§ 47-18-5503 — Exempt agreements and persons

This part does not apply to: (1) An agreement with an individual whom the provider has no reason to know resides in this state at the time of the agreement; (2) A provider to the extent that the provider: (A) Provides or agrees to provide debt-management, educational or counseling services to an individual whom the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or (B) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors; or (3) 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: (A) A judicial officer, a person acting under an order of a court or an administrative agency or an assignee for the benefit of creditors; (B) A bank; (C) An affiliate, as defined in § 47-18-5502 , of a bank if the affiliate is regulated by a federal or state banking regulatory authority; (D) Any person who is engaged in the credit services business as defined in § 47-18-1002 but is not engaged in the business of debt counseling, debt management or debt settlement as defined by this part; provided, that the person is registered as a credit services business with the administrator; or (E) 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.

Legislative History

Acts 2009, ch. 469, § 1.