SettleADebt — S_AR PASS-02
Narrow correction patch to Arkansas PASS-01
Actual mode/model: Same authorized regular Chat; actual GPT-5.6 Sol Pro quality-first fallback. PASS-01’s actual GPT-5.6 Sol Pro provenance remains immutable.
Actual public-source access date: October 24, 2026, Pacific time.
Review status: Coordinator-directed correction, not an independent legal review.
Scope control: Only PASS-01 § 3.5/C028, related federal fee-timing coverage, C013’s Act 736 characterization, C038/currentness, and directly affected coverage rows are patched.
PASS-01’s other findings, holds, nine worked examples, and twelve monetary outputs remain unchanged. In particular:
- Covered prohibited debt adjusting is not converted into a lawful “$0 fee” model.
- No nonprofit actual-expense methodology is approved.
- The credit-repair ten-day return language is not imported into an ordinary DMP cancellation.
- Noncustodial, dedicated-account, remote-provider, attorney, entity, association, and named-provider questions remain held.
- All later agreement, funds, bond, remedies, collection, sector, local, tribal, case-law, parent-dossier, and A066 work remains open.
I. Exact replacement patch
PATCH 1 — Replace PASS-01 § 3.5 in full
Replacement § 3.5 — Separate credit-repair overlap: state enactment, federal CROA, and TSR timing
Arkansas Act 944 of 2017 created a new Credit Repair Services Organizations Act of 2017 and placed its operative definition, exclusions, disclosures, cancellation terms, and prohibited practices in new Arkansas Code § 4-91-202. The new § 4-91-202—not the repealed 1987 provisions—is the relevant state enactment for this correction. Act 944 was approved April 5, 2017. S_AR-P2-C001. Arkansas Legislature+2
A. State credit-repair coverage and exclusions must first be established
Under Act 944’s new § 4-91-202(a)(3)(A), a “credit repair services organization” includes a person or entity that, with respect to credit extended by others and in return for money or other valuable consideration, provides or represents that it will provide specified services, including improving a buyer’s credit record, history, or rating; obtaining credit; locating an independent lender; obtaining an installment loan; or providing specified related advice or assistance. S_AR-P2-C002. Arkansas Legislature+1
The state definition contains activity- and entity-specific exclusions. The nonprofit exclusion is not satisfied by a generic “nonprofit” label: Act 944 specifies a nonprofit corporation qualifying under Internal Revenue Code § 501(c)(3). Its other exclusions also contain conditions—for example, an Arkansas-licensed attorney must be rendering legal services to a client and the otherwise covered conduct must be ancillary to those services. Every claimed exclusion must be factually established before use. S_AR-P2-C003. Arkansas Legislature+1
This state credit-repair exclusion is separate from Arkansas’s debt-adjuster exclusion in § 5-63-305(6). The latter, as displayed in the 2025 secondary mirror, refers to a nonprofit organization furnishing debt-management service free or for no more than actual expenses; it does not itself prove the § 4-91-202(a)(3)(B)(iii) 501(c)(3) condition. S_AR-P2-C004. Justia Law+1
B. What Act 944 enacted about advance charges
Act 944’s new § 4-91-202(e)(1) prohibited a covered credit-repair organization and its listed sellers, agents, representatives, and independent contractors from charging or receiving money before complete performance of the agreed services unless both of the following conditions were met:
- A $10,000 surety bond issued by a surety authorized to do business in Arkansas; and
- A trust account at a state or national bank or savings and loan association in Arkansas, with the deposited funds federally insured.
The enacted conjunction is “and,” not “or.” S_AR-P2-C005. Arkansas Legislature+1
That language is a conditional exception to one Arkansas state prohibition. It is not:
- a fee amount or fee cap;
- blanket Arkansas authorization for the business;
- proof that a particular organization satisfies the state definition and every other requirement;
- proof of current provider authorization; or
- an exception to an independently applicable federal advance-fee prohibition.
The complete current state codification chain for § 4-91-202 was not authenticated through a readable official 2026 code text in this pass. The state wording above is verified as enacted in 2017 and is corroborated by a 2025 secondary mirror displaying the same language, but it is not represented as a complete primary-source currentness chain through October 24, 2026. S_AR-P2-C006. Justia Law+1
C. State cancellation language is credit-repair-specific
Act 944 enacted:
- a contract statement giving the buyer until midnight of the fifth day after the transaction to cancel; and
- a detachable notice stating that cancellation may occur within five days after signing and that payments made under the contract will be returned within ten days after the seller receives the cancellation notice.
