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NC S425

Bill

Status

Passed

10/28/2021

Primary Sponsor

James Woodard

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Distinguishes VVPAs from guaranteed asset protection (GAP) waivers and exempts both from insurance regulation under Chapter 58 of North Carolina General Statutes.

  • 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

Committee Referrals

Rules, Calendar, and Operations of the House8/31/2021
Commerce6/24/2021
Rules, Calendar, and Operations of the House5/13/2021
Rules and Operations of the Senate5/10/2021
Judiciary5/6/2021
Commerce and Insurance5/3/2021
Rules and Operations of the Senate4/1/2021

Full Bill Text

No bill text available