§6175. Handling of consumer funds
                  1. 
                                Funds deposited in trust account. 
                                The debt management service provider shall deposit, within 2 business days of receipt, all funds received from or on behalf of a consumer for payment to a creditor or creditors in a federally insured trust account for the benefit of the consumer in a supervised financial organization.  Any trust account established to receive consumer funds is free from trustee process and unavailable to creditors of the debt management service provider.
                                     
                                
                [PL 1999, c. 560, §3 (NEW).]
              
                  2. 
                                Requirements for handling of funds. 
                                The debt management service provider shall:
                                     
                                
                
                  A.
                                        Maintain separate records of account for each consumer receiving debt management services;
                                     
                                [PL 1999, c. 560, §3 (NEW).]
                
                  B.
                                        Remit funds received from or on behalf of a consumer to the consumer's creditor or creditors within 15 business days of receipt of the funds; and
                                     
                                [PL 1999, c. 560, §3 (NEW).]
                
                  C.
                                        Correct or remedy any misdirected payments resulting from an error by the debt management service provider and reimburse the consumer for any actual costs or fees imposed by a creditor as a result of such misdirection.
                                     
                                [PL 1999, c. 560, §3 (NEW).]
                [PL 1999, c. 560, §3 (NEW).]
              
                  3. 
                                Commingling of funds. 
                                The debt management service provider may not commingle trust accounts established for the benefit of consumers with any operating accounts of the debt management service provider.
                                     
                                
                [PL 1999, c. 560, §3 (NEW).]
              
                        SECTION HISTORY
                        
            PL 1999, c. 560, §3 (NEW).