Those provisions are tied to a transaction covered by the Credit Repair Services Organizations Act. They are not a universal ten-day refund rule for every DMP, debt-settlement service, nonprofit program, or cancellation under Arkansas’s debt-adjusting subchapter. S_AR-P2-C007. Arkansas Legislature+1
D. Federal CROA separately controls where its definition applies
Federal CROA defines a “credit repair organization” by function. The definition requires, among other things:
- use of interstate-commerce instrumentalities or the mails;
- a service offered or performed for money or other valuable consideration; and
- an express or implied purpose of improving a consumer’s credit record, credit history, or credit rating, or providing advice or assistance concerning that activity.
Therefore, federal CROA does not apply to every service merely because it is labeled a DMP, settlement program, counseling program, or debt-relief service. The actual representations, consideration, interstate-commerce or mail use, and statutory exclusions must be established. S_AR-P2-C008. U.S. Code
Federal CROA’s exclusions are also specific. They include:
- an organization actually exempt from taxation under § 501(c)(3);
- a creditor, only to the extent it assists the consumer in restructuring debt owed to that creditor; and
- specified depository institutions, credit unions, and their covered affiliates or subsidiaries.
A generic nonprofit label, creditor relationship, bank account, or institutional affiliation is insufficient without the actual statutory facts. S_AR-P2-C009. U.S. Code
Where federal CROA applies and no exclusion is established, 15 U.S.C. § 1679b(b) provides that the credit-repair organization may not charge or receive money or valuable consideration for an agreed service before that service is “fully performed.” The federal subsection contains no Arkansas-bond or Arkansas-trust-account exception. S_AR-P2-C010. U.S. Code
Accordingly:
Satisfying the Arkansas Act 944 bond-and-trust language does not create federal advance-fee permission under CROA.
Where both regimes apply, the provider must comply with each. The state condition cannot waive or override federal § 1679b(b). S_AR-P2-C011. Arkansas Legislature+1
PATCH 2 — Replace PASS-01 claim C028
Replacement for S_AR-P1-C028
S_AR-P1-C028 — REPLACED: Arkansas Act 944 of 2017 enacted a state credit-repair rule under which a covered organization generally could not charge or receive consideration before complete performance unless it both obtained a $10,000 Arkansas-authorized surety bond and established an Arkansas-based, federally insured trust account. Act 944 also enacted the specified five-day cancellation and ten-day payment-return notice. These are verified as 2017 state enactment terms and are corroborated by a 2025 secondary mirror, but a complete primary current-codification chain through October 24, 2026 was not obtained. The bond/trust condition is not a federal exception: if federal CROA applies and no statutory exclusion is established, 15 U.S.C. § 1679b(b) independently prohibits charging or receiving consideration for an agreed service before that service is fully performed. Neither regime is assumed to apply universally to every DMP; state credit-repair, federal CROA, debt-adjusting, and TSR coverage must each be established from the actual service, representations, payment model, communications, entity status, and exclusions.
Replacement support: S_AR-P2-C001–C011 and C018–C019.
PATCH 3 — Insert new PASS-01 § 4.2A after § 4.2
§ 4.2A Federal credit-repair timing is distinct from federal debt-relief timing
The following federal timing rules are separate. Their coverage elements must be established before application.
