Consumer State Protections

23 Apr 2016
Robert Wilkins
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0

Each of the 50 states have additional laws to protect consumers regarding credit repair. We invite you to find your state and review the additional regulations; research and take advantage of these protections.

Arizona

Ariz. Rev. Sta. Ann. §§ 44-1701 to 44-1712
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payment must be returned within 15 days of receipt of cancelation notice.

Arkansas

Ark. Code Ann. §§ 4-91-101 to 4-91-109
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.

California

Cal Civ. Code §§ 1789.10 to 1789.22
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public or on the same terms that would have been extended without the assistance of the credit repair organization; submit a debtor’s dispute to a consumer credit reporting agency without the debtor’s knowledge; or use a consumer credit reporting agency’s telephone system or toll-free number to represent the caller as the debtor without the debtor’s authorization.
Cancelation rights. Any payment must be returned within 5 working days of signing.
Time limit for performing services. Six months.

Colorado

Colo. Rev. Stat. §§ 12-14.5-101 to 12-14.5-113
Cancelation rights. may cancel contract within five working days of signing. Any payment must be returned within 10 days of receipt of cancelation notice.

Connecticut

Conn. Gen. Stat. Ann. § 36a-700
State protections do not exceed federal laws.

Delaware

Del. Code Ann. tit. 6, §§ 2401 to 2414
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling services.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.
Time limit for performing services.
180 days.

District of Columbia

D.C. Code Ann. §§ 28-4601 to 28-4608
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five calendar days of signing. Must be reimbursed within 10 days of receipt of cancelation notice.

Florida

Fla. Stat. Ann. §§ 817.701 to 817.706
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights.May cancel contract within five days of signing. Any payment must be returned within 10 days of receipt of cancelation notice.

Hawaii

Haw. Rev. Stat. § 481B-12
State protections do not exceed federal laws.

Idaho

Idaho Code §§ 26-2222, 26-2252
Credit repair service is required to obtain a license and bond from the state.

Illinois

815 ill. Comp. Stat. §§ 605/1 to 605/16
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.

Indiana

Ind. Code Ann. §§ 24-5-15-1 to 24-5-15-11
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling services.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice or any other written notice.

Iowa

Iowa Code §§ 538A.1 to 538A.14
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.

Kansas

Kan. Stat.Ann §§ 50-1116 to 520-1135
Credit repair service must comply with an extensive list of requirements, including educating debtors, specifying the scope of an agreement, itemizing fees, and disclosing the consumer’s rights.
Credit repair service may not delay payments, make false promises or deceptive statements, give or receive compensation for referrals, or collect fees above $20 per month from the customer (after a $50 initial consultation fee).

Louisiana

La. Rev. Stat. Ann. §§ 9:3573.1 to 9:3573.17
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling services, disclose all payments expected from the consumer, give estimated completion date, and wait for payment until services are complete.
Cancelation rights. May cancel contract within five days of signing. ANy payment must be returned within 10 days of receipt of cancelation notice.

Maryland

Md. Code. Ann. [Com. Law] §§ 14-1901 to 14-1916
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payments must be returned within 10 days of receipt of cancelation notice.

Massachusetts

Mass. Gen. Laws ch. 93, §§ 68A to 68E
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payments must be returned within 10 days of receipt of cancelation notice.

Michigan

Mich. Comp. Laws §§ 445.1821 to 445.1825
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public, submit a debtor’s dispute to a consumer credit reporting agency without the debtor’s knowledge or, provide a service that is not pursuant to a written contract.
Time limit for performing services. 90 days.

Minnesota

Minn. Stat. Ann. §§ 332.52 to 332.60
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose the name and address of any person who directly or indirectly owns or controls a 10% or greater interest in the credit services organization; any litigation or unresolved complaint filed within the preceding five years with the state, any other state, or the united States, or a notarized statement that there has been no such litigation or complaint; and the percentage of customers during the past year for whom the credit services organization fully and completely performed the services it agreed to provide.
Cancelation rights. May cancel contract within five days of signing. Any payment must be returned within 10 days of receipt of cancelation notice.

