Electronic Signatures in Global and National Commerce Act.

§ 19-14.8-39. 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)).
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 19-14.8-40. - Transitional provisions — Application to existing transactions.

§ 19-14.8-40. Transitional provisions — Application to existing transactions.
Transactions entered into before this chapter takes effect and the rights, duties, and interests resulting from them may be completed, terminated, or enforced as required or permitted by a law amended, repealed, or modified by this chapter as though the amendment, repeal, or modification had not occurred.
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 19-14.8-41. - Severability.

§ 19-14.8-41. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
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 19-14.8-42. - [Reserved.]

§ 19-14.8-42. [Reserved.]
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 19-14.8-43. - Official comments.

§ 19-14.8-43. Official comments.
It is the intention of the general assembly that the official comments to this chapter represent the express legislative intent of the general assembly and shall be used as a guide for interpretation of 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 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-1. - Short title.

§ 19-14.9-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Fair Debt Collection Practices Act”.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-2. - Purpose.

§ 19-14.9-2. Purpose.
The purpose of this chapter is to establish standards, by defining unfair or deceptive acts or practices, for the collection of debts from consumers within the state of Rhode Island, and to establish requirements for the registering and supervision of debt collectors.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-4. - Acquisition of location information.

§ 19-14.9-4. Acquisition of location information.
Any debt collector communicating with any person, other than the consumer, for the purpose of acquiring location information about the consumer shall:
(a)
Identify himself/herself, state that he/she is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his/her employer;
(b)
Not state that such consumer owes any debt;
(c)
Not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(d)
Not communicate by post card;
(e)
Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
(f)
After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-5. - Communication in connection with debt collection.

§ 19-14.9-5. Communication in connection with debt collection.
(1)
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt:
(a)
At any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock A.M. and before 9 o’clock P.M. local time at the consumer’s location;
(b)
If the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(c)
At the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.
(2)
Except as provided in § 19-14.9-4, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his/her attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
(3)
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except:
(a)
To advise the consumer that the debt collector’s further efforts are being terminated;
(b)
To notify the consumer that the debt collector or creditor may invoke specified remedies that are ordinarily invoked by such debt collector or creditor; or
(c)
Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
(4)
If such notice from the consumer pursuant to subsection (3) of this section is made by mail, notification shall be complete upon receipt.
(5)
For the purpose of this section, the term “consumer” shall also include the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
History of Section.
P.L. 2007, ch. 427, § 1; P.L. 2023, ch. 395, art. 2, § 7, effective June 27, 2023.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-6. - Harassment or abuse.

§ 19-14.9-6. Harassment or abuse.
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Such conduct shall include, but not be limited to:
(a)
Using or threatening to use violence or other criminal means to harm the physical person, reputation, or property of any person;
(b)
Using obscene or profane language or language the natural consequence of which is to abuse the hearer or reader;
(c)
Advertising for sale of any debt to coerce payment of the debt;
(d)
Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number; or
(e)
Except as provided in § 19-14.9-4, placing telephone calls without meaningful disclosure of the caller’s identity.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-8. - Unfair practices.

§ 19-14.9-8. Unfair practices.
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Such unfair or unconscionable means shall include, but not be limited to:
(a)
Collecting any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law;
(b)
Publishing, or causing to be published, for general circulation, the name of a consumer or any lists of consumers, or threatening to do so;
(c)
Requesting or demanding from a consumer a postdated check, draft, order for withdrawal, or other similar instrument in payment for the debt or any portion thereof, or negotiating such instrument before the due date of the instrument;
(d)
Depositing, or threatening to deposit, any postdated check or other postdated payment instrument prior to the date on such check or instrument;
(e)
Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and fees. However, this section shall not prohibit a debt collector from communicating with a consumer by way of a consumer’s wireless telephone;
(f)
Taking, or threatening to take, any nonjudicial action to effect dispossession or disablement of property if:
(1)
There is no present right to possession of the property claimed as collateral through an enforceable security interest;
(2)
There is no present intention to take possession of the property;
(3)
The property is exempt by law from such dispossession or disablement;
(g)
Communicating with a consumer regarding a debt by post card;
(h)
Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his/her business name if such name does not indicate that he/she is in the debt collection business;
(i)
Representing that an existing obligation of a consumer may be increased by the addition of attorney’s fees, investigation fees, service fees, or any other fees or charges, if in fact such fees or charges may not legally be added to the existing obligation;
(j)
Soliciting or obtaining any written statement or acknowledgment in any form containing an affirmation of any obligation by a consumer who has been adjudicated bankrupt, without clearly and conspicuously disclosing the nature and consequences of such affirmation;
(k)
Reporting to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector’s name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor’s name.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-9. - Validation of debts.

