N.Y. Financial Services Law Section 702
Prohibitions

A student debt consultant is prohibited from doing the following:

(a)

performing student debt consulting services without a legal written, fully-executed contract with a borrower that comports with the provisions of this article;

(b)

charging for or accepting any payment for student debt consulting services before the full completion of all such services, including a payment to be placed in escrow or any other account pending the completion of such services;

(c)

taking a power of attorney from a borrower;

(d)

retaining any original loan document or other original document related to a borrower’s student loan;

(e)

requesting that a borrower provide his or her FSA ID to the consultant, or accepting a borrower’s FSA ID;

(f)

stating or implying that a borrower will not be able to obtain relief on their own;

(g)

misrepresenting, expressly or by implication, that:

(1)

the consultant is a part of, affiliated with, or endorsed or sponsored by the government, government loan programs, the United States department of education, or borrowers’ student loan servicers; or

(2)

some or all of a borrower’s payments to the consultant will be applied towards the borrower’s student loans.

(h)

inducing or attempting to induce a student debtor to enter a contract that does not fully comply with the provisions of this article; or

(i)

engaging in any unfair, deceptive, or abusive act or practice.

Source: Section 702 — Prohibitions, https://www.­nysenate.­gov/legislation/laws/FIS/702 (updated Oct. 2, 2020; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Oct. 2, 2020

§ 702’s source at nysenate​.gov

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