Current through the 2024 Fourth Special Session
Section 31A-6b-302 - Required disclosures(1) A guaranteed asset protection waiver shall disclose the information described in Subsection (2): (b) in understandable language that is easy to read.(2) A guaranteed asset protection waiver shall disclose: (a) the name and address of the initial creditor and the borrower at the time the guaranteed asset protection waiver is executed;(b) if there is an administrator for the guaranteed asset protection waiver:(i) the name of the administrator;(ii) the address of the administrator; and(iii) a toll-free number to contact the administrator;(c) the charge for the guaranteed asset protection waiver;(d) the terms of the guaranteed asset protection waiver, including:(i) the requirements for receiving the protection of the guaranteed asset protection waiver;(ii) the conditions imposed by the guaranteed asset protection waiver; and(iii) the exclusions from the protection of the guaranteed asset protection waiver;(e) the procedure the borrower must follow, if any, to obtain a benefit under the guaranteed asset protection waiver, including a telephone number and address where the borrower may apply for a benefit under the guaranteed asset protection waiver;(f) that the borrower may cancel the guaranteed asset protection waiver;(g) the rights the borrower has to a refund under Section 31A-6b-303;(h) if the guaranteed asset protection waiver is cancelled or terminated after the preliminary period: (i) the procedures for requesting a refund under Section 31A-6b-303, including that the borrower request a refund in writing in accordance with Section 31A-6b-303; and(ii) the methodology for calculating the refund due, if any;(i) that none of the following may be conditioned on the purchase of a guaranteed asset protection waiver: (i) the extension of credit;(ii) a term of credit; or(iii) a term of the related vehicle sale or lease; and(j)(i) that a guaranteed asset protection waiver is subject to limited regulation by the commissioner; and(ii) that a complaint regarding a guaranteed asset protection waiver may be submitted to the commissioner.Enacted by Chapter 274, 2010 General Session.