6-710. Prohibitions

395 words·~2 min read·/az/title-6/6-710

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

It is unlawful for a licensee to:

1. Accept an account unless it appears on the basis of a reasonable budget analysis, reduced to writing, that the debtor can reasonably meet the payments agreed on by the licensee and the debtor and that the agreed on payment is sufficient to pay the service charges to the licensee and the full amount of the proposed payments to creditors as agreed on by the licensee and debtor. The licensee shall retain the written budget analysis for at least three years after the termination of the contract in the files of the licensee.

The licensee shall make the analysis available for inspection by the deputy director, except that such a budget analysis is not deemed unreasonable if facts that would prove it to be such were not furnished to the licensee by the debtor on request.

2. Unless agreed on by the debtor, attempt to alter any scheduled payment listed on the original application from the debtor to any figure other than the amount agreed on by the debtor and creditors in those cases when a contractual installment exists. Acceptance of the proposed payment by the creditor shall not alter any rights the creditor has under the creditor's original contract with the debtor.

3. Purchase from a creditor any obligation of a debtor.

4. Operate as a collection agent and as a licensee as to the same debtor's account.

5. Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and completely filled in.

6. Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any mortgage or other security for any fee either as to real or personal property.

7. Pay any bonus or other consideration to any person for the referral of a debtor to the person's business, nor accept or receive any bonus, commission or other consideration for referring any debtor to any person for any reason.

8. Advertise the licensee's services, display, distribute, broadcast or televise or allow to be displayed, advertised, distributed, broadcasted or televised the licensee's services in any manner whatsoever in which any false, misleading or deceptive statement or representation is made with regard to the services to be performed by the licensee or the charges to be made for those services.