2006 New York Code - Prohibited Activities.

 
    §   584-b.   Prohibited   activities.   1.   No  person,  partnership,
  association, corporation, or other entity, except a licensee,  may  make
  any  representation,  directly  or indirectly, orally or in writing that
  he, she, or it is licensed under this article.
    2. No licensee shall advertise its  services  in  any  media,  whether
  print  or  electronic, in any manner that may be false or deceptive. All
  such advertisements shall contain the name and office  address  of  such
  entity,  which  shall  conform  to a name and address on record with the
  department and which shall indicate that the licensee is licensed by the
  department. Any  advertisements  in  any  media,  print  or  electronic,
  contracted  for  or  placed prior to the effective date of this section,
  shall not be subject to the provisions of this section.
    3. No person or any other entity, other than a licensee, shall use the
  title "budget planner" or "licensed budget planner" or the term  "budget
  planning" in any public advertisement, business card, or letterhead.
    4.  No  licensee shall commingle monies received from debtors with any
  other funds associated with the operation of its business  or  with  any
  funds  associated  with  any  other type of business, provided, however,
  that for the sole purpose of making a single payment to  a  creditor,  a
  licensee  may commingle monies received from debtors under contract with
  one or more of its affiliates authorized to engage in budget planning in
  another state.
    5. Licensees shall make payments to creditors in a timely  manner,  in
  accordance with the contract between the licensee and the debtor.
    6. No licensee shall purchase any obligation of a debtor.
    7.  No licensee shall operate as a person or entity seeking payment of
  obligations on behalf of any creditors that are not  receiving  payments
  pursuant to a contract between a debtor and a licensee.
    8. No licensee shall execute any contract or agreement to be signed by
  the  debtor unless the contract or agreement is fully completed, and the
  duration  of  any  such  contract  shall  be  in  conformance  with  any
  limitations specified pursuant to regulations of the superintendent.
    9.  No  licensee  shall  pay  any  bonus or other consideration to any
  person or entity for the referral of a debtor to its business, or accept
  or receive any bonus, commission or other  consideration  for  referring
  any  debtor  to  any person or entity for any reason; provided, however,
  that nothing herein shall prohibit the payment of rebates from creditors
  to licensees.
    10. No licensee shall disclose or  threaten  to  disclose  information
  concerning  the  existence  of a debt, or any other conduct, which could
  coerce payment of the debt of a debtor with whom it has a contract.
    11. No licensee shall use  a  communication  which  simulates  in  any
  manner  a legal or judicial process, or which gives the false appearance
  of being authorized, issued, or approved by a  government,  governmental
  agency, or attorney-at-law.
    12.  No  licensee, or a director, manager or officer of such licensee,
  or any immediate family member of  such  individual,  or  a  controlling
  party of such licensee as defined in section five hundred eighty-three-a
  of  this  article,  shall  be  a  director,  manager, officer, owner, or
  controlling party of any creditor or a subsidiary of any such  creditor,
  that  is  receiving or will receive payments from the licensee on behalf
  of a debtor with whom the licensee has contracted.
    13. No licensee, or a director, manager or officer of  such  licensee,
  or  any  immediate  family  member  of such individual, or a controlling
  party of such licensee as defined in section five hundred eighty-three-a
  of this article, shall disclose by any means,  directly  or  indirectly,
  the  name,  address,  or  any other identifying information of a debtor,
  except as required  by  subpoena  or  other  process  from  a  court  of
  competent  jurisdiction  or  a  law  enforcement  agency, or in order to
  establish an account with a  creditor.  "Identifying  information  of  a
  debtor"  as used herein shall include, but not be limited to, a debtor's
  name,  photograph,  address,  telephone  number, social security number,
  date of birth, drivers identification number, credit card  number,  bank
  account number, mother's maiden name, medical or disability information,
  if  any, as well as any other identification number which a licensee may
  possess.