S_NH PASS-02 — Bounded worked-example consistency correction
Actual access date: October 24, 2026, Pacific.
Runtime: GPT-5.6 Sol Pro, regular Chat, under the authorized quality-first fallback.
Disposition: PASS-01 remains immutable. This correction replaces only PASS-01 Examples 7 and 8 and adds the two-source/two-example corrective record below.
Correction determination
PASS-01 Example 7’s individual calculations—$750 total fee, $150 proportional share for a $1,000 debt, and $750 − $650 = $100—were arithmetically correct in isolation. The combined premise was not internally consistent.
Under the example’s single $5,000 enrollment, fixed $750 total fee, and proportional-balance method, all debts other than the identified $1,000 debt total only $4,000. They can therefore support at most:
Plain text
$4,000 ÷ $5,000 × $750 = $600
They cannot support $650 in properly allocated prior fees. Moreover, describing the $1,000 debt as the “first resolved debt” leaves no disclosed earlier qualifying debt from which prior fees could have been earned. Section 310.4(a)(5)(i) requires not just a first payment, but a valid alteration agreement, a payment under that agreement, and—when debts are resolved individually—the selected allocation calculation. eCFR
Exact replacement for PASS-01 Example 7
Example 7 — Later partial settlement, prior proportional fees, and remaining aggregate headroom
Plain text
Single enrollment and fee method
Total enrolled principal at enrollment: $5,000
Contracted total fee for the entire enrolled balance: $750
New Hampshire aggregate percentage:
$750 ÷ $5,000 = 15%
Federal allocation method used for every individually
resolved debt:
proportional enrolled-balance method under
16 C.F.R. §310.4(a)(5)(i)(C)(1)
Earlier resolved debts and prior fees
Debt A enrolled balance: $2,000
Assumed performance:
- Debt A was altered under a valid agreement.
- The customer made at least one payment under that agreement.
- The fee was charged only to the extent then permitted by
the New Hampshire 30-day/monthly-amortization requirements
and the contract.
Debt A proportional fee:
$2,000 ÷ $5,000 × $750 = $300
Debt B enrolled balance: $1,000
Assumed performance:
- Debt B was altered under a valid agreement.
- The customer made at least one payment under that agreement.
- The fee was charged only to the extent then permitted by
the New Hampshire 30-day/monthly-amortization requirements
and the contract.
Debt B proportional fee:
$1,000 ÷ $5,000 × $750 = $150
Prior properly earned and permitted fees:
$300 + $150 = $450
Newly resolved debt
Debt C enrolled balance: $1,000
Assumed federal performance:
- Debt C was altered under a valid agreement.
- The customer made at least one payment under that agreement.
Debt C proportional allocation:
$1,000 ÷ $5,000 × $750 = $150
Two numerical constraints
Remaining New Hampshire aggregate-cap headroom before Debt C:
$750 − $450 = $300
Federal amount allocated to Debt C:
$150
Maximum under these two numerical constraints:
lesser of $300 and $150 = $150
Remaining debt
Debt D unresolved enrolled balance: $1,000
Remaining proportional share associated with Debt D:
$1,000 ÷ $5,000 × $750 = $150
That remaining $150 is not earned on the stated facts because
Debt D has not been altered and no qualifying payment under an
agreement for Debt D is stated.
Timing qualification
The $150 attributable to Debt C is the maximum supported by the
federal proportional-allocation calculation and the remaining
New Hampshire aggregate cap.
It is not automatically the amount presently requestable or
receivable. The presently chargeable amount remains the lesser of:
1. $150; and
2. the amount, if any, then permitted by the contract's
New Hampshire-compliant monthly-amortization schedule
after the contract has been effective at least 30 days
and at the applicable 30-day interval.
Because the contract term and monthly schedule are not supplied,
this example does not determine how much of the $150 can be
collected at a particular interval.
