(4) «Credit counselor» means an employee or
agent of a credit counseling organization engaging in services described in subsection (3) of this section.
Not exact matches
(1) A
credit services organization, its salespersons,
agents, and representatives, and independent contractors who sell or attempt to sell the services
of a
credit services organization may not do any
of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate
of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter
of credit, or certificate
of deposit with the division in the amount
of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance
of the services the
credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a
credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral
of the buyer to a retail seller who will or may extend
credit to the buyer, if the
credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or
counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise
of reasonable care should be known, to be untrue or misleading, to a
credit reporting agency or to any person who has extended
credit to a buyer or to whom a buyer is applying for an extension
of credit, with respect to a buyer's creditworthiness,
credit standing, or
credit capacity; (g) make or use any untrue or misleading representations in the offer or sale
of the services
of a
credit services organization or engage, directly or indirectly, in any act, practice, or course
of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale
of the services
of a
credit services organization; and (h) transact any business as a
credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter
of credit as required by Subsection (2).
A
credit repair business and its salespersons,
agents, and representatives, and independent contractors who sell or attempt to sell the services
of a
credit repair business, shall not do any
of the following: (1) Charge or receive any money or other valuable consideration prior to full and complete performance
of the services that the
credit repair business has agreed to perform for or on behalf
of the consumer; (2) Charge or receive any money or other valuable consideration solely for referral
of the consumer to a retail seller or to any other
credit grantor who will or may extend
credit to the consumer, if the
credit that is or will be extended to the consumer is upon substantially the same terms as those available to the general public; (3) Represent that it can directly or indirectly arrange for the removal
of derogatory
credit information from the consumer's
credit report or otherwise improve the consumer's
credit report or
credit standing, provided, this shall not prevent truthful, unexaggerated statements about the consumer's rights under existing law regarding his
credit history or regarding access to his
credit file; (4) Make, or
counsel or advise any consumer to make, any statement that is untrue or misleading and which is known or which by the exercise
of reasonable care should be known, to be untrue or misleading, to a consumer reporting agency or to any person who has extended
credit to a consumer or to whom a consumer is applying for an extension
of credit, with respect to a consumer's creditworthiness,
credit standing, or
credit capacity; or (5) Make or use any untrue or misleading representations in the offer or sale
of the services
of a
credit repair business or engage, directly or indirectly, in any act, practice, or course
of business which operates or would operate as a fraud or deception upon any person in connection with the offer or sale
of the services
of a
credit repair business.
Lead
counsel to Richardson International Limited in the negotiation
of complex syndicated
credit facilities with a syndicate
of nine lenders, led by Canadian Imperial Bank
of Commerce, as sole lead arranger, bookrunner and administrative
agent, and The Bank
of Nova Scotia, The Toronto - Dominion Bank, Royal Bank
of Canada and Rabobank Nederland, Canadian Branch, as co-documentation
agents, in connection with the opening
of the market for wheat and barley sales in Canada following the removal
of the Canadian Wheat Board's legislated monopoly
The Bureau received over 2,800 comments on the TILA - RESPA proposal during the comment period from, among others, consumer advocacy groups; national, State, and regional industry trade associations; banks; community banks;
credit unions; financial companies; mortgage brokers; title insurance underwriters; title insurance
agents and companies; settlement
agents; escrow
agents; law firms; document software companies; loan origination software companies; appraisal management companies; appraisers; State housing finance authorities,
counseling associations, and intermediaries; State attorneys general; associations
of State financial services regulators; State bar associations; government sponsored enterprises (GSEs); a member
of the U.S. Congress; the Committee on Small Business
of the U.S. House
of Representatives; Federal agencies, including the staff
of the Bureau
of Consumer Protection, the Bureau
of Economics, and the Office
of Policy Planning
of the Federal Trade Commission (FTC staff), and the Office
of Advocacy
of the Small Business Administration (SBA); and individual consumers and academics.