Ch. 375                                    2003 LAWS OF MARYLAND

(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.

(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.

(4) A CONSUMER WHO RESCINDS A DEBT MANAGEMENT SERVICES
AGREEMENT UNDER THIS SUBSECTION IS ENTITLED TO A REFUND OF ALL
UNEXPENDED FUNDS THAT THE CONSUMER HAS PAID TO THE LICENSEE FOR THE
REDUCTION OF THE CONSUMER'S DEBT.

(I) IF A PAYMENT BY A CONSUMER UNDER THIS SECTION TO A LICENSEE IS
DISHONORED, THE LICENSEE MAY CHARGE THE CONSUMER THE AMOUNT
ALLOWABLE FOR DISHONORED CHECKS OR OTHER INSTRUMENTS UNDER § 15-802
OF THE COMMERCIAL LAW ARTICLE, WHETHER OR NOT THE CONSUMER HAS
ENTERED INTO A DEBT MANAGEMENT SERVICES AGREEMENT WITH THE LICENSEE.

(F) (G) (J) WITH RESPECT TO THE PROVISION OF DEBT MANAGEMENT
SERVICES, IF A LICENSEE IMPOSES ANY FEE OR OTHER CHARGE OR RECEIVES ANY
FUNDS OR OTHER PAYMENTS NOT AUTHORIZED UNDER THIS SECTION, EXCEPT AS A
RESULT OF AN ACCIDENTAL AND BONA FIDE ERROR:

(1) THE DEBT MANAGEMENT SERVICES AGREEMENT SHALL BE VOID;
AND

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