§ 19-14.9-9. Validation of debts.
(1)
Within five (5) days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication, or the consumer has paid the debt, send the consumer a written notice containing:
(a)
The amount of the debt;
(b)
The name of the creditor to whom the debt is owed;
(c)
A statement that unless the consumer, within thirty (30) days after receipt of the notice, disputes that validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(d)
A statement that if the consumer notifies the debt collector in writing within the thirty-day (30) period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(e)
A statement that, upon the consumer’s written request within the thirty-day (30) period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(2)
If the consumer notifies the debt collector in writing within the thirty-day (30) period described in subsection (1)(d) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(3)
The failure of a consumer to dispute the validity of a debt under this section shall not be construed by any court as an admission of liability by the consumer.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-10. - Multiple debts.

§ 19-14.9-10. Multiple debts.
If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt that is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer’s directions.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-11. - Furnishing certain deceptive forms.

§ 19-14.9-11. Furnishing certain deceptive forms.
It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-12. - Registration required.

§ 19-14.9-12. Registration required.
(1)
After July 1, 2008, no person shall engage within this state in the business of a debt collector, or engage in soliciting the right to collect or receive payment for another of an account, bill, or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of an account, bill, or other indebtedness, without first registering with the director, or the director’s designee.
(2)
The application for registration shall be in writing; shall contain information as the director may determine; and shall be accompanied by a registration fee of seven hundred fifty dollars ($750).
(3)
The registration shall be for a period of one year. Each registration shall plainly state the name of the registrant and the city or town with the name of the street and number, if any, of the place where the business is to be carried on; provided that the business shall at all times be conducted in the name of the registrant as it appears on the registration.
(4)
No person registered to act within this state as a debt collector shall do so under any other name or at any other place of business than that named in the registration. The registration shall be for a single location but may, with notification to the director, be moved to a different location. A registration shall not be transferable or assignable.
(5)
This section shall not apply:
(a)
To the servicer of a debt by a mortgage;
(b)
To any debt collector located out of this state, provided that the debt collector:
(i)
Is collecting debts on behalf of an out-of-state creditor for a debt that was incurred out of state; and
(ii)
Only collects debts in this state using interstate communication methods, including telephone, facsimile, or mail; or
(c)
To any regulated institution as defined under § 19-1-1, national banking association, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of this state, or any other state of the United States, or any subsidiary of the above; but except as provided herein, this section shall apply to a subsidiary or affiliate, as defined by the director, of an exempted entity and of a bank holding company established in accordance with state or federal law.
History of Section.
P.L. 2007, ch. 427, § 1; P.L. 2014, ch. 106, § 5; P.L. 2014, ch. 125, § 5; P.L. 2019, ch. 88, art. 5, § 2; P.L. 2023, ch. 395, art. 2, § 8, effective June 27, 2023.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.9 - Rhode Island Fair Debt Collection Practices Act › Section 19-14.9-14. - Severability.

§ 19-14.9-14. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
History of Section.
P.L. 2007, ch. 427, § 1.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-1. - Short title.

§ 19-14.10-1. Short title.
This chapter shall be known and may be cited as the “Secure and Fair Enforcement Mortgage Licensing Act of 2009”.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-2. - Purpose.

