Each licensee shall: (1) Provide the debtor with a written agreement that sets forth the services to be provided by the licensee and any fees to be charged for such services; (2) provide individualized credit counseling and budgeting assistance to the debtor without charge prior to entering into a written agreement with the debtor; (3) determine that the debtor has the financial ability to make the payments stated in the written agreement and that the payments stated in the written agreement are suitable for the debtor; (4) contact each creditor of the debtor to determine whether such creditors will accept payment of the debtor's debts as contemplated by the written agreement; (5) keep complete and adequate records during the term of the written agreement and for a period of seven years from the date of cancellation or completion of the written agreement with each debtor, which records shall contain complete information regarding the written agreement, extensions thereof, payments, disbursements and charges, and shall be open to inspection by the commissioner during normal business hours; (6) make remittances to creditors within a reasonable time after receipt of any funds, less prorated fees and costs, unless the reasonable payment of one or more of the debtor's obligations requires that such funds be held for a longer period so as to accumulate a sum certain; and (7) furnish the debtor a written statement of the debtor's account periodically, and no less than quarterly, and not later than the date ninety days after the date of completion of the adjustment of the debtor's debts, and shall furnish the debtor a verbal accounting at any time the debtor may request it during normal business hours.
(1967, P.A. 882, S. 12; P.A. 79-160, S. 6; P.A. 94-122, S. 299, 340; P.A. 09-208, S. 25.)
History: P.A. 79-160 required that remittances to creditors be made “within a reasonable time” rather than within 10 days, required that statement of account be likewise made within reasonable time after debtor requests it and in all cases within 90 days after adjustment completed rather than made each 90 days and deleted former Subsecs. (b) and (c) which required that budget analysis indicate debtor can meet requirements and that debtors have full benefit of any compromise of debt arranged by a licensee with any one or more creditors; P.A. 94-122 deleted “and his duly appointed agents” from Subdiv. (1) and changed “his” to “the debtor's” in Subdiv. (2), effective January 1, 1995; Sec. 36-375 transferred to Sec. 36a-660 in 1995; P.A. 09-208 added new Subdivs. (1) to (4) re licensee's duties, redesignated existing Subdivs. (1) to (3) as Subdivs. (5) to (7), amended redesignated Subdiv. (7) to require licensee to furnish debtor with written statement of the debtor's account no less than quarterly, changed “contract” to “written agreement” throughout, and made technical changes.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Chapter 669 - Regulated Activities
Section 36a-645. (Formerly Sec. 36-243a). - Definitions.
Section 36a-646. (Formerly Sec. 36-243b). - Prohibited acts.
Section 36a-647. (Formerly Sec. 36-243c). - Enforcement powers of commissioner. Regulations.
Section 36a-655. (Formerly Sec. 36-364). - Definitions.
Section 36a-660. (Formerly Sec. 36-375). - Licensee's duties. Written agreement required.
Section 36a-661. (Formerly Sec. 36-376). - Prohibited acts.
Section 36a-661a. - Written agreement voidable. Licensee claims for restitution.
Section 36a-662. (Formerly Sec. 36-377). - Regulations.
Section 36a-663. (Formerly Sec. 36-378). - Exceptions.
Section 36a-665. (Formerly Sec. 36-381). - Penalties.
Section 36a-671c. - Exceptions.
Section 36a-671e. - Requirements re mortgage loan originator license.
Section 36a-671f. - Prohibited practices.
Section 36a-675. (Formerly Sec. 36-416). - Short title: Connecticut Truth-in-Lending Act.
Section 36a-676. (Formerly Sec. 36-393). - Definitions.
Section 36a-677. (Formerly Sec. 36-393a). - State policy.
Section 36a-679. (Formerly Sec. 36-395). - Regulations.
Section 36a-680. (Formerly Sec. 36-398). - Effect of inconsistent law.
Section 36a-681. (Formerly Sec. 36-399). - Penalty.
Section 36a-684. (Formerly Sec. 36-414). - Enforcement. Disclosure errors and adjustments.
Section 36a-685. (Formerly Sec. 36-415). - Unenforceable agreements.
Section 36a-686. - Civil penalty. Liability.
Section 36a-695. (Formerly Sec. 36-431). - Definitions.
Section 36a-696. (Formerly Sec. 36-432). - Disclosure to consumer of information re credit report.
Section 36a-697. (Formerly Sec. 36-433). - Exceptions.
Section 36a-698. (Formerly Sec. 36-434). - Regulations.
Section 36a-699. (Formerly Sec. 36-435). - Penalty.
Section 36a-699a. - Written summary of consumer's rights.
Section 36a-699b. - Dispute by consumer re completeness or accuracy of information.
Section 36a-699c. - Procedures by credit rating agency to assure accuracy.
Section 36a-699d. - Credit report for use in credit transaction not initiated by consumer.
Section 36a-699e. - Existing consent judgment or settlement with Attorney General.
Section 36a-699f. - Blocking of information appearing on credit report as result of identity theft.
Section 36a-701. - Security freeze on credit report: Definitions.
Section 36a-701c. - Regulations.
Section 36a-705. (Formerly Sec. 36-442). - Definitions.
Section 36a-706. (Formerly Sec. 36-442a). - Mortgage rate lock-in.
Section 36a-707. (Formerly Sec. 36-442b). - Applicant's remedies.
Section 36a-708. - Prohibited acts by mortgage brokers.
Section 36a-715. (Formerly Sec. 36-442m). - Definitions.
Section 36a-716. (Formerly Sec. 36-442n). - Escrow accounts.
Section 36a-717. (Formerly Sec. 36-442o). - Penalties.
Section 36a-718. (Formerly Sec. 36-442p). - Licenses required. Exemptions.
