| (4) |
| (a) | Subsections (4)(b) through (d) are subject to adjustment of dollar amounts in accordance with Subsection 13-42-132(6). |
| (b) | If an individual assents to a plan that contemplates that a creditor will reduce finance charges or fees for late payment, default, or delinquency, the provider may charge:
| (i) | a fee not exceeding $50 for consultation, obtaining a credit report, setting up an account, and other similar services; and |
| (ii) | a monthly service fee, not to exceed $10 times the number of accounts remaining in a plan at the time the fee is assessed, but not more than $50 in any month. |
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| (c) | If an individual assents to an agreement that contemplates that creditors will settle debts for less than the principal amount of the debt, a provider may not request or receive payment of a fee or consideration for the provider's service unless:
| (i) | the provider renegotiates, settles, reduces, or otherwise alters the terms of at least one debt under an agreement the individual executes; |
| (ii) | the individual makes at least one payment in accordance with the agreement between the individual and the creditor or debt collector; and |
| (iii) | the fee or consideration for an individual debt that an individual renegotiates, settles, reduces, or otherwise alters:
| (A) | bears the same proportion to the total fee for renegotiating, settling, reducing, or altering the terms of the entire debt as the individual debt amount at the time the debt was enrolled in the service bears to the entire debt amount at the time the debt was enrolled in the service; or |
| (B) | is a percentage of the amount saved as a result of the renegotiation, settlement, reduction, or alteration, as calculated under Subsection (4)(e), that may not change from one individual debt to another. |
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| (d) |
| (i) | Except as otherwise provided in Subsection 13-42-128(4), if an individual does not assent to an agreement, a provider may receive for educational and counseling services the provider provides to the individual a fee not exceeding $100 or, with the approval of the division, a larger fee. |
| (ii) | The division may approve a fee larger than $100 if the nature and extent of the educational and counseling services warrant the larger fee. |
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| (e) | For purposes of Subsection (4)(c)(iii)(B), the amount saved is calculated as the difference between the amount owed at the time the debt is enrolled in the service and the amount actually paid to satisfy the debt. |
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