(a) A debt negotiator shall provide to each debtor a contract that shall include a complete, detailed list of services to be performed, the costs of such services and the results to be achieved. Each debt negotiation service contract shall contain (1) a statement certifying that the person offering debt negotiation services has reviewed the consumer's debt, and (2) an individualized evaluation of the likelihood that the proposed debt negotiation services would reduce the consumer's debt or debt service or, if appropriate, prevent the consumer's residential home from being foreclosed. Each contract shall allow the consumer to cancel or rescind such contract within three business days after the date on which the consumer signed the contract. Such contract shall contain a clear and conspicuous caption that shall read, “Debtor's three-day right to cancel”, along with the following statement: “If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to the address specified below. The notice shall state that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract.” As used in this section, “business day” has the same meaning as provided in section 42-134a.
(b) No person offering debt negotiation services may receive a fee, commission or other valuable consideration for the performance of any service the person offering debt negotiation services has agreed to perform for any consumer until the person offering debt negotiation services has fully performed such service. A person offering debt negotiation services may receive reasonable periodic payments as services are rendered, provided such payments are clearly stated in the contract. The commissioner may establish a schedule of maximum fees that a debt negotiator may charge for specific services.
(c) Any contract that does not comply with the provisions of this section shall be voidable by the consumer.
(P.A. 09-208, S. 32; P.A. 14-122, S. 160.)
History: P.A. 14-122 made technical changes in Subsec. (a).
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.