30-14-2002. Scope. (1) The provisions of this part apply to any person that provides or offers to provide debt management plans to residents of this state.

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Terms Used In Montana Code 30-14-2002

  • Credit counseling service: means a person that provides or offers to provide debt management plan services to consumers for consideration. See Montana Code 30-14-2003
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Person: means an individual, sole proprietorship, firm, partnership, corporation, limited liability partnership or company, or other entity and includes a nonprofit organization exempt from taxation under 501(c)(3) of the Internal Revenue Code, 26 U. See Montana Code 30-14-2003
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The provisions of this part do not apply to:

(a)banking institutions, as defined in 32-1-601, building and loan associations, credit unions, escrow businesses, as defined in 32-7-102, or title companies;

(b)the services of an attorney licensed to practice law in this state if providing credit counseling services is incidental to and not the principal business of the attorney;

(c)the services of a certified public accountant licensed to practice accounting in this state if providing credit counseling services is incidental to and not the principal business of the certified public accountant; and

(d)debt collectors that do not advertise or hold themselves out as a credit counseling service.