(a) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this State at the time of the agreement.
(b) This chapter does not apply to a provider to the extent that the provider:
(1) Provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this State at the time the provider agrees to provide the services; or
(2) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors.
(c) This chapter does not apply to 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:
(1) A judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors;
(2) A bank;
(3) An affiliate, as defined in § 2402A(1)(B)(i) of this title, of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or
(4) 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.
Structure Delaware Code
Chapter 24A. DEBT-MANAGEMENT SERVICES
§ 2403A. Exempt agreements and persons.
§ 2405A. Application for license — Form, fee, and accompanying documents.
§ 2406A. Application for license — Required information.
§ 2407A. Application for license — Obligation to update information.
§ 2408A. Application for license — Public information.
§ 2409A. License — Issuance or denial.
§ 2412A. License in another state.
§ 2414A. Bond required — Substitute.
§ 2415A. Requirement of good faith.
§ 2417A. Prerequisites for providing debt-management services.
§ 2418A. Communication by electronic or other means.
§ 2419A. Form and contents of agreement.
§ 2420A. Cancellation of agreement; waiver.
§ 2423A. Fees and other charges.
§ 2424A. Voluntary contributions.
§ 2426A. Termination of agreements.
§ 2427A. Periodic reports and retention of records.
§ 2428A. Prohibited acts and practices.
§ 2429A. Notice of litigation.
§ 2431A. Liability for the conduct of other persons.
§ 2432A. Powers of Attorney General.
§ 2433A. Administrative remedies.
§ 2434A. Suspension, revocation, or nonrenewal of license.
§ 2436A. Violation of unfair or deceptive practices statute.
§ 2437A. Statute of limitations.
§ 2438A. Uniformity of application and construction.
§ 2439A. Relation to Electronic Signatures in Global and National Commerce Act.