§ 13-11-20 — Cancellation of contract and right to fee and settlement fund refunds

North Dakota § 13-11-20

• Jurisdiction: North Dakota
• Title 13: Debtor and Creditor Relationship
• Ch. 13-11: Debt-Settlement Providers

Text

1. A consumer may cancel a contract with a debt-settlement provider at any time before
the debt-settlement provider has performed fully each service the debt-settlement
provider contracted to perform or represented that the debt-settlement provider would
perform.
2. If a consumer cancels a contract with a debt-settlement provider, or at any time upon a
material violation of this chapter on the part of the debt-settlement provider, the
debt-settlement provider shall refund all fees and compensation, with the exception of
the application fee and any earned settlement fee, as well as all funds paid by the
consumer to the debt-settlement provider that have accumulated in a consumer
settlement account and that the debt-settlement provider has not disbursed to
creditors. Upon cancellation, all powers of attorney and direct debit authorizations
granted to the debt-settlement provider by the consumer are considered revoked and
voided.
3. A debt-settlement provider shall make any refund required under this section within
seven days after the notice of cancellation and shall include with the refund a full
statement of account showing fees received, fees refunded, savings held, payments to
creditors, settlement fees earned, if any, and savings refunded.
4. Upon the cancellation of a contract under this section, the debt-settlement provider
shall provide timely notice of the cancellation of the contract to each of the creditors
with whom the debt-settlement provider has had any prior communication on behalf of
the consumer in connection with the provision of any debt-settlement service.