(1) Purchase a debt or obligation of the individual;
(2) Receive from or on behalf of the individual:
(A) A promissory note or other negotiable instrument other than a check or a demand draft; or
(B) A post-dated check or demand draft;
(3) Lend money or provide credit to the individual, except as a deferral of a settlement fee at no additional expense to the individual;
(4) Obtain a mortgage or other security interest from any person in connection with the services provided to the individual;
(5) Except as permitted by federal law, disclose the identity or identifying information of the individual or the identity of the individual's creditors, except to:
(A) The administrator, upon proper demand;
(B) A creditor of the individual, to the extent necessary to secure the cooperation of the creditor in a plan; or
(C) The extent necessary to administer the plan;
(6) Except as otherwise provided in section 5-19-223 (d)(2), provide the individual less than the full benefit of a compromise of a debt arranged by the provider;
(7) Charge the individual for or provide credit or other insurance, coupons for goods or services, membership in a club, access to computers or the internet, or any other matter not directly related to debt-management services or educational services concerning personal finance; or
(8) Furnish legal advice or perform legal services, unless the person furnishing that advice to or performing those services for the individual is licensed to practice law.
(1) Owns more than ten percent of the person; or
(2) Is an employee or affiliate of the person.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1161, § 4, effective August 9.
Editor's note: This section is similar to former § 12-14.5-228 as it existed prior to 2017.
Structure Colorado Code
Title 5 - Consumer Credit Code
Article 19 - Debt-Management Services
Part 2 - Uniform Debt-Management Services Act
§ 5-19-203. Exempt Agreements and Persons
§ 5-19-204. Registration Required
§ 5-19-205. Application for Registration - Form, Fee, and Accompanying Documents
§ 5-19-206. Application for Registration - Required Information
§ 5-19-206.5. Name-Based Criminal History Record Check
§ 5-19-207. Application for Registration - Obligation to Update Information
§ 5-19-208. Application for Registration - Public Information
§ 5-19-209. Certificate of Registration - Issuance or Denial
§ 5-19-210. Certificate of Registration - Timing
§ 5-19-211. Renewal of Registration
§ 5-19-212. Registration in Another State
§ 5-19-214. Bond Required - Substitute
§ 5-19-215. Good Faith Requirement
§ 5-19-217. Prerequisites for Providing Debt-Management Services
§ 5-19-218. Communication by Electronic or Other Means - Definitions
§ 5-19-219. Form and Contents of Agreement
§ 5-19-220. Cancellation of Agreement - Waiver
§ 5-19-223. Fees and Other Charges
§ 5-19-224. Voluntary Contributions
§ 5-19-225. Voidable Agreements
§ 5-19-226. Termination of Agreements
§ 5-19-227. Periodic Reports - Retention of Records
§ 5-19-228. Prohibited Acts and Practices
§ 5-19-229. Notice of Litigation
§ 5-19-231. Liability for the Conduct of Other Persons
§ 5-19-232. Powers of Administrator - Rules
§ 5-19-233. Administrative and Legal Remedies
§ 5-19-234. Suspension, Revocation, or Nonrenewal of Registration - Definitions
§ 5-19-235. Private Enforcement
§ 5-19-236. Violation of Unfair or Deceptive Practices Statute
§ 5-19-237. Statute of Limitations
§ 5-19-238. Uniformity of Application and Construction
§ 5-19-239. Relation to Federal "Electronic Signatures in Global and National Commerce Act"
§ 5-19-240. Transitional Provisions - Application to Existing Transactions