(1) Funds deposited in escrow account. The debt management service provider shall deposit, within two (2) business days of receipt, all funds received from or on behalf of a consumer for payment to a creditor or creditors in a federally insured escrow account for the benefit of the consumer in a supervised financial organization. Any escrow account established to receive consumer funds is free from trustee process and unavailable to creditors of the debt management service provider.
(2) Requirements for handling of funds. The debt management service provider shall:
(a) Maintain separate records of account for each consumer receiving debt management services;
(b) Remit funds received from or on behalf of a consumer to the consumer’s creditor or creditors within fifteen (15) business days of receipt of the funds; and
(c) Correct or remedy any misdirected payments resulting from an error by the debt management service provider and reimburse the consumer for any actual costs or fees imposed by a creditor as a result of such misdirection.
(3) Commingling of funds. The debt management service provider may not commingle escrow accounts established for the benefit of consumers with any operating accounts of the debt management service provider.
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