§ 13-42-103. Exempt agreements and persons.

(1) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this state at the time of the agreement.

(2) This chapter does not apply to a provider to the extent that the provider:

(a) provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or

(b) receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors.

(3) This chapter does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession:

(a) a judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors;

(b) a bank;

(c) an affiliate, as defined in Subsection 13-42-102(2)(b)(i), of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or

(d) a title insurer, escrow company, or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.

Enacted by Chapter 154, 2006 General Session