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§ 2415. Fees

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: February 6, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 39. Debt Management Services Act (Refs & Annos)
Effective: February 6, 2009
63 P.S. § 2415
§ 2415. Fees
(a) Limitation.--A licensee may charge a fee of not more than $50 for an initial consultation with a consumer, provided that the consultation includes a consumer education program.
(b) Monthly maintenance fee.--When a consumer and a licensee have entered into a debt management services agreement, the licensee may charge the consumer a monthly maintenance fee not to exceed $10 times the number of accounts initially included under the agreement, provided that the total monthly fee may not exceed $50.
(c) Insufficient funds fee.--A licensee may collect a fee for a subsequent dishonored check or instrument taken in payment, not to exceed the service charge permitted to be imposed under 18 Pa.C.S. § 4105 (relating to bad checks).
(d) Actual cost.--A licensee may charge a consumer for the actual cost in requesting the consumer's credit report.
(e) Contributions prohibited.--A licensee shall not require or accept any contribution from a consumer on a debt management plan for services regulated pursuant to this act unless otherwise restricted by regulations promulgated by the department pursuant to this act.
(f) Education or counseling fee.--A licensee may not charge a consumer who enters into a debt management services agreement any fee for providing education or counseling. In the event that a consumer receives education or counseling from a licensee subject to a fee or charge without entering into a debt management services agreement and subsequently enters into a debt management services agreement with the licensee within four months of beginning the education or counseling, the licensee shall refund the fee charged for the education or counseling.
(g) Fees subject to debt management plan agreement.--A licensee may not impose charges or receive payment for debt management services until the licensee and the consumer have signed a debt management services agreement.
(h) No other fees permitted.--A licensee shall not charge a consumer any fees other than those described in this section or by regulation promulgated by the department for services regulated pursuant to this act.
(i) Fee limits.--For the 12-month period beginning with the effective date of this act, and annually thereafter, the fee limits provided in this section shall be increased by the percentage of change, if any, in the Consumer Price Index for All Urban Consumers for the Pennsylvania, New Jersey, Delaware and Maryland area for the most recent 12-month period for which figures are officially reported by the United States Department of Labor, Bureau of Labor Statistics, immediately prior to the date the adjustment is due to take effect, but in no event shall deflation result in a negative cost-of-living adjustment.

Credits

2008, Oct. 9, P.L. 1421, No. 117, § 15, effective in 120 days [Feb. 6, 2009].
63 P.S. § 2415, PA ST 63 P.S. § 2415
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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