47-18-5503 - Exempt agreements and persons. [Effective July 1, 2010.]
47-18-5503. Exempt agreements and persons. [Effective July 1, 2010.]
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(a) 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.
[Acts 2009, ch. 469, § 1.]