Current through the 2024 Fourth Special Session
Section 31A-6a-105 - Prohibited acts(1) Except as provided in Subsection 31A-6a-104(2), a service contract provider or warrantor may not use in the service contract provider or warrantor's name, a contract, or literature: (a) any of the following words: (v) another word descriptive of the insurance, casualty, or surety business; or(b) a name deceptively similar to the name or description of: (i) an insurance or surety corporation; or(ii) another service contract provider.(2) A service contract provider, a service contract provider's representative, a warrantor, or a warrantor's representative may not:(a) make, permit, or cause to be made a false or misleading statement in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product; or(b) deliberately omit a material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product.(3) A bank, savings and loan association, insurance company, or other lending institution may not require the purchase of a service contract as a condition of a loan.(4) Except for a bank, savings and loan association, industrial bank, or credit union, a service contract provider may not sell, or be the obligated party for:(a) a guaranteed asset protection waiver, unless registered with the commissioner under Chapter 6b, Guaranteed Asset Protection Waiver Act;(b) a debt cancellation agreement, unless licensed by the commissioner; or(c) a debt suspension agreement, unless licensed by the commissioner.(5) A warrantor or the warrantor's representative may not: (a) require the purchase of a vehicle protection product as a condition of the financing, lease, or purchase of a motor vehicle; or(b) sell a vehicle protection product to a consumer before providing the consumer, for review, a copy of the vehicle protection product warranty that is filed with the Department of Insurance.Amended by Chapter 319, 2018 General Session ,§ 14, eff. 5/8/2018.Amended by Chapter 244, 2015 General Session ,§ 6, eff. 5/12/2015.Amended by Chapter 274, 2010 General Session