§ 19-14.10-2. Purpose.
The activities of mortgage loan originators and the origination or offering of financing for residential real property have a direct, valuable, and immediate impact upon Rhode Island’s consumers, Rhode Island’s economy, the neighborhoods and communities of Rhode Island, and the housing and real estate industry. The general assembly finds that accessibility to mortgage credit is vital to the state’s citizens. The general assembly also finds that it is essential for the protection of the citizens of Rhode Island and the stability of Rhode Island’s economy that reasonable standards for licensing and regulation of the business practices of mortgage loan originators be imposed. The general assembly further finds that the obligations of mortgage loan originators to consumers in connection with originating or making residential mortgage loans are such as to warrant the regulation of the mortgage lending process. The purpose of this chapter is to protect consumers seeking mortgage loans and to ensure that the mortgage lending industry is operating without unfair, deceptive, and fraudulent practices on the part of mortgage loan originators. Therefore the general assembly establishes within this chapter:
(1) System of supervision and enforcement.
An effective system of supervision and enforcement of the mortgage lending industry, including:
(i)
The authority to issue licenses to conduct business under this chapter, including the authority to write rules or regulations or adopt procedures necessary to the licensing of persons covered under this chapter.
(ii)
The authority to deny, suspend, condition, or revoke licenses issued under this chapter.
(iii)
The authority to examine, investigate, and conduct enforcement actions as necessary to carry out the intended purposes of this chapter, including the authority to subpoena witnesses and documents, enter orders, including cease and desist orders, order restitution and monetary penalties, and order the removal and ban of individuals from office or employment.
(2) Broad administrative authority.
That the director of the department of business regulation (“director”), or the director’s designee, shall have the broad administrative authority to administer, interpret, and enforce this chapter, and promulgate rules or regulations implementing this chapter, in order to carry out the intentions of the general assembly.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-5. - State license and registration application and issuance.

§ 19-14.10-5. State license and registration application and issuance.
(a)
Applicants for a license shall apply in a form as prescribed by the director, or the director’s designee. Each such form shall contain content as set forth by rule, regulation, instruction, or procedure of the director, or the director’s designee, and may be changed or updated as necessary by the director, or the director’s designee, in order to carry out the purposes of this chapter.
(b)
In order to fulfill the purposes of this chapter, the director, or the director’s designee, is authorized to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry or other entities designated by the Nationwide Mortgage Licensing System and Registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this chapter.
(c)
In connection with an application for licensing as a mortgage loan originator, the applicant shall, at a minimum, furnish to the Nationwide Mortgage Licensing System and Registry information concerning the applicant’s identity, including:
(1)
Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check; and
(2)
Personal history and experience in a form prescribed by the Nationwide Mortgage Licensing System and Registry, including the submission of authorization for the Nationwide Mortgage Licensing System and Registry and the director to obtain:
(i)
An independent credit report obtained from a consumer reporting agency described in § 603(p) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(p); and
(ii)
Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.
(d)
For the purposes of this section and in order to reduce the points of contact which the Federal Bureau of Investigation may have to maintain for purposes of this section the director, or the director’s designee, may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting information from and distributing information to the U.S. Department of Justice or any governmental agency.
(e)
For the purposes of this section, and in order to reduce the points of contact that the director, or the director’s designee, may have to maintain for purposes of this section, the director, or the director’s designee, may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the director, or the director’s designee.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-6. - Issuance of license.

§ 19-14.10-6. Issuance of license.
The director, or the director’s designee, shall not approve a mortgage loan originator license unless the director. or the director’s designee. makes at a minimum the following findings:
(1)
The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation.
(2)
The applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court:
(i)
During the seven-year (7) period preceding the date of the application for licensing and registration; or
(ii)
At any time preceding such date of application, if such felony involved an act of fraud, dishonesty, or a breach of trust, or money laundering.
(iii)
Pardon of a conviction shall not be a conviction for purposes of this subsection.
(3)
The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this chapter.
(i)
For purposes of this subsection, a person has shown that he or she is not financially responsible when he or she has shown a disregard in the management of his or her own financial condition. A determination that an individual has not shown financial responsibility may include, but not be limited to:
(i)(A)
Current outstanding judgments, except judgments solely as a result of medical expenses;
(B)
Current outstanding tax liens or other government liens and filings;
(C)
Foreclosures within the past three years;
(D)
A pattern of seriously delinquent accounts within the past three (3) years.
(4)
The applicant has completed the pre-licensing education requirement described in § 19-14.10-7.
(5)
The applicant has passed a written test that meets the test requirement described in § 19-14.10-8.
(6)
The applicant has met the net worth or surety bond requirements required pursuant to § 19-14.10-14.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3; P.L. 2010, ch. 56, § 2; P.L. 2010, ch. 64, § 2.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-7. - Pre-licensing and re-licensing education of loan originators.

