DEBT SETTLEMENT CONS PRO ACT
Summary
Creates the Debt Settlement Consumer Protection Act. Provides that it shall be unlawful for any person to operate as a debt settlement provider or engage in debt settlement service except as authorized by the Act and without first having obtained a license under the Act. Contains provisions concerning the (1) application for a license, (2) qualifications for licensure, (3) renewal of a license, (4) display requirements for a license, (5) temporary licensed locations, (6) denial of a license, (7) revocation or suspension of a license, (8) maintenance of records by a licensee, (9) examination of a licensee, (10) maintenance of trust funds by a licensee, and (11) other licensee businesses. With respect to the Director of Financial Institutions, contains provisions concerning the (1) adoption of rules by the Director, (2) penalties for violations of the Act, (3) procedure the Director may take to obtain an injunction, (4) review of decisions, (5) issuance of cease and desist orders. Contains provisions concerning (1) advertising practices, (2) individualized financial analysis, (3) required disclosures, (4) debt settlement contracts, (5) fees, (6) consumer settlement accounts, (7) cancellation of contracts, (8) obligations of good faith, (9) prohibited practices and noncompliance with the Act, and (10) civil remedies. Amends the Debt Management Service Act to exclude "debt settlement service" and attorneys engaged in specific practices from the Act. Amends the State Finance Act to provide that moneys collected under the Debt Settlement Consumer Protection Act shall be deposited into the Financial Institution Fund. Contains a severability clause. Amends the Consumer Fraud and Deceptive Business Practices Act to specify that a violation of the Debt Settlement Consumer Protection Act is a violation of the Act. Effective immediately.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2010
Committee Review
Apr 2010
House Passage
May 2010
Senate Passage
May 2010
Signed into Law
Aug 2010
Introduced Mar 25, 2010
Signed Aug 3, 2010
Floor votes · Senate May 6, 2010 · House Mar 25, 2010
How they voted
46–1
Passed · 2 other
Total votes 49
May 6, 2010
D
Democratic30
96% Yea
R
Republican19
89% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
101
Key actions
6
Committee
7
Amendments
9
Aug 3, 2010
Signed into law
Governor Approved
lower
May 6, 2010
Lower · Passed
Passed Both Houses
lower
May 6, 2010
Amended
Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
upper
May 6, 2010
Amended
Senate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
upper
May 6, 2010
Amended
Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
upper
Apr 29, 2010
Upper · Passed
Senate Floor Amendment No. 3 To Financial Institutions Subcommittee on Mortgages
upper
Apr 29, 2010
Introduced
Senate Floor Amendment No. 3 Assignments Refers to Financial Institutions
upper
Apr 29, 2010
Committee
Senate Floor Amendment No. 3 Referred to Assignments
upper
Apr 29, 2010
Introduced
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Terry Link
upper
Apr 22, 2010
Upper · Passed
Do Pass Financial Institutions; 010-001-001
upper
Apr 21, 2010
Committee
Senate Committee Amendment No. 2 Referred to Assignments
upper
Apr 21, 2010
Introduced
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Terry Link
upper
Apr 15, 2010
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Apr 15, 2010
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
upper
Apr 14, 2010
Committee
Assigned to Financial Institutions
upper
Mar 25, 2010
Committee
Referred to Assignments
upper
Mar 25, 2010
Introduced
Arrive in Senate
upper
Mar 25, 2010
Amended
House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
lower
Mar 25, 2010
House · Passed
House Vote: pass (86-8-1)
house
Mar 24, 2010
Lower · Passed
House Floor Amendment No. 3 Adopted by Voice Vote
lower
0 primary · 26 co-sponsors
Sponsors
No sponsor information available.
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