§ 5. No credit services organization, its salespersons, agents or representatives, or
any independent contractor who sells or attempts to sell the services of a credit
services organization shall:
(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 or on behalf of the buyer, unless the credit services organization has,
in conformity with Section 10 of this Act, obtained a surety bond issued by a surety
company licensed to do business in this State. If a credit services organization is in compliance with this subsection the salespersons,
agents, and representatives who sell the services of such organization shall not be
required to obtain the surety bond provided for by this Act.
(2) Charge or receive any money or other valuable consideration solely for the referral
of a buyer to a retail seller who will or may extend credit to the buyer if such extension
of credit is in substantially the same terms as those available to the general public.
(3) Make, 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,
with respect to a buyer's credit reporting agency or to any person who has extended
credit to a buyer or to whom a buyer has made application for an extension of credit.
(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 intended to defraud or deceive a buyer in connection
with the office or sale of such services; including but not limited to: the amount
or type of credit a consumer can expect to receive as a result of the performance
of the services offered; the qualifications, training or experience of its personnel;
or the amount of credit improvement the consumer can expect to receive as a result
of the services.
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