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MS HB1195

Bill

Status

Failed

1/30/2018

Primary Sponsor

Gary Chism

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Insurance1/15/2018

Full Bill Text

No bill text available