Section 28-4603 - Prohibited acts

Prohibited acts

A consumer credit service organization shall not:

(1) Charge or receive money or other valuable consideration prior to completion of the services the consumer credit service organization has agreed to perform for a consumer, unless the consumer credit service organization has obtained a surety bond or established a trust account as required by § 28-4604;

(2) Charge or receive money or other valuable consideration solely for referral of a consumer to a retail seller who may extend credit to the consumer if the credit that is to be extended to the consumer is based upon substantially the same terms as credit available to the general public;

(3) Make any statement or counsel or advise a consumer to make any statement regarding the consumer's creditworthiness, credit standing, or credit capacity that the consumer credit service organization knows or reasonably should have known is false or misleading to the following:

(A) A credit reporting agency;

(B) A person who has extended credit to a consumer; or

(C) A person to whom a consumer is applying for an extension of credit;

(4) In connection with the offer or sale of the services:

(A) Make or use a false or misleading representation;

(B) Fail to disclose a material fact, policy, or method; or

(C) Directly or indirectly engage in an act or course of business to defraud or deceive a consumer;

(5) Make or use as a part of its trade name, or employ in any communication, correspondence, notice, advertisement, circular, or other writing or publication, the word “repair” in a manner that reasonably conveys the impression or belief that the organization is able to provide a consumer with an immediate correction or rehabilitation of the consumer's credit problem;

(6) Attempt to waive any provision of this chapter or coerce, influence, or direct a consumer to waive any provision of this chapter or any rule issued pursuant to this chapter; or

(7) Fail or refuse to comply with any provision of this chapter or any rule issued pursuant to this chapter.

CREDIT(S)

(Mar. 8, 1991, D.C. Law 8-236, § 4, 38 DCR 306; Apr. 9, 1997, D.C. Law 11-255, § 27(gg), 44 DCR 1271.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 28-4603.
Legislative History of Laws
For legislative history of D.C. Law 8-236, see Historical and Statutory Notes following § 28-4601.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 28-4602.

Current through September 13, 2012