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NC S425
Bill
AI Summary
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Creates new Article 48 governing vehicle value protection agreements (VVPAs) that provide benefits for reduction of finance agreement deficiency balances, replacement vehicle purchases, or diminished value/depreciation upon adverse vehicle events.
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Establishes financial security requirements for VVPA providers: either reimbursement insurance with $10-15 million in surplus, or provider net worth of at least $100 million with SEC filing or audited financial statements.
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Requires VVPAs to include 30-day minimum free-look period allowing full refunds if no benefits claimed, clear written disclosures of terms/conditions/exclusions, and prohibits conditioning credit on VVPA purchase.
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Distinguishes VVPAs from guaranteed asset protection (GAP) waivers and exempts both from insurance regulation under Chapter 58 of North Carolina General Statutes.
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Becomes effective January 1, 2022, applying to agreements entered into on or after that date; Attorney General empowered to enforce with penalties up to $500 per violation and $10,000 aggregate.
Legislative Description
GAP and VVPA Agreement Changes
Public
Last Action
Ch. SL 2021-172
10/28/2021