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                                         SUBSTITUTE SENATE BILL NO. 5147

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                                            C 303 L 89

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators von Reichbauer, Rasmussen, Johnson, Smitherman, McMullen, McCaslin and West)

Read first time 2/15/89.

AN ACT Relating to credit service organizations; and amending RCW 19.134.010 and 19.134.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 218, Laws of 1986 and RCW 19.134.010 are each amended to read as follows:

          As used in this chapter:

          (1) "Buyer" means any individual who is solicited to purchase or who purchases the services of a credit services organization.

          (2)(a) "Credit services organization" means any person who, with respect to the extension of credit by others, sells, provides, performs, or represents that he or she can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:

          (i) Improving, saving, or preserving a buyer's credit record, history, or rating;

          (ii) Obtaining an extension of credit for a buyer; ((or))

          (iii) Stopping, preventing, or delaying the foreclosure of a deed of trust, mortgage, or other security agreement; or

(iv) Providing advice or assistance to a buyer with regard to either (a)(i) ((or)), (a)(ii), or (a)(iii) of this subsection.

          (b) "Credit services organization" does not include:

          (i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States secretary of housing and urban development for participation in any mortgage insurance program under the national housing act;

          (ii) Any bank, savings bank, or savings and loan institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation, or a subsidiary of such bank, savings bank, or savings and loan institution;

          (iii) Any credit union, federal credit union, or out-of-state credit union doing business in this state under chapter 31.12 RCW;

          (iv) Any nonprofit organization exempt from taxation under section 501(c)(3) of the internal revenue code;

          (v) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license;

          (vi) Any person licensed as a collection agency pursuant to chapter 19.16 RCW if acting within the course and scope of that license;

          (vii) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney;

          (viii) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission if the broker-dealer is acting within the course and scope of that regulation; ((or))

          (ix) Any consumer reporting agency as defined in the federal fair credit reporting act, 15 U.S.C. Secs. 1681 through 1681t; or

(x) Any mortgage broker as defined in RCW 19.146.010 if acting within the course and scope of that definition.

          (3) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes.

        Sec. 2.  Section 3, chapter 218, Laws of 1986 and RCW 19.134.020 are each amended to read as follows:

          A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following:

          (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained a surety bond of ten thousand dollars issued by a surety company admitted to do business in this state and established a trust account at a federally insured bank or savings and loan association located in this state.  The surety bond shall run to the state of Washington and the buyers.  The surety bond shall be issued on the condition that the principal comply with all provisions of this chapter and fully perform on all contracts entered into with buyers.  The surety bond shall be continuous until canceled and shall remain in full force and unimpaired at all times to comply with this section.  The surety's liability for all claims in the aggregate against the continuous bond shall not exceed the penal sum of the bond.  An action on the bond may be brought by the state or by any buyer by filing a complaint in a court of competent jurisdiction, including small claims court, within one year of cancellation of the surety bond.  A complaint may be mailed by registered or certified mail, return receipt requested, to the surety and shall constitute good and sufficient service on the surety;

          (2) Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public;

          (3) Make or counsel or advise any buyer to make any statement that is untrue or misleading or that should be known by the exercise of reasonable care to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit with respect to a buyer's credit worthiness, credit standing, or credit capacity;

          (4) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.