Rhode Island General Laws
Chapter 19-14.8 - Uniform Debt-Management Services Act
Section 19-14.8-18. - Communication by electronic or other means.

§ 19-14.8-18. Communication by electronic or other means.
(a) In this section:
(1) “Federal act” means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., as amended.
(2) “Consumer” means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes.
(b) A provider may satisfy the requirements of §§ 19-14.8-17, 19-14.8-19, or 19-14.8-27 by means of the internet or other electronic means if the provider obtains a consumer’s consent in the manner provided by § 101(c)(1) of the federal act.
(c) The disclosures and materials required by §§ 19-14.8-17, 19-14.8-19, and 19-14.8-27 shall be presented in a form that is capable of being accurately reproduced for later reference.
(d) With respect to disclosure by means of an internet website, the disclosure of the information required by § 19-14.8-17(d) must appear on one or more screens that:
(1) Contain no other information; and
(2) The individual must see before proceeding to assent to formation of a plan.
(e) At the time of providing the materials and agreement required by § 19-14.8-17(c) and (d), § 19-14.8-19, and § 19-14.8-27, a provider shall inform the individual that upon electronic, telephonic, or written request, it will send the individual a written copy of the materials, and shall comply with a request as provided in subsection (f).
(f) If a provider is requested, before the expiration of ninety (90) days after a plan is completed or terminated, to send a written copy of the materials required by § 19-14.8-17(c) and (d), § 19-14.8-19, or § 19-14.8-27, the provider shall send them at no charge within three (3) business days after the request, but the provider need not comply with a request more than once per calendar month or if it reasonably believes the request is made for purposes of harassment. If a request is made more than ninety (90) days after a plan is completed or terminated, the provider shall send within a reasonable time a written copy of the materials requested.
(g) A provider that maintains an internet website shall disclose on the home page of its website or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals its contents:
(1) Its name and all names under which it does business;
(2) Its principal business address, telephone number, and electronic-mail address, if any; and
(3) The names of its principal officers.
(h) Subject to subsection (i), if a consumer who has consented to electronic communication in the manner provided by section 101 of the federal act withdraws consent as provided in the federal act, a provider may terminate its agreement with the consumer.
(i) If a provider wishes to terminate an agreement with a consumer pursuant to subsection (h), it shall notify the consumer that it will terminate the agreement unless the consumer, within thirty (30) days after receiving the notification, consents to electronic communication in the manner provided in § 101(c) of the federal act. If the consumer consents, the provider may terminate the agreement only as permitted by § 19-14.8-19(a)(6)(G).
History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 19 - Financial Institutions

Chapter 19-14.8 - Uniform Debt-Management Services Act

Section 19-14.8-1. - Short title.

Section 19-14.8-2. - Definitions.

Section 19-14.8-3. - Exempt agreements and person.

Section 19-14.8-4. - Registration required.

Section 19-14.8-5. - Application for registration — Form, fee and accompanying documents.

Section 19-14.8-6. - Application for registration — Required information.

Section 19-14.8-7. - Application for registration — Obligation to update.

Section 19-14.8-8. - Application for registration — Public information.

Section 19-14.8-9. - Certificate of registration — Issuance or denial.

Section 19-14.8-10. - Certificate of registration — Timing.

Section 19-14.8-11. - Renewal of registration.

Section 19-14.8-12. - [Repealed.]

Section 19-14.8-13. - Bond required.

Section 19-14.8-14. - Bond required — Substitute.

Section 19-14.8-15. - Requirement of good faith.

Section 19-14.8-16. - Customer service.

Section 19-14.8-17. - Prerequisites for providing debt-management services.

Section 19-14.8-18. - Communication by electronic or other means.

Section 19-14.8-19. - Form and content of agreement.

Section 19-14.8-20. - Cancellation of agreement — Waiver.

Section 19-14.8-21. - Required language.

Section 19-14.8-22. - Trust account.

Section 19-14.8-23. - Fees and other charges.

Section 19-14.8-24. - Voluntary contributions.

Section 19-14.8-25. - Voidable agreements.

Section 19-14.8-26. - Termination of agreements.

Section 19-14.8-27. - Periodic reports and retention of records.

Section 19-14.8-28. - Prohibited acts and practices.

Section 19-14.8-29. - Notice of litigation.

Section 19-14.8-30. - Advertising.

Section 19-14.8-31. - Liability for the conduct of other persons.

Section 19-14.8-32. - Powers of director or director’s designee.

Section 19-14.8-33. - Administrative remedies.

Section 19-14.8-34. - Suspension, revocation or nonrenewal of registration.

Section 19-14.8-35. - Private enforcement.

Section 19-14.8-36. - Violation of unfair or deceptive practices statute.

Section 19-14.8-37. - Statute of limitations.

Section 19-14.8-38. - Uniformity of application and construction.

Section 19-14.8-39. - Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-14.8-40. - Transitional provisions — Application to existing transactions.

Section 19-14.8-41. - Severability.

Section 19-14.8-42. - [Reserved.]

Section 19-14.8-43. - Official comments.