| Federal provision |
Required coverage facts |
Fee timing rule |
Important boundary |
| CROA, 15 U.S.C. §§ 1679a(3), 1679b(b) |
The entity meets the federal credit-repair definition, including interstate-commerce or mail use, consideration, and an express or implied credit-improvement purpose; no § 1679a(3)(B) exclusion applies |
No charge or receipt for an agreed service before that service is fully performed |
No bond/trust exception appears in § 1679b(b); not every DMP is a CROA service |
| TSR, 16 C.F.R. § 310.4(a)(2) |
The transaction is covered telemarketing and the goods or services are represented to remove derogatory information from, or improve, a person’s credit history, record, or rating |
Both the represented service time frame must expire and the seller must provide a consumer report documenting the promised result; that report must have been issued more than six months after the result was achieved |
This is the TSR’s credit-repair timing rule; it is not the one-debt/one-payment test |
| TSR, 16 C.F.R. § 310.4(a)(5) |
The transaction is covered telemarketing and the program is represented to renegotiate, settle, or alter the terms of unsecured debt within the rule’s “debt relief service” definition |
At least one debt must be altered under a valid customer-executed agreement, the customer must make at least one payment under it, and an individually resolved debt’s fee must use the prescribed proportional or uniform savings allocation |
This is the debt-relief rule; it does not replace § 310.4(a)(2) when separate credit-repair representations also trigger that subsection |
Federal CROA and the TSR are not interchangeable. CROA’s advance-fee provision turns on the agreed credit-repair service being fully performed. TSR § 310.4(a)(2) has its own later documentation and six-month conditions for covered telemarketing credit-repair claims. TSR § 310.4(a)(5) instead uses a first-valid-result, first-consumer-payment, and allocation structure for covered telemarketing debt-relief services. S_AR-P2-C012–C015. U.S. Code+4
A single offer can potentially contain both credit-repair and debt-relief representations. In that circumstance, it should not be assumed that § 310.4(a)(5) displaces § 310.4(a)(2), CROA, or stricter state law. The actual marketing, contract promises, calls, service components, debts, and fee event must be tested against each applicable rule. S_AR-P2-C016. eCFR+1
The TSR itself is not universal to every DMP. Its definition of “telemarketing” requires a plan, program, or campaign conducted to induce purchases using one or more telephones and involving more than one interstate telephone call. Its “debt relief service” definition concerns represented alteration of debt involving unsecured creditors or debt collectors. A provider must also test the rule’s exemptions and exceptions rather than infer coverage or noncoverage from the service label alone. S_AR-P2-C017. eCFR+1
PATCH 4 — Qualify PASS-01 § 1.6 and claim C013
Add the following qualification to the end of PASS-01 § 1.6
Official Act 736 of 2023 confirms only that the General Assembly amended Arkansas Code § 5-1-104(a)(6) to add a “reasonably should know” formulation to that general territorial-applicability route. Act 736 does not mention debt adjusting, decide whether a website, inbound call, remote contract, Arkansas-originated payment, or out-of-state negotiation is sufficient, or constitute a remote-debt-adjuster holding. PASS-01’s remote-provider discussion remains a text-based application of the general territorial statute, with the specific nexus questions held. S_AR-P2-C020. Arkansas Legislature+2
Replace the confidence/currentness field of S_AR-P1-C013 with
Partial and fact-dependent. The displayed 2025 secondary text of § 5-1-104(a)(1)–(2) supplies the general conduct/result and attempt routes. Official Act 736 of 2023 verifies the amendment to subsection (a)(6) only; it is not authority resolving the debt-adjuster fact patterns listed in PASS-01. No Arkansas controlling application to those remote-provider scenarios was established in this pass.
The substantive hold on remote-provider nexus is unchanged.
PATCH 5 — Replace PASS-01 claim C038
Replacement for S_AR-P1-C038
S_AR-P1-C038 — REPLACED: Currentness is only partially authenticated at the primary-source level. Official Act 1263 of 2015, printed page 21, §§ 17–18, confirms that the General Assembly amended § 5-63-302 to retain the prohibition and place the Class A misdemeanor in subsection (b), and repealed former § 5-63-304’s separate penalty provision. Official Act 736 of 2023 confirms only the amendment to the general territorial statute’s subsection § 5-1-104(a)(6); it is not a debt-adjuster remote-nexus decision. PASS-01’s displayed texts for § 5-63-301’s definitions, § 5-63-303’s injunction/receivership provision, and § 5-63-305’s exclusions were read from a 2025 secondary mirror whose publisher warns that more current or accurate Arkansas information may exist. The exact official current-code portal returned a 403 in the coordinator’s check, and the official 2026 code-sections-amended interface did not supply clean section-level nonsupersession proof. Therefore, PASS-01 must not characterize all core provisions as fully authenticated through current 2026 primary codification or treat the legislative homepage as proof that no later amendment exists. No materially different text was located, and this qualification does not establish that the displayed law is wrong; it holds complete primary currentness pending a readable official codification or a complete enactment chain.
Replacement support: S_AR-P2-C021–C025.
