9-2406. Prohibited acts.
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/ks/chapter-9/9-2406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
9-2406. Prohibited acts. No person required to be registered under this act shall:
(a)Compel or attempt to compel repayment by a consumer of outstanding proceeds or payments owed by such consumer to the registrant through any of the following means:
(1)A civil suit against the consumer in a court of competent jurisdiction;
(2)use of a third party to pursue collection of outstanding proceeds or payments on the provider's behalf;
(3)use of outbound telephone calls to attempt collection; or
(4)sale of outstanding amounts to a third-party debt collector or debt purchaser;
(b)charge a late fee, a deferral fee, interest or any other penalty or charge for failure to repay outstanding proceeds, fees, voluntary tips, gratuitites or other donations;
(c)charge interest or finance charges:
(d)charge an unreasonable fee to provide expedited delivery of proceeds to a consumer;
(e)share with an employer a portion of any fees, voluntary tips, gratuities or other donations that were received from or charged to a consumer for earned wage access services;
(f)condition the amount of proceeds that a consumer is eligible to request or the frequency with which a consumer is eligible to request proceeds on whether such consumer pays fees, voluntary tips, gratuities or other donations or on the size of any fee, voluntary tip, gratuity or other donation that such consumer may make to such registrant in connection with the provision of earned wage access services;
(g)mislead or deceive consumers about the voluntary nature of tips, gratuities or other donations or make representations that tips, gratuities or other donations will benefit any specific individuals if the registrant solicits, charges or receives tips, gratuities or other donations from a consumer;
(h)charge a deferral fee or any other charge in connection with deferring the collection of any outstanding proceeds beyond the original scheduled repayment date;
(i)accept credit of any kind as payment from a consumer of outstanding proceeds or non-mandatory payments;
(j)report a consumer's payment or failed repayment of outstanding proceeds to a consumer credit reporting agency or a debt collector; or
(k)require a credit score to determine a consumer's eligibility for earned wage access services.