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MI SB0343
Bill
AI Summary
SB 343 Summary
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Renames and restructures the "Guaranteed Asset Protection Waiver Act" as the "Motor Vehicle Financial Protection Products Act" to regulate broader financial protection products for motor vehicles beyond just GAP waivers.
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Expands the scope to include two types of motor vehicle financial protection products: debt waivers (guaranteed asset protection waivers and excess wear and use waivers) and vehicle value protection agreements (which provide benefits toward finance deficiency reduction or replacement vehicle purchase/lease).
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Establishes that motor vehicle financial protection products cannot be conditioned on credit extension or terms, must include clear written disclosures, provide a minimum 30-day free look period for cancellation with full refunds if no benefits received, and specify refund methodologies and cancellation procedures.
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Requires providers of vehicle value protection agreements to maintain financial security through one of three options: reimbursement insurance with specified capital requirements, funded reserves (40% of gross consideration) plus a financial security deposit (5% minimum, not less than $25,000), or parent company net worth of $100,000,000.
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Transfers enforcement authority from the Commissioner of the Office of Financial and Insurance Regulation to the Department of Attorney General, which may issue cease-and-desist orders and pursue remedies under the Michigan Consumer Protection Act; exempts debt waivers offered by banks/credit unions and products in commercial transactions from certain requirements.
Legislative Description
Consumer protection: other; guaranteed asset protection waiver act; modify and update to the motor vehicle financial protection products act. Amends title & secs. 1, 3, 5, 7, 9 & 11 of 2009 PA 229 (MCL 492.21 et seq.); adds secs. 3a, 4 & 9a & pts. 5 & 9; designates sec. 1 as pt. 1, sec. 3 as pt. 2, sec. 3a as pt. 3, secs. 4, 5, 7, 9 & 9a as pt. 4 & sec. 11 as pt. 6 & repeals sec. 13 of 2009 PA 229 (MCL 492.33). TIE BAR WITH: SB 0344'23, SB 0345'23, SB 0346'23, SB 0347'23
Trade: vehicles
Last Action
Referred To Committee On Regulatory Affairs
5/23/2023