PATCH 6 — Replace PASS-01’s final “Currentness qualification”
Replacement currentness paragraph
The Arkansas debt-adjusting result remains substantively supported but its source pedigree must be stated with precision. Official Act 1263 of 2015 verifies the Legislature’s amendment of § 5-63-302 and repeal of § 5-63-304 as of that enactment. The 2025 secondary mirror displays the same prohibition and Class A misdemeanor language. §§ 5-63-301, 5-63-303, and 5-63-305 were freshly reread from that 2025 secondary mirror, but their full original and intervening primary enactment chain was not obtained. Official Act 736 of 2023 verifies only the amendment to § 5-1-104(a)(6), not the application of Arkansas territorial law to a remote debt-adjusting provider. Arkansas Legislature+6
The official Arkansas legislative site directs users to an external Arkansas Code public-access service, but the Lexis public-access section text was not readable through the regular public-web parser used here. The coordinator’s exact official portal route returned 403 and was not needlessly repeated. The official 2026 amended-code index was also not treated as complete section-level proof of nonsupersession. Consequently, the proper status is partial current primary authentication, not completed 2026 primary authentication and not a finding that the secondary text is erroneous. Arkansas Legislature+2
For § 4-91-202, Act 944 is an official 2017 primary enactment. The 2025 secondary mirror displays the same relevant definition, cancellation, bond, and trust provisions. A 2019 bill that would have amended § 4-91-202 died in Senate committee, but locating that failed bill does not establish a complete post-2017 amendment search or current enactment chain. Arkansas Legislature+2
II. Bounded fee-timing boundary example
P2 Example A — Arkansas bond/trust facts do not answer federal timing
Assumed facts solely for illustrating the boundary
- A for-profit company markets a telephone-sold service as both reducing unsecured debt and improving the consumer’s credit score.
- It uses interstate calls and mails.
- It proposes to charge $99 at enrollment.
- It has a $10,000 Arkansas surety bond.
- It has an Arkansas trust account at an in-state bank, and deposited funds are federally insured.
- No federal or state exclusion has yet been proven.
- No debt has been settled, the consumer has made no creditor payment under a settlement, no promised credit-repair service is fully performed, and no qualifying later consumer report exists.
Step 1 — Arkansas Act 944 state condition
Under the 2017 enactment, the bond and trust facts potentially satisfy the two conditions stated in § 4-91-202(e)(1)(A)–(B) for that one state advance-charge prohibition, assuming state credit-repair coverage, current unchanged text, and every other state condition. That does not establish a fee cap, general provider authorization, or compliance with another law. Arkansas Legislature+1
Step 2 — Federal CROA
If the company meets 15 U.S.C. § 1679a(3)(A) and no exclusion in § 1679a(3)(B) applies, the $99 cannot be charged or received for the agreed credit-repair service before that service is fully performed. The Arkansas bond and trust do not change this result. U.S. Code+1
Step 3 — TSR credit-repair representation
If the calls meet the TSR’s telemarketing coverage and the company represents that its service will improve the consumer’s credit record, § 310.4(a)(2) independently requires expiration of the represented service time frame and later consumer-report documentation satisfying its more-than-six-month condition. Those facts are absent. eCFR+1
Step 4 — TSR debt-relief representation
If the offer is also a covered “debt relief service,” § 310.4(a)(5) separately requires at least one valid altered-debt agreement, one consumer payment under that agreement, and the proper fee allocation for individually resolved debts. Those facts are also absent. eCFR
Result
No lawful time to collect the proposed $99 has been established. This is a timing/classification result, not a conclusion that the maximum fee is $0 and not a provider-authorization determination.