Section 36a-719b. - Expiration of license. Application for renewal. Fees.
Section 36a-719d. - Records to be maintained by licensee.
Section 36a-719e. - Disclosure of notice and schedule of ranges and categories of costs and fees.
Section 36a-719f. - Compliance with federal laws and regulations.
Section 36a-719g. - Fee schedule. Imposition of late fee or delinquency charge.
Section 36a-719k. - Regulations.
Section 36a-719l. - Exemptions.
Section 36a-725. (Formerly Sec. 36-442aa). - Definitions.
Section 36a-726. (Formerly Sec. 36-442bb). - Disclosure required.
Section 36a-735. (Formerly Sec. 36-443). - Short title: Home Mortgage Disclosure Act.
Section 36a-736. (Formerly Sec. 36-444). - Definitions.
Section 36a-738. (Formerly Sec. 36-446). - Disclosure requirements for financial institutions.
Section 36a-739. (Formerly Sec. 36-448). - Reports by financial institutions. Filing requirements.
Section 36a-741. (Formerly Sec. 36-451). - Cease and desist order. Enforcement action.
Section 36a-743. (Formerly Sec. 36-454). - Commissioner to analyze home financing.
Section 36a-744. (Formerly Sec. 36-455). - Regulations.
Section 36a-746. - Short title: Connecticut Abusive Home Loan Lending Practices Act.
Section 36a-746a. - Definitions.
Section 36a-746b. - Disclosures.
Section 36a-746c. - Prohibited provisions in loan agreement.
Section 36a-746d. - Report of payment history.
Section 36a-746e. - Prohibited acts by lender.
Section 36a-746f. - Purchase of insurance by buyer.
Section 36a-746g. - Refund or credit of charges.
Section 36a-755. (Formerly Sec. 36-9h). - Mortgage appraisal practices. Definitions. Regulations.
Section 36a-757. (Formerly Sec. 36-9u). - Mortgage insurance requirements limited.
Section 36a-760. - Nonprime home loans: Definitions; applicability.
Section 36a-760a. - Duties of lenders and mortgage brokers relating to nonprime home loans.
Section 36a-760b. - Analysis of obligor's ability to pay.
Section 36a-760d. - Requirements for making nonprime home loans.
Section 36a-760e. - Restrictions on provisions in nonprime home loans.
Section 36a-760h. - Additional duties of mortgage brokers.
Section 36a-760i. - Court action based on lender's failure to comply with statutory requirements.
Section 36a-760j. - Prohibition against influencing real estate appraisals.
Section 36a-771. (Formerly Sec. 42-84). - General contract requirements.
Section 36a-773. (Formerly Sec. 42-86). - Insurance.
Section 36a-774. (Formerly Sec. 42-87). - Installment loan contract requirements.
Section 36a-775. (Formerly Sec. 42-88). - Confession of judgment provision invalid.
Section 36a-776. (Formerly Sec. 42-89). - Inclusion of other goods in contract void.
Section 36a-777. (Formerly Sec. 42-90). - Acknowledgment of receipt of notice and statement.
Section 36a-778. (Formerly Sec. 42-91). - Delinquency and collection charges.
Section 36a-779. (Formerly Sec. 42-92). - Assignment of contract.
Section 36a-780. (Formerly Sec. 42-93). - Payments after assignment.
Section 36a-781. (Formerly Sec. 42-94). - Statement of payments made. Receipts.
Section 36a-782. (Formerly Sec. 42-95). - Cancellation of contract on payment in full.
Section 36a-783. (Formerly Sec. 42-96). - Rebate and refund upon prepayment of contract.
Section 36a-784. (Formerly Sec. 42-97). - Renewals and extensions.
Section 36a-785. (Formerly Sec. 42-98). - Foreclosure.
Section 36a-786. (Formerly Sec. 42-99). - Recovery of charges barred by wilful violations.
Section 36a-787. (Formerly Sec. 42-100). - Penalty.
Section 36a-788. (Formerly Sec. 42-100a). - Enforcement action.
Section 36a-800. (Formerly Sec. 42-127). - Consumer collection agency. Definitions.
Section 36a-801a. - Persons engaged in business of collecting child support.
Section 36a-801b. - Collection of child support. Written agreement.
Section 36a-805. (Formerly Sec. 42-131). - Prohibited practices. Exception.
Section 36a-807. (Formerly Sec. 42-131b). - Liability.
Section 36a-808. (Formerly Sec. 42-131c). - Unfair or deceptive practices. Enforcement action.
Section 36a-809. (Formerly Sec. 42-131d). - Commissioner's powers. Regulations.
Section 36a-810. (Formerly Sec. 42-133a). - Penalty.
Section 36a-811. - Maintenance of consumer debtor and creditor records.
Section 36a-812. - Compliance with Fair Debt Collection Practices Act.
Section 36a-813. - Evidence in cause of action for purchased debt owed by consumer debtor.
Section 36a-830. - Exchange facilitator. Definitions.
Section 36a-831. - Change in control of exchange facilitator. Notification to clients.
Section 36a-832. - Fidelity bond. Deposit of exchange funds.
Section 36a-834. - Regulations. Damage claims.
Section 36a-835. - Holding and investment of exchange funds.
Section 36a-836. - Prohibited activities of exchange facilitators.
Section 36a-837. - Civil action. Notice.
Section 36a-846. - Definitions.
Section 36a-847b. - Exemptions.
Section 36a-849. - Records to be maintained by licensee.
Section 36a-850. - Prohibited activities of student loan servicers and control persons.
Section 36a-853. - Compliance with federal laws and regulations.
Section 36a-854. - Regulations.
Section 36a-855. - Action for damages, fees, costs and equitable relief. Class actions.