Missouri

Mo. Rev. Stat. §§ 407.635 to 407.644
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling services.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.

Montana

Mont. Code Ann. §§ 30-14-2001 to 30-14-2015
Credit repair service may not purchase any debt or obligation of a consumer; lend money or provide credit to a consumer; or obtain a mortgage or other security interest in any property of a consumer.
Cancelation rights. May cancel contract with 10 days notice.

Nebraska

Neb. Rev. Stat. §§ 45-801 to 45-815
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.
Time limit for performing service. 180 days.

Nevada

Nev. Rev. Stat. Ann. §§ 598.741 to 598.787
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public, submit a debtor’s dispute to a consumer credit reporting agency without the debtor’s knowledge, or call a consumer credit reporting agency and represent the caller as the debtor.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling services.
Cancelation rights. May cancel contract within five days of signing.

New Hampshire

N.H. Rev. Stat. Ann. §§ 359-D:1 to 359-D:11
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five days of signing. Any payment must be returned within five days of receipt of cancelation notice.

New York

N.Y. Gen. Bus. Law §§ 458-a to 458-k
Credit repair service is required to annex a copy of the consumer’s current credit report to the contract and clearly mark the adverse entries proposed to be modified.

North Carolina

N.C. Gen. Stat. §§ 66-220 to 66-226
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.

Ohio

Ohio Rev. Code Ann. §§ 4712.01 to 4712.99
Credit repair service may not charge or collect a fee for referring consumer to a person that extends credit, except when credit has actually been extended as a result of the referral; submit the debtor’s disputes to a consumer reporting agency without the debtor’s signed, written authorization and positive identification; or contact a consumer reporting agency to submit or obtain information about a debtor, stating or implying to be the debtor or debtor’s attorney, guardian, or other legal representative.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit budget and debt counseling services; the percentage of customers during the past year for whom the credit services organization fully and completely performed the services it agreed to provide.
time limit for performing service. 60 days.

Oklahoma

Okla. Stat. Ann. tit. 24 §§ 131 to 148
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five days of signing. Any payment must be returned within 10 days of receipt of cancelation notice.

Oregon

Or. Rev. Stat. §§ 647.662
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.

Pennsylvania

73 Pa. Cons. Stat. Ann. §§ 2181 to 2192
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five days of signing. Any payment must be returned within 15 days of receipt of cancelation notice.

Tennessee

Tenn. Code Ann. §§ 47-18-1001 to 47-18-1011
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public; use a program or plan which charges installment payments directly to a credit card prior to full and complete performance of the services it has agreed to perform.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling.
Cancelation rights. May cancel contract within five business days of signing. Any payments must be returned within 10 days of cancelation notice.

Texas

Tex. Fin. Code Ann. §§ 393.001 to 393.505
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling.
Cancelation rights. Any payments must be returned within 10 days of cancelation notice.
Time limit for performing service. 180 days.

Utah

Utah Code Ann. §§ 13-21-1 to 13-21-9
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five business days of signing. Any payments must be returned within 10 days of cancelation notice.

Virginia

Va. Code Ann. §§ 59.1-335.1 to 59.1-335.12
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose: A statement in writing and posted at place of business that the consumer does not have to pay any fees or charges until all services been performed completely (except for a subscription agreement requiring periodic payments).
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.

Washington

Wash. Rev. Code Ann. §§ 19.134.010 to 19.134.900
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five business days of signing. Any payments must be returned within 10 days of cancelation notice.

West Virginia

W.Va. Code §§ 46A-6C-1 to 46A-6C-12
Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Credit repair service must disclose a complete and accurate statement of the availability of nonprofit credit counseling.
Cancelation rights. Any payment must be returned within 10 days of receipt of cancelation notice.
Time limit for performing service. 180 days.

Wisconsin

Credit repair service may not charge or collect a fee for referring consumer to a retail seller who will or may extend credit that is on substantially the same terms as those available to the general public.
Cancelation rights. May cancel contract within five business days of signing. Any payments must be returned within 15 days of cancelation notice.