III. PASS-02 source table
| Source ID |
Title / issuer |
Direct literal URL |
Exact pinpoint, version, and effective-status treatment |
Actual PASS-02 treatment |
| S_AR-P2-S001 |
Act 944 of 2017, Arkansas General Assembly |
https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2017R%2FPublic%2FACT944.pdf |
§ 1; PDF printed pp. 2–3 for § 4-91-202(a)(3); printed p. 5 for § 4-91-202(d); printed p. 6 for § 4-91-202(e); printed p. 12 approval date |
Fresh primary read and page-image inspection. Official 2017 enactment, approved April 5, 2017. Establishes enacted text, not a complete post-2017 current chain. Arkansas Legislature+6 |
| S_AR-P2-S002 |
Arkansas Code § 4-91-202, 2025 mirror |
https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-91/subchapter-2/section-4-91-202/ |
Lines 59–100 definition/exclusions; 122–151 contract, cancellation, and advance-charge text; 164–170 history/disclaimer |
Fresh secondary read. Corroborates Act 944 wording; publisher expressly disclaims guaranteed currentness. Not primary 2026 codification. Justia Law |
| S_AR-P2-S003 |
HB1958 bill information, Arkansas General Assembly, 2019 |
https://arkleg.state.ar.us/Bills/Detail?ddBienniumSession=2019%2F2019R&id=HB1958 |
Lines 117–126 title/status; 175–195 status history |
Fresh official read. Proposal to amend the 2017 Act died in Senate committee at sine die. Limited currentness clue only; not a complete amendment chain. Arkansas Legislature |
| S_AR-P2-S004 |
15 U.S.C. § 1679a, Office of the Law Revision Counsel |
https://uscode.house.gov/us/usc/119-118/t15/s1679a/ |
Lines 15–16 currency; 20–45 definitions and exclusions |
Fresh primary federal-code read. Text states laws in effect through Public Law 119-120, October 7, 2026. U.S. Code |
| S_AR-P2-S005 |
15 U.S.C. § 1679b, Office of the Law Revision Counsel |
https://uscode.house.gov/us/usc/119-118/t15/s1679b/ |
Lines 15–16 currency; 47–50 advance-payment subsection |
Fresh primary federal-code read. No bond/trust exception appears in subsection (b). U.S. Code |
| S_AR-P2-S006 |
16 C.F.R. § 310.2, eCFR |
https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.2 |
Lines 65–69 currency; 131–132 debt-relief definition; 162–169 seller, telemarketer, and telemarketing definitions |
Fresh current-regulation read. eCFR displayed Title 16 current through October 22, 2026; authoritative but unofficial. eCFR |
| S_AR-P2-S007 |
16 C.F.R. § 310.4, eCFR |
https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4 |
Lines 103–109 § 310.4(a)(2); 113–131 § 310.4(a)(5) |
Fresh current-regulation read. Distinguishes credit-repair timing from debt-relief timing. eCFR+2 |
| S_AR-P2-S008 |
16 C.F.R. § 310.6, eCFR |
https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.6 |
Lines 101–126 exemptions, including advertisement-response exceptions |
Fresh current-regulation read. Used only to preserve fact-specific TSR coverage; not a full exemption treatise. eCFR |
| S_AR-P2-S009 |
Act 1263 of 2015, Arkansas General Assembly |
https://arkleg.state.ar.us/Acts/FTPDocument?ddBienniumSession=2015%2F2015R&file=1263.pdf&path=%2FACTS%2F2015R%2FPublic%2F |
PDF printed p. 21, §§ 17–18; parsed page index 20, lines 744–755 |
Fresh primary read and page-image inspection. Confirms 2015 amendment to § 5-63-302 and repeal of § 5-63-304. Historical enactment, not alone current nonsupersession proof. Arkansas Legislature+1 |
| S_AR-P2-S010 |
Arkansas Code § 5-63-302, 2025 mirror |
https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-3/section-5-63-302/ |
Lines 45–68 |
Fresh secondary read. Displays the prohibition, Class A misdemeanor, and Act 1263 history. Not official 2026 authentication. Justia Law |
| S_AR-P2-S011 |
Arkansas Code § 5-63-301, 2025 mirror |
https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-3/section-5-63-301/ |
Lines 45–74 |
Fresh secondary read. Definitions and 1967 history; original 1967 act not read. Justia Law |
| S_AR-P2-S012 |
Arkansas Code § 5-63-303, 2025 mirror |
https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-3/section-5-63-303/ |
Lines 45–71 |
Fresh secondary read. Injunction and receivership text; original 1967 act not read. Justia Law |
| S_AR-P2-S013 |
Arkansas Code § 5-63-305, 2025 mirror |