This replacement uses one enrollment, one $750 total contract fee, and one proportional allocation method across all debts. It does not resolve PASS-01’s hold concerning the precise meaning or permissible construction of New Hampshire’s “monthly amortized fee.” RSA 399-D:16 I preserves the 30-day contract-age and 30-day-interval conditions, while paragraph II supplies the 15% aggregate ceiling. New Hampshire Government+1
Exact replacement for PASS-01 Example 8
Example 8 — Federal dedicated-account withdrawal, with earned-fee deduction qualified
Plain text
Customer-owned dedicated-account balance: $2,000
Assumed deductible earned fee: $300
For purposes of this example, the $300 assumption means that:
- the debt or debts supporting the $300 were altered under
valid creditor or debt-collector agreements;
- the customer made at least one payment under each agreement
supporting the fee;
- the $300 was calculated under the same selected
§310.4(a)(5)(i)(C) allocation method used for the enrollment;
- no part of the $300 exceeds the amount allocable to the
qualifying resolved debt or debts; and
- the fee was also permitted to be charged or received under
applicable RSA 399-D:16 conditions and the contract,
including the contract-age and monthly-amortization constraints.
Funds remaining after the assumed properly earned fee:
$2,000 − $300 = $1,700
Result if all §310.4(a)(5)(ii) dedicated-account conditions apply:
$1,700 must be returned within seven business days after
the customer's request.
Failure case:
If some or all of the $300 was not earned in compliance with
§310.4(a)(5)(i)(A) through (C), it cannot be excluded from the
account-return amount merely because the customer made one payment.
The return amount would then exceed $1,700 to the extent the
$300 deduction was unsupported.
The $1,700 subtraction remains unchanged. The correction is to its premise: the federal dedicated-account provision excludes only funds earned in compliance with all three relevant federal components, including the allocation requirement—not fees supported solely by one payment. This example still does not establish a general New Hampshire cancellation-refund rule. eCFR+1
PASS-01 disposition
| PASS-01 item |
PASS-02 disposition |
| C024 — settlement fees based on total contractual indebtedness and capped at 15% |
Unchanged and remains correct. |
| C025 — no state fee before day 30; thereafter monthly amortized fees at 30-day intervals; exact formula unresolved |
Unchanged and remains correct. Both corrected examples expressly preserve this condition and hold. |
| C032 — federal valid-agreement and first-payment prerequisites |
Unchanged and remains correct. Example 7 now states the prerequisites separately for each fee-supporting debt. |
| C033 — proportional or constant-savings allocation and dedicated-account treatment |
Unchanged and remains correct. Example 7 now applies one proportional method consistently; Example 8 now conditions the $300 deduction on compliance with A–C. |
| Example 7’s $750 aggregate ceiling |
Unchanged. |
| Example 7’s $150 calculation for a $1,000 debt |
Unchanged when the proportional method applies. |
| Example 7’s assumption of $650 in prior properly earned fees |
Withdrawn for the stated facts. Other debts totaling $4,000 could support no more than $600 under that fixed proportional arrangement, and “first resolved debt” disclosed no earlier resolved debt. |
| Example 7’s $100 headroom calculation |
Arithmetic remains true only as an abstract subtraction, but its $650 premise was unsupported. It is replaced by the internally consistent $450-prior-fee/$300-headroom scenario above. |
| Example 8’s $2,000 − $300 = $1,700 calculation |
Unchanged. |
| Example 8’s characterization of the $300 as earned |
Qualified. The $300 must satisfy §310.4(a)(5)(i)(A)–(C) and applicable New Hampshire conditions; one payment alone is insufficient. |
S_NH-P2 source register
| Source ID |
Title, issuer, and complete literal URL |
Pinpoint, version, and effective status |
Actual read and limitation |
| S_NH-P2-S001 |
RSA 399-D:16, Provisions Applicable to Debt Settlement Plans Under This Chapter — New Hampshire General Court https://gc.nh.gov/rsa/html/XXXVI/399-D/399-D-16.htm |
