(1) A consumer maintenance funding provider may only provide legal funding to a consumer if the consumer maintenance funding provider and the consumer enter into a consumer maintenance funding agreement that meets the requirements of Section 13-57-301.
(2) Before executing a consumer maintenance funding agreement, a consumer maintenance funding provider shall file with the division a template of the consumer maintenance funding agreement.
(3) A consumer maintenance funding provider may not:
(a) pay or offer to pay a commission, referral fee, or any other form of consideration to the following for referring a consumer to the consumer maintenance funding provider:
(i) an attorney authorized to practice law;
(ii) a health care provider; or
(iii) an employee, independent contractor, or other person affiliated with a person described in Subsection (3)(a)(i) or (ii);
(b) accept a commission, referral fee, or any other form of consideration from a person described in Subsection (3)(a) for referring a consumer to the person;
(c) refer a consumer or potential consumer to a person described in Subsection (3)(a), unless the referral is to a local or state bar association referral service;
(d) intentionally advertise materially false or misleading information about the consumer maintenance funding provider's services;
(e) make or attempt to influence a decision relating to the conduct, settlement, or resolution of a legal action for which the consumer maintenance funding provider provides legal funding;
(f) knowingly pay or offer to pay court costs, filing fees, or attorney fees using legal funding;
(g) attempt to obtain a waiver of a remedy or right from the consumer, including the right to trial by jury.
(h) represent that the division or the state endorses the consumer maintenance funding provider;
(i) omit from a filing with the division a material statement of fact that this chapter or a rule the division makes in accordance with this chapter requires; or
(j) include in a filing with the division a material statement of fact that the consumer maintenance funding provider or consumer maintenance funding provider's principal knows or should know is false, deceptive, inaccurate, or misleading.
(4) A consumer maintenance funding provider shall provide a consumer who enters a consumer maintenance funding agreement a copy of the executed consumer maintenance funding agreement.
(5) A consumer maintenance funding provider may not offer maintenance funding to a consumer who has retained, or been referred by, an attorney or law firm that has a financial interest in the consumer maintenance funding provider.
(6) A consumer maintenance funding provider may not enter into a consumer maintenance funding agreement directly or indirectly with a foreign entity of concern or a foreign country or person of concern.