https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-3/section-5-63-305/ |
Lines 45–78 |
Fresh secondary read. Exclusions and history referencing 1967/1983 acts; those historic acts were not read. Justia Law |
| S_AR-P2-S014 |
Act 736 of 2023, Arkansas General Assembly |
https://arkleg.state.ar.us/Acts/FTPDocument?ddBienniumSession=2023%2F2023R&file=736.pdf&path=%2FACTS%2F2023R%2FPublic%2F |
PDF p. 1, § 1, lines 20–26 |
Fresh primary read and page-image inspection. Amends § 5-1-104(a)(6); contains no debt-adjuster-specific holding or application. Arkansas Legislature+1 |
| S_AR-P2-S015 |
Arkansas Code § 5-1-104, 2025 mirror |
https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-104/ |
Lines 45–75 |
Fresh secondary read. Displays general territorial routes and Act 736 history. Justia Law |
| S_AR-P2-S016 |
Arkansas Law section, Arkansas General Assembly |
https://www.arkleg.state.ar.us/ArkansasLaw |
Lines 13–17 and 116–132 |
Fresh official read. Confirms that the legislative site directs the Arkansas Code link to an external service; does not itself display section text. Arkansas Legislature |
| S_AR-P2-S017 |
Code of Arkansas Public Access, Lexis |
https://plus.lexis.com/container?config=00JAA3ZTU0NTIzYy0zZDEyLTRhYmQtYmRmMS1iMWIxNDgxYWMxZTQKAFBvZENhdGFsb2cubRW4ifTiwi5vLw6cI1uX |
Public-access landing route |
Fresh attempted access. Search discovery identified the Arkansas public-access code, but the regular web parser returned no readable section content. Not used as substantive evidence. Lexis Plus+1 |
| S_AR-P2-S018 |
Arkansas Code Search portal |
https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statutes/ |
Exact official current-code portal |
Coordinator-supplied check, not rerun: returned 403. No workaround, account, permission change, or Chrome control attempted. Discovery confirms the service description only. Arkansas Portal |
| S_AR-P2-S019 |
Code Sections Amended, 2026 Fiscal Session, Arkansas General Assembly |
https://www.arkleg.state.ar.us/Acts/CodeSectionsAmended?ddBienniumSession=2025%2F2026F |
Official 2026 index route |
Coordinator-supplied check, not rerun: titles/JavaScript presentation did not provide clean section-level nonsupersession proof for the relevant provisions. Not treated as proof that no amendment exists. |
IV. Consequential PASS-02 claim table
| Claim ID |
Precise corrected assertion |
Source IDs / exact pinpoints |
Conditions and confidence |
| S_AR-P2-C001 |
Act 944 created the Credit Repair Services Organizations Act of 2017 in new § 4-91-202 and repealed the former 1987 framework. |
S001, § 1 and later repeal sections |
High as historical enactment. Not a complete current chain. |
| C002 |
State credit-repair coverage under Act 944 is function- and consideration-based and includes specified credit-improvement, credit-obtainment, lender-location, loan, and advice services. |
S001, § 4-91-202(a)(3)(A), printed pp. 2–3 |
High as enacted text. Individual application held. |
| C003 |
Act 944’s state nonprofit exclusion requires a corporation qualifying under § 501(c)(3); an unverified nonprofit label is insufficient. |
S001, § 4-91-202(a)(3)(B)(iii) |
High as enacted text. Actual status must be proven. |
| C004 |
Arkansas’s debt-adjuster nonprofit exclusion and credit-repair 501(c)(3) exclusion are separate tests. |
S013, § 5-63-305(6); S001, § 4-91-202(a)(3)(B)(iii) |
High as textual distinction; current primary authentication partial. |
| C005 |
Act 944’s state advance-charge exception required both a $10,000 bond and an in-state federally insured trust account. |
S001, § 4-91-202(e)(1)(A)–(B), printed p. 6 |
High as 2017 enactment. Does not approve any provider. |
| C006 |
The state bond/trust language is not a fee cap or general market authorization, and its complete post-2017 primary currentness chain was not established. |
S001; S002; S017–S019 |
High qualification. |
| C007 |
Act 944 enacted a five-day cancellation notice and ten-day return language only for covered credit-repair contracts. |
S001, § 4-91-202(d)(1)(C), (d)(2), printed p. 5 |
High as enacted text. No universal DMP import. |
| C008 |
Federal CROA coverage requires the elements in 15 U.S.C. § 1679a(3)(A); a DMP label alone does not establish coverage. |
S004, § 1679a(3)(A) |
