(4) |
Before an individual assents to an agreement, the provider shall inform the individual, in a separate record that the individual may keep whether or not the individual assents to the agreement:
(a) |
of the name and business address of the provider; |
(b) |
that plans are not suitable for all individuals and the individual may ask the provider about other ways, including bankruptcy, to deal with indebtedness; |
(c) |
of the amount of time necessary to achieve the results that the provider represents to be achievable; |
(d) |
if the provider intends to include a settlement offer to any of the individual’s creditors or debt collectors:
(i) |
of the time by which the provider will make a bona fide settlement offer to any of the individual’s creditors or debt collectors; and |
(ii) |
of the amount of money or the percentage of each outstanding debt that the individual must accumulate before the provider will make a bona fide settlement offer to each creditor or debt collector; |
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(e) |
that establishment of a plan may adversely affect the individual’s credit rating or credit scores; |
(f) |
that nonpayment of debt may lead creditors to increase finance and other charges or undertake collection activity, including litigation; |
(g) |
if the provider requests or requires the individual to place money in an account at an insured financial institution, that the individual:
(i) |
owns the funds held in the account; |
(ii) |
may withdraw from the provider’s plan at any time without penalty; and |
(iii) |
is entitled to receive all money in the account, other than money that the provider earns as provided in Section 13-42-123, at the time the individual withdraws from the provider’s plan; |
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(h) |
unless it is not true, that the provider may receive compensation from the creditors of the individual; and |
(i) |
that, unless the individual is insolvent, if a creditor settles for less than the full amount of the debt, the plan may result in the creation of taxable income to the individual, even though the individual does not receive any money. |
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