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MI HB4989

Bill

Status

Passed

12/31/2009

Primary Sponsor

Bertram Johnson

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Origin

House of Representatives

95th Legislature

AI Summary

  • Regulates guaranteed asset protection (GAP) waivers offered in connection with motor vehicle finance agreements, requiring creditors to comply beginning 180 days after enactment.

  • Requires GAP waivers to include a minimum 30-day free look period allowing borrowers to cancel without penalty and receive full refunds if no benefits were received.

  • Mandates that installment and retail sellers insure GAP waiver obligations through contractual liability or other insurance policies issued by authorized insurers.

  • Requires clear written disclosure of waiver terms, conditions, cancellation rights, refund procedures, and a prohibition on conditioning credit extension on waiver purchase.

  • Authorizes the Commissioner of Financial and Insurance Regulation to enforce compliance through cease-and-desist orders and administrative fines up to $500 per violation, with aggregate fines capped at $20,000 for similar violations.

Legislative Description

Consumer protection; retail installment sales; sales of guaranteed asset protection waivers to installment buyers of certain vehicles; regulate. Creates new act. TIE BAR WITH: HB 4990'09, HB 4991'09, HB 4992'09

Trade, vehicles

Last Action

Assigned Pa 229'09 With Immediate Effect 2009 Addenda

12/31/2009

Committee Referrals

Economic Development & Regulatory Reform10/8/2009
Insurance5/26/2009

Full Bill Text

No bill text available