2020 Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 29. Debt Management Companies
28-1-29-8. Agreement Between Licensee and Debtor; Contents; Delivery of Electronic Record; Debtor's Right to Terminate; Creditor's Decision to Reject or Withdraw From Plan; Notice to Creditors; Payments; Budget Analysis; Term of Agreement; Carrying on Other Business; Toll Free Communication System; Good Faith

Sec. 8. (a) An agreement between a licensee and a debtor must:

(1) be in a written form;

(2) be dated and signed by the licensee and the debtor;

(3) include the name of the debtor and the address where the debtor resides;

(4) include the name, business address, and telephone number of the licensee;

(5) be delivered to the debtor immediately upon formation of the agreement; and

(6) disclose the following:

(A) The services to be provided.

(B) The amount or method of determining the amount of all fees and charges, individually itemized, to be paid by the debtor.

(C) The schedule of payments to be made by or on behalf of the debtor, including the amount of each payment, the date on which each payment is due, and an estimate of the date of the final payment.

(D) If a plan provides for regular periodic payments to creditors:

(i) each creditor of the debtor to which payment will be made, the amount owed to each creditor, and any concessions the licensee reasonably believes each creditor will offer; and

(ii) the schedule of expected payments to each creditor, including the amount of each payment and the date on which the payment will be made.

(E) Each creditor that the licensee believes will not participate in the plan and to which the licensee will not direct payment.

(F) The manner in which the licensee will comply with the licensee's obligations under section 9(k) of this chapter.

(G) That:

(i) the licensee may terminate the agreement for good cause, upon return of unexpended money of the debtor; and

(ii) the debtor may contact the department with any questions or complaints regarding the licensee.

(H) The address, telephone number, and Internet address or web site of the department.

(I) That the debtor has a right to terminate the agreement at any time without penalty (notwithstanding the close-out fee as permitted by section 8.3(d) of this chapter) or obligation.

(J) That the debtor authorizes any bank insured by the Federal Deposit Insurance Corporation in which the licensee or the licensee's agent has established a trust account to disclose to the department any financial records relating to the trust account.

(K) That the licensee shall notify the debtor within five (5) days after learning of a creditor's final decision to reject or withdraw from a plan under the agreement.

(b) For purposes of subsection (a)(5), delivery of an electronic record occurs when:

(1) the record is made available in a format in which the debtor may retrieve, save, and print the record; and

(2) the debtor is notified that the record is available.

(c) A debtor may exercise the debtor's right to terminate the agreement at any time without penalty (notwithstanding the close-out fee as permitted by section 8.3(d) of this chapter) or obligation, as described in subsection (a)(6)(I), by giving the licensee written or electronic notice, in which event:

(1) the licensee shall:

(A) refund all unexpended money that the licensee or the licensee's agent has received from or on behalf of the debtor for the reduction or satisfaction of the debtor's debt; and

(B) notify immediately in writing all creditors in the debt management plan of the cancellation by the contract debtor; and

(2) all powers of attorney granted by the debtor to the licensee are revoked and ineffective.

(d) A licensee's notice of a creditor's final decision to reject or withdraw from a plan under the agreement, as described in subsection (a)(6)(K) must include:

(1) the identity of the creditor; and

(2) a statement that the debtor has the right to modify or terminate the agreement.

(e) All creditors included in the plan must be notified of the contract debtor's and licensee's relationship.

(f) A licensee shall give to the contract debtor a dated receipt for each payment, at the time of the payment, unless the payment is made by check, money order, or automated clearinghouse withdrawal as authorized by the contract debtor.

(g) A licensee may not enter into an agreement with a debtor unless the licensee does the following:

(1) Conducts a thorough, written budget analysis of the debtor.

(2) Determines, based on the analysis of the information provided by the debtor or otherwise available to the licensee, that:

(A) a debt management plan is a suitable solution for the debtor; and

(B) the debtor can reasonably meet the payments required under a proposed debt management plan.

(3) If:

(A) the licensee has made a determination described in subdivision (2)(A); and

(B) the debtor's current monthly expense and debt payments exceed the debtor's net income;

establishes a written plan that supplements the debt management plan and specifies the manner by which it will be possible for the debtor to meet the payment obligations under a proposed debt management plan.

(h) A licensee may not enter into an agreement with a debtor for a period longer than sixty (60) months.

(i) A licensee may carry on other business at a location where the licensee engages in debt management services unless the licensee carries on other business for the purpose of evasion or violation of this chapter.

(j) A licensee shall maintain a toll free communication system, staffed at a level that reasonably permits a contract debtor to speak to a counselor, debt specialist, or customer service representative, as appropriate, during ordinary business hours.

(k) A debt management company shall act in good faith in all matters under this chapter.

Formerly: Acts 1971, P.L.397, SEC.1; Acts 1972, P.L.10, SEC.6. As amended by Acts 1981, P.L.256, SEC.4; P.L.42-1993, SEC.54; P.L.196-1996, SEC.3; P.L.63-2001, SEC.13 and P.L.134-2001, SEC.14; P.L.213-2007, SEC.48; P.L.217-2007, SEC.46; P.L.3-2008, SEC.220; P.L.90-2008, SEC.31; P.L.1-2009, SEC.148; P.L.35-2010, SEC.127; P.L.89-2011, SEC.41; P.L.27-2012, SEC.73; P.L.216-2013, SEC.26; P.L.186-2015, SEC.33; P.L.73-2016, SEC.22; P.L.85-2017, SEC.102; P.L.159-2017, SEC.34; P.L.69-2018, SEC.47.