ROBERT L. EHRLICH, JR., Governor                             Ch. 374

(C) A LICENSEE MAY NOT COMMINGLE ANY TRUST ACCOUNT ESTABLISHED
FOR THE BENEFIT OF CONSUMERS WITH ANY OPERATING ACCOUNTS OF THE
LICENSEE.

12-918.

(A)     WITH RESPECT TO THE PROVISION OF DEBT MANAGEMENT SERVICES, A
LICENSEE MAY NOT IMPOSE ANY FEES OR OTHER CHARGES ON A CONSUMER, OR
RECEIVE ANY FUNDS OR OTHER PAYMENTS FROM A CONSUMER OR ANOTHER
PERSON ON BEHALF OF A CONSUMER:

(1)      EXCEPT AS PROVIDED IN SUBSECTIONS (G)(2) (G)(3) AND (H) (I) OF
THIS SECTION, UNTIL AFTER THE LICENSEE AND CONSUMER HAVE EXECUTED A
DEBT MANAGEMENT SERVICES AGREEMENT; AND

(2)      ONLY AS ALLOWED UNDER THIS SECTION.

(B)     (1) A LICENSEE MAY CHARGE A SET UP CONSULTATION FEE NOT
EXCEEDING $50.

(2) THE COST OF A CREDIT REPORT ON A CONSUMER SHALL BE PAID
FROM THE SET UP CONSULTATION FEE PAID BY THE CONSUMER.

(C)     (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A LICENSEE MAY
CHARGE A MONTHLY MAINTENANCE FEE NOT EXCEEDING $5 FOR EACH CREDITOR
OF A CONSUMER THAT IS 10% OF THE TOTAL AMOUNT PAYABLE EACH MONTH TO
THE CONSUMER'S CREDITORS $8 FOR EACH CREDITOR OF A CONSUMER THAT IS
LISTED IN THE DEBT MANAGEMENT SERVICES AGREEMENT BETWEEN THE
LICENSEE AND THE CONSUMER.

(2)      THE TOTAL FEES CHARGED TO A CONSUMER UNDER PARAGRAPH (1)
OF THIS SUBSECTION MAY NOT EXCEED $50 $40 PER MONTH.

(D)     A LICENSEE MAY COLLECT FROM OR ON BEHALF OF A CONSUMER THE
FUNDS THE CONSUMER HAS AGREED TO PAY TO THE LICENSEE UNDER THE DEBT
MANAGEMENT SERVICES AGREEMENT.

(E)     A LICENSEE MAY NOT CHARGE A FEE TO:

(1) PREPARE A FINANCIAL ANALYSIS OR AN INITIAL BUDGET PLAN FOR
THE CONSUMER;

(4) (2) COUNSEL A CONSUMER ABOUT DEBT MANAGEMENT;

(3)     (3) PROVIDE A CONSUMER WITH A THE CONSUMER EDUCATION
PROGRAM DESCRIBED IN THE LICENSEE'S LICENSE APPLICATION; OR

(3) (4) CANCEL RESCIND A DEBT MANAGEMENT SERVICES
AGREEMENT.

(F)     (1) A LICENSEE MAY NOT REQUIRE A VOLUNTARY CONTRIBUTION FROM
A CONSUMER FOR ANY SERVICE PROVIDED BY THE LICENSEE TO THE CONSUMER.

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