Paragraph I: no fee entitlement before 30 days; thereafter monthly amortized fee at 30-day intervals, subject to prepayment/cancellation language. Paragraph II: fees based on total contractual indebtedness and no more than 15%. Source notation: 2016, 151:1, effective January 1, 2017. Current codified HTML as accessed October 24, 2026. |
Paragraphs I–II actually read October 24, 2026. Used only for the aggregate ceiling and state timing qualification. It does not resolve the still-held monthly-amortization formula. New Hampshire Government |
| S_NH-P2-S002 |
16 C.F.R. §310.4, Abusive Telemarketing Acts or Practices — Electronic Code of Federal Regulations https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310/section-310.4 |
§310.4(a)(5)(i)(A)–(C)(1): valid alteration agreement, customer payment, and proportional enrolled-balance allocation. §310.4(a)(5)(ii)(E): account withdrawal and exclusion only for funds earned in compliance with A–C. Title 16 displayed as up to date through October 22, 2026; last amended October 19, 2026. |
Exact provisions actually read October 24, 2026. eCFR is authoritative but unofficial. Federal rule remains conditional on TSR coverage; this pass does not revisit coverage. eCFR+1 |
S_NH-P2 corrective claim rows
| Claim ID |
New corrective assertion |
Sources and pinpoints |
Conditions and confidence limit |
| S_NH-P2-C001 |
Under one $5,000 enrollment, one $750 total fee, and §310.4(a)(5)(i)(C)(1)’s proportional method, debts totaling $4,000 can support at most $600 in proportional fees. PASS-01 Example 7’s $650-prior-fee premise was therefore inconsistent; calling the $1,000 debt “first resolved” also failed to disclose an earlier performance basis. |
S_NH-P2-S001, RSA 399-D:16 II; S_NH-P2-S002, §310.4(a)(5)(i)(A)–(C)(1). New Hampshire Government+1 |
Mathematical and rule-consistency correction only. It does not determine whether any particular fee was actually charged lawfully. |
| S_NH-P2-C002 |
In the replacement scenario, earlier resolved debts of $2,000 and $1,000 support $300 and $150 respectively; prior fees are $450. A newly resolved $1,000 debt supports a $150 proportional allocation, while aggregate-cap headroom is $300. The numerical maximum under those two constraints is therefore $150. |
S_NH-P2-S001, RSA 399-D:16 I–II; S_NH-P2-S002, §310.4(a)(5)(i)(A)–(C)(1). eCFR+1 |
Actual present collectibility may be below $150 because the New Hampshire contract-age and monthly-amortization schedule remain independently applicable and unspecified. |
| S_NH-P2-C003 |
In Example 8, $300 may be excluded from the dedicated-account return amount only if it was earned in compliance with §310.4(a)(5)(i)(A)–(C); a single payment without the agreement and allocation predicates is insufficient. Applicable New Hampshire timing and cap conditions also remain separately necessary. |
S_NH-P2-S002, §310.4(a)(5)(i)(A)–(C), (a)(5)(ii)(E); S_NH-P2-S001, RSA 399-D:16 I–II. eCFR+1 |
Does not resolve general New Hampshire refunds, cancellation consequences, or dedicated-account legality. |
Coverage patch
| PASS-01 example |
Patched status |
Exact effect |
Remaining holds |
| Example 7 |
Corrected |
Replaced the inconsistent $650 prior-fee premise with two disclosed earlier resolved debts supporting $450 under the same proportional method. Added the newly resolved $1,000 debt, $150 allocation, $300 aggregate headroom, and the lesser-of-$150 result. |
Exact New Hampshire monthly-amortization formula, interval availability, cancellation, refund, and broader timing questions remain unresolved. |
| Example 8 |
Qualified |
Preserved the $1,700 subtraction but made the $300 deduction expressly dependent on valid agreements, payments, consistent allocation under A–C, and applicable New Hampshire conditions. |
General New Hampshire refund rules, cancellation treatment, account structure, custody, and other PASS-01 funds holds remain unresolved. |
All other PASS-01 sources, claims, examples, FAQ-403 gaps, monthly-formula hold, repayment-cap hold, fair-share hold, commercial money-transmission hold, NMLS/currentness issues, contract questions, case-law questions, and full-state categories remain unchanged. This is not an independent review, full-component acceptance, whole-state acceptance, A066 acceptance, or publication determination.
END S_NH PASS-02.