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MS HB1195
Bill
Status
1/30/2018
Primary Sponsor
Gary Chism
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AI Summary
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Creates Chapter 52, Title 83 of Mississippi Code to establish a framework for offering guaranteed asset protection (GAP) waivers on motor vehicle finance agreements, leases, and retail installment sales.
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Exempts GAP waivers from insurance regulation and licensing requirements when offered in compliance with the chapter, though retail sellers must insure their GAP waiver obligations through a contractual liability or other insurance policy.
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Requires GAP waivers to include written disclosure of terms, conditions, a minimum 30-day free look period with full refund rights, cancellation procedures, refund calculation methods, and confirmation that credit extension cannot be conditioned on purchasing the waiver.
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Allows borrowers to cancel GAP waivers during the free look period for a full refund, and may be entitled to refunds of unearned portions if cancelled after this period or if the finance agreement terminates early.
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Grants the Office of Attorney General, Consumer Protection Division authority to enforce the chapter and impose penalties up to $500 per violation or $10,000 in aggregate for similar violations; effective July 1, 2018.
Legislative Description
Guaranteed asset protection waivers; provide for and regulate.
Last Action
Died In Committee
1/30/2018