(2) The terms and conditions
of payment, including the total
of all payments to be made by the
consumer, whether to the credit repair business or to some other person; (3) A complete and detailed description
of the services to be
performed and the results to be achieved by the credit repair business for or
on behalf of the
consumer, including all guarantees and all promises
of full or partial refunds and a list
of the adverse information appearing
on the
consumer's credit report that the credit repair business expects to have modified; (4) The principal business address
of the credit repair business and the name and address
of its agent in this State authorized to receive service
of process; and (5) One
of the following statements, as appropriate, in substantially the following form: a. «As required by North Carolina law, this credit repair business has secured a bond by..........
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.
The following are deceptive acts: (1) To charge or receive money or other valuable consideration before the complete performance
of services that a credit services organization has agreed to
perform for or
on behalf of a
consumer, unless the credit services organization has under section 8
of this chapter: (A) obtained a surety bond issued by a surety company admitted to do business in Indiana; or (B) established an irrevocable letter
of credit.
Charge or receive any money or other valuable consideration prior to full and complete performance
of the services that the credit services business has agreed to
perform for or
on behalf of the
consumer, unless the
consumer has agreed to pay for such services during the term
of a written subscription agreement that provides for the
consumer to make periodic payments during the agreement's term in consideration for the credit services business's ongoing performance
of services for or
on behalf of the
consumer, provided that such subscription agreement may be cancelled at any time by the
consumer;