High as federal text. Service-specific application held. |
| C009 |
Federal CROA’s nonprofit exclusion is specifically tied to § 501(c)(3), and its creditor/institutional exclusions have their own limits. |
S004, § 1679a(3)(B)(i)–(iii) |
High. Actual exclusion facts required. |
| C010 |
Where CROA applies, § 1679b(b) bars charging or receiving consideration for an agreed service before that service is fully performed. |
S005, § 1679b(b) |
High. No complete-program construction or case-law gloss supplied. |
| C011 |
Arkansas bond/trust compliance does not create an exception to federal § 1679b(b). |
S001, § 202(e)(1); S005, § 1679b(b) |
High cumulative-law conclusion. |
| C012 |
TSR § 310.4(a)(2) has distinct credit-repair timing: represented time frame expired plus later consumer-report documentation. |
S007, § 310.4(a)(2)(i)–(ii) |
High where TSR and representation coverage are established. |
| C013 |
The § 310.4(a)(2) report must be issued more than six months after the represented result was achieved. |
S007, § 310.4(a)(2)(ii) |
High. |
| C014 |
TSR § 310.4(a)(5) separately requires a valid first debt result, one customer payment, and prescribed allocation for individually resolved debts. |
S007, § 310.4(a)(5)(i)(A)–(C) |
High where debt-relief and TSR coverage apply. |
| C015 |
TSR credit-repair timing and debt-relief timing are distinct; neither should be silently substituted for the other. |
S007, § 310.4(a)(2), (a)(5) |
High. |
| C016 |
A mixed offer can potentially implicate both timing provisions; application depends on actual representations and telemarketing facts. |
S006–S008 |
Moderate legal application; no provider determination. |
| C017 |
The TSR does not universally apply to every DMP; telemarketing and service-definition facts must first be established. |
S006, § 310.2(o), (ii); S008 |
High as coverage limitation. |
| C018 |
No ten-day DMP refund deadline follows merely from Act 944’s credit-repair notice. |
S001, § 202(d); S011–S013 |
High boundary conclusion. |
| C019 |
No fee amount or cap should be inferred from Act 944’s bond/trust provision or federal CROA timing. |
S001, § 202(e)(1); S005, § 1679b(b) |
High. Timing/condition provisions are not fee schedules. |
| C020 |
Act 736 amended general territorial subsection § 5-1-104(a)(6) but did not resolve remote debt-adjuster nexus. |
S014, § 1; S015 |
High as source characterization; fact applications held. |
| C021 |
Act 1263, §§ 17–18, verifies the 2015 placement of the prohibition and Class A misdemeanor in § 5-63-302 and repeal of § 5-63-304. |
S009, printed p. 21 |
High as 2015 primary enactment. |
| C022 |
Act 1263 is not by itself proof that § 5-63-302 was never later amended. |
S009; S010; S018–S019 |
High currentness limitation. |
| C023 |
PASS-01’s current texts of §§ 5-63-301, 303, and 305 were obtained from a 2025 secondary mirror, not freshly read original 1967/1983 enactments or an official 2026 codification. |
S011–S013 |
High provenance correction. |
| C024 |
The official current-code path was not substantively readable in this workflow; complete primary 2026 authentication remains held. |
S016–S019 |
High access-status conclusion. |
| C025 |
No materially different text was established, but absence of a later amendment also was not conclusively proven from the homepage or JS/index routes. |
S009–S019 |
Qualified conclusion; avoids both false currentness and false invalidation. |
| C026 |
HB1958’s failed 2019 amendment is a limited chain clue, not complete proof of all post-2017 legislative activity. |
S003 |
High. |
V. Correction coverage and exact next authority
| Corrected component |
PASS-02 status |
Claim IDs |
What is now resolved |
What remains held / exact next authority |
| Arkansas credit-repair advance-fee wording |
Resolved as 2017 enactment |
C001–C007 |
New § 4-91-202 text; bond and trust; five-day/ten-day contract language |
Obtain readable official current § 4-91-202 or complete Acts/codification chain through Oct. 24, 2026 |
| Federal CROA definition and advance-fee rule |
Resolved at statutory-text level |
C008–C011 |
Definition, exclusions, and fully-performed timing |
Provider-specific facts; agreed-service construction; federal case law, contracts, waiver, remedies, and preemption remain later work |
