§ 7-35 — Fees permitted

(a) In addition to the EISA obligation permitted by this Act, an EISA provider may contract for and receive the following additional charges: (1) government fees and taxes; (2) a fee, which shall not exceed the sum of $25, for a failure to provide documentation to the EISA provider for the confirmation and reconciliation of the consumer's income within 30 days after the date on which such documentation is due, as reflected in the written notice to the consumer; (3) a fee for processing any forms to confirm the consumer's income with the United States Internal Revenue Service or a state department of revenue or taxation on a dollar-for-dollar, pass-through basis of the expenses incurred by the EISA provider; (4) a late payment fee in the amount of $15 or 5% of the late payment, whichever is less, for any payment that is more than 15 days past due; no late payment fee may be charged more than once per late payment; (5) an amount not exceeding $25, plus any actual expenses incurred in connection with a check or draft that is not honored because of insufficient or uncollected funds or because no such account exists; and (6) other fees authorized by the Secretary. In determining whether to authorize a charge, the Secretary shall consider whether the charge benefits the consumer and is reasonable. (b) Before or after default in payment of a scheduled payment of an EISA, the parties to the EISA may agree in writing to a deferral of all or part of one or more unpaid payments and the EISA provider may make, at the time of deferral and receive at that time or at any time thereafter, a deferral charge not exceeding an amount equal to 5% of the missed payment, except that this subsection (b) shall not apply to voluntary payment relief pauses.

Legislative History

(Source: P.A. 104-383, eff. 8-15-25.)