§ 19-14.10-7. Pre-licensing and re-licensing education of loan originators.
(a)
In order to meet the pre-licensing education requirement referred to in this chapter, a person shall complete at least twenty (20) hours of education approved in accordance with subsection (b), which shall include at least:
(1)
Three (3) hours of Federal law and regulations;
(2)
Three (3) hours of ethics, which shall include instruction on fraud, consumer protection, and fair-lending issues;
(3)
Two (2) hours of training related to lending standards for the nontraditional mortgage product marketplace; and
(4)
Three (3) hours of Rhode Island law and regulations.
(b)
For purposes of subsection (a), pre-licensing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a pre-licensing education course shall include review and approval of the course provider.
(c)
Nothing in this section shall preclude any pre-licensing education course, as approved by the Nationwide Mortgage Licensing System and Registry that is provided by the employer of the applicant or an entity that is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity.
(d)
Pre-licensing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry.
(e)
The pre-licensing education requirements approved by the Nationwide Mortgage Licensing System and Registry for any state shall be accepted as credit towards completion of pre-licensing education requirements in Rhode Island.
(f)
A person, previously licensed under this chapter subsequent to the effective date of this chapter applying to be licensed again, must prove that they have completed all of the continuing education requirements for the year in which the license was last held.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-8. - Testing of loan originators.

§ 19-14.10-8. Testing of loan originators.
(a)
In order to meet the written test requirement referred to in this chapter, an individual shall pass, in accordance with the standards established under this subsection, a qualified written test developed by the Nationwide Multistate Licensing System and administered by a test provider approved by the Nationwide Multistate Licensing System based upon reasonable standards.
(b)
A written test shall not be treated as a qualified written test for purposes of this section unless the test adequately measures the applicant’s knowledge and comprehension in appropriate subject areas, including:
(1)
Ethics;
(2)
Federal law and regulation pertaining to mortgage origination;
(3)
State law and regulation pertaining to mortgage origination;
(4)
Federal and state law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair-lending issues.
(c)
Nothing in this section shall prohibit a test provider approved by the Nationwide Multistate Licensing System from providing a test at the location of the employer of the applicant or the location of any subsidiary or affiliate of the employer of the applicant, or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.
(d)(1)
An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than seventy-five percent (75%) correct answers to questions.
(2)
An individual may retake a test three (3) consecutive times with each consecutive taking occurring at least thirty (30) days after the preceding test.
(3)
After failing three (3) consecutive tests, an individual shall wait at least six (6) months before taking the test again.
(4)
A licensed mortgage loan originator who fails to maintain a valid license for a period of three (3) years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3; P.L. 2022, ch. 338, § 4, effective June 29, 2022; P.L. 2022, ch. 339, § 4, effective June 29, 2022.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-9. - Standards for license renewal.

§ 19-14.10-9. Standards for license renewal.
(a)
The minimum standards for license renewal for mortgage loan originators shall include the following:
(1)
The mortgage loan originator continues to meet the minimum standards for license issuance under § 19-14.10-6.
(2)
The mortgage loan originator has satisfied the annual continuing education requirements described in § 19-14.10-10.
(3)
The mortgage loan originator has paid all required fees for renewal of the license.
(b)
The license of a mortgage loan originator failing to satisfy the minimum standards for license renewal shall expire. The director, or the director’s designee, may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-11. - Authority to require license.

§ 19-14.10-11. Authority to require license.
In addition to any other duties imposed upon the director, or the director’s designee, by law, the director, or the director’s designee, shall require mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. In order to carry out this requirement the director, or the director’s designee, is authorized to participate in the Nationwide Mortgage Licensing System and Registry. For this purpose, the director, or the director’s designee, may establish by rule or regulation requirements as necessary, including but not limited to:
(1)
Background checks for:
(i)
Criminal history through fingerprint or other databases;
(ii)
Civil or administrative records;
(iii)
Credit history; or
(2)
Any other information as deemed necessary by the Nationwide Mortgage Licensing System and Registry.
(3)
The payment of fees to apply for or renew licenses through the Nationwide Mortgage Licensing System and Registry;
(4)
The setting or resetting as necessary of renewal or reporting dates; and
(5)
Requirements for amending or surrendering a license or any other such activities as the director, or the director’s designee, deems necessary for participation in the Nationwide Mortgage Licensing System and Registry.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.
2023 Rhode Island General Laws › Title 19 - Financial Institutions › Chapter 19-14.10 - An Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009 › Section 19-14.10-12. - Nationwide Mortgage Licensing System and Registry information challenge process.

§ 19-14.10-12. Nationwide Mortgage Licensing System and Registry information challenge process.
The director, or the director’s designee, shall establish a process whereby mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the director, or the director’s designee.
History of Section.
P.L. 2009, ch. 148, § 3; P.L. 2009, ch. 160, § 3.