| Nonprofit precision |
Resolved boundary |
C003–C004, C009 |
State credit-repair and federal CROA exclusions specifically use § 501(c)(3); debt-adjuster nonprofit rule is different |
Verify actual IRS status, entity identity, service activity, and every applicable exclusion |
| TSR credit-repair versus debt-relief timing |
Resolved at rule-text level |
C012–C017 |
§ 310.4(a)(2) and (a)(5) are distinct; coverage is not universal |
Actual calls, advertising, interstate-call count, unsecured-debt scope, representations, exemptions, and fee event |
| Ten-day return language |
Resolved boundary |
C007, C018 |
Credit-repair contract language cannot be silently imported into ordinary DMP cancellation |
Full DMP agreement/cancellation/refund pass remains open |
| Fee cap inference |
Resolved negatively |
C006, C019 |
Neither bond/trust nor CROA timing supplies a fee cap |
Other applicable Arkansas/federal fee laws remain model-specific |
| § 5-63-302 prohibition/penalty enactment |
Resolved historically; currentness partial |
C021–C022 |
Official 2015 amendment and § 304 repeal verified |
Official current § 302 or complete later-act chain |
| §§ 5-63-301, 303, and 305 |
Substance retained; primary currentness held |
C023–C025 |
2025 mirror text and provenance accurately characterized |
Read official current codification; obtain Acts 61/1967 and 189/1983; trace intervening enactments |
| Remote-provider nexus |
Partial/held |
C020 |
Act 736’s actual limited role corrected |
Controlling Arkansas applications of § 5-1-104(a)(1), (2), or (6) to remote service businesses or debt adjusters |
| Full state currentness |
Held |
C022–C026 |
Overstatement removed without declaring displayed law wrong |
Readable Arkansas official code; section-level session laws; Code Revision Commission changes where material |
| Named-provider status |
Excluded from correction |
— |
No provider authorization inferred |
Exact entity and status searches only after a provider is identified |
| Other Arkansas dossier categories |
Open, unchanged |
— |
None accepted by implication |
Agreements, funds, bonds, remedies, collection, litigation, limitations, secured debt, sectors, local, tribal, contract, case law, parent and A066 passes |
VI. Researcher self-check
Freshly read or visually inspected in PASS-02
- Official Arkansas Act 944 of 2017:new § 4-91-202(a) definition and exclusions;§ 4-91-202(d) contract/cancellation language;§ 4-91-202(e) bond-and-trust wording;approval date;repeal structure for the former 1987 provisions.
- OLRC’s current displays of 15 U.S.C. §§ 1679a and 1679b, stated through Public Law 119-120, October 7, 2026.
- Current eCFR displays of 16 C.F.R. §§ 310.2, 310.4, and 310.6, stated current through October 22, 2026.
- Official Arkansas Act 1263 of 2015, printed page 21, §§ 17–18.
- Official Arkansas Act 736 of 2023, § 1.
- The 2025 secondary mirrors of Arkansas Code §§ 4-91-202, 5-63-301, 5-63-302, 5-63-303, 5-63-305, and 5-1-104.
- Official Arkansas HB1958 status showing the 2019 proposal died in Senate committee.
- The official Arkansas Law page and the external Lexis public-access landing route.
Reused only as supplied coordinator checks
- The exact official current-code portal’s 403 result.
- The 2026 Code Sections Amended index’s title/JavaScript limitation.
Those two routes were not falsely described as freshly read section text and were not needlessly repeated.
Not obtained or not completed
- A readable official October 2026 codification of the relevant Arkansas sections.
- A complete enactment and codification chain for § 4-91-202 after Act 944.
- Original Acts 61 of 1967 or 189 of 1983.
- A full post-enactment chain for §§ 5-63-301, 303, and 305.
- Federal CROA contract, case-law, remedies, waiver, arbitration, or preemption analysis.
- Provider-specific CROA, TSR, state credit-repair, or § 501(c)(3) classification.
- Any named-provider authorization or registration.
- Any full agreement, client-funds, bond, collection, remedies, sector, local, tribal, limitations, or comprehensive case-law pass.
No independent-review, state-acceptance, provider-authorization, publication-readiness, local-write, parent-dossier, or A066-acceptance claim is made.
END S_AR PASS-02.