Ch. 374

2003 LAWS OF MARYLAND

(2) A LICENSEE MAY ACCEPT A VOLUNTARY CONTRIBUTION FROM A
CONSUMER FOR ANY A DEBT MANAGEMENT SERVICE PROVIDED BY THE LICENSEE
TO THE CONSUMER IF THE AGGREGATE AMOUNT OF THE VOLUNTARY
CONTRIBUTION AND ANY OTHER FEES RECEIVED BY THE LICENSEE FROM THE
CONSUMER FOR DEBT MANAGEMENT SERVICES DOES NOT EXCEED THE TOTAL
AMOUNT THE LICENSEE IS AUTHORIZED TO CHARGE THE CONSUMER UNDER
SUBSECTIONS (B) AND (C) OF THIS SECTION.

(G) (1) BEFORE PROVIDING DEBT MANAGEMENT SERVICES TO A
CONSUMER A LICENSEE SHALL PROVIDE THE CONSUMER A LIST OF SERVICES AND
THEIR CHARGES DESCRIBING:

(I) THOSE SERVICES THAT THE LICENSEE OFFERS:

1. FREE OF CHARGE IF THE CONSUMER ENTERS INTO A
DEBT MANAGEMENT SERVICES AGREEMENT WITH THE LICENSEE; AND

2. FOR A CHARGE IF THE CONSUMER DOES NOT ENTER INTO
A DEBT MANAGEMENT SERVICES AGREEMENT WITH THE LICENSEE; AND

(II) THOSE SERVICES THAT THE LICENSEE OFFERS FOR A CHARGE
THAT ARE NOT OFFERED AS A PART OF DEBT MANAGEMENT SERVICES.

(2) A LICENSEE MAY NOT, AS A CONDITION OF ENTERING INTO A DEBT
MANAGEMENT SERVICES AGREEMENT, REQUIRE A CONSUMER TO PURCHASE FOR A
FEE A COUNSELING SESSION, AN EDUCATIONAL PROGRAM, OR MATERIALS AND
SUPPLIES.

(2) (3) A LICENSEE MAY CHARGE A CONSUMER A FEE FOR A
COUNSELING SESSION, AN EDUCATIONAL PROGRAM, OR MATERIALS AND SUPPLIES
IF THE CONSUMER DOES NOT ENTER INTO A DEBT MANAGEMENT SERVICES
AGREEMENT WITH THE LICENSEE.

(H) (1) IN ADDITION TO ANY OTHER RIGHT OF RESCISSION CONTAINED IN
THE DEBT MANAGEMENT SERVICES AGREEMENT, A CONSUMER MAY MODIFY OR
RESCIND A DEBT MANAGEMENT SERVICES AGREEMENT IF THE CONSUMER IS
NOTIFIED OF A CREDITOR'S NONPARTICIPATION UNDER THIS SUBSECTION.

(2) IF A CREDITOR THAT IS LISTED AS PARTICIPATING IN THE DEBT
MANAGEMENT SERVICES AGREEMENT DECLINES TO PARTICIPATE IN DEBT
MANAGEMENT SERVICES UNDER THE AGREEMENT, THE LICENSEE SHALL NOTIFY
THE CONSUMER BY CERTIFIED MAIL, OR OTHER VERIFIABLE MEANS APPROVED BY
THE CONSUMER AT LEAST 5 BUSINESS DAYS BEFORE THE CONSUMER'S NEXT
SCHEDULED PAYMENT UNDER THE AGREEMENT.

(3) THE NOTICE SHALL INCLUDE:

(I) THE IDENTITY OF THE CREDITOR; AND

(II) THE RIGHT OF THE CONSUMER TO MODIFY OR RESCIND THE
AGREEMENT.

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