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8-37-3
Section 8-37-3 (Effective January 1, 2018) GAP waivers authorized; charges; insurance; creditor
requirements. (a) GAP waivers may be offered, sold, or provided to borrowers in this state
under this chapter. (b) GAP waivers, at the option of the creditor that offers the GAP waiver,
may be sold for a single payment or may be offered with a monthly or periodic payment option.
(c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to
the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15
U.S.C. ยง1601 et seq., and its implementing regulations, as they may be amended from time
to time, shall be separately stated and is not to be considered a finance charge or interest.
If the charge for a GAP waiver is financed, the charge shall be separately itemized on the
finance agreement. (d) A retail seller shall insure its GAP waiver obligations under a contractual
liability or other insurance policy issued by an insurer. A creditor,...
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8-37-2
Section 8-37-2 (Effective January 1, 2018) Definitions. For the purposes of this chapter, the
following words have the following meanings: (1) ADMINISTRATOR. A person, other than an insurer
or creditor, that performs administrative or operational functions pursuant to guaranteed
asset protection waiver programs. (2) BORROWER. A debtor, retail buyer or lessee, under a
finance agreement. (3) CREDITOR means any of the following: a. The lender in a loan or credit
transaction. b. The lessor in a lease transaction. c. Any retail seller of motor vehicles
in a retail installment transaction. d. The seller in commercial retail installment transactions.
e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.
(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase
or lease of a motor vehicle. (5) FREE LOOK PERIOD. The period of time from the effective date
of the GAP waiver until the date the borrower may cancel the GAP...
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8-37-8
Section 8-37-8 (Effective January 1, 2018) Enforcement. (a) The Superintendent of Banks may
take action which is necessary or appropriate to enforce the provisions of this chapter and
to protect GAP waiver holders in this state. After proper notice and opportunity for hearing,
the superintendent may do both of the following: (1) Order the creditor, administrator, or
any other person not in compliance with this chapter to cease and desist from further GAP
waiver-related operations which are in violation of this chapter. (2) Impose a penalty of
not more than five hundred dollars ($500) per violation and no more than ten thousand dollars
($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter,
a violation shall be considered to be of a similar nature if the violation consists of the
same or similar course of conduct, action, or practice, irrespective of the number of times
the action, conduct, or practice which is determined to be a violation of the...
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8-37-6
Section 8-37-6 Cancellation of GAP waiver agreements. (a) Guaranteed asset protection waiver
agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver
within the Free Look Period, the creditor, administrator, or other authorized party shall
provide the borrower a full refund of the purchase price of the GAP waiver, provided no benefits
have been provided. In the event a borrower cancels the waiver after the Free Look Period
and no benefits have been provided, the creditor, administrator, or other authorized party
shall provide the borrower a pro rata refund of the purchase price, less any cancellation
fee no greater than fifty dollars ($50) in accordance with the terms of the waiver. (b) In
the event of cancellation of the GAP waiver due to early termination of the finance agreement,
the creditor shall provide, or cause the administrator or retail seller to provide, within
60 days of termination, any refund due to a borrower without requiring the...
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8-37-4
Section 8-37-4 (Effective January 1, 2018) Reimbursements; coverage; effect of cancellation
or termination. (a) A contractual liability or other insurance policy insuring a GAP waiver
shall state the obligation of the insurer to reimburse or pay to the creditor any sums the
creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased
or held by the borrower. (b) Coverage under a contractual liability or other insurance policy
insuring a GAP waiver shall also cover any subsequent assignee upon the assignment, sale,
or transfer of the finance agreement. (c) Coverage under a contractual liability or other
insurance policy insuring a GAP waiver shall remain in effect unless cancelled or terminated
in compliance with applicable insurance laws of this state. (d) The cancellation or termination
of a contractual liability or other insurance policy shall not reduce the insurer's responsibility
for GAP waivers issued by the creditor prior to the date of...
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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
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5-19-4
Section 5-19-4 Additional charges for default or deferral; prepayment; renewal or refinancing;
real property transactions. (a) When a scheduled payment in a consumer credit transaction
is in default 10 days or more, the creditor may charge and collect a late charge not exceeding
the greater of eighteen dollars ($18) or five percent of the amount of the scheduled payment
in default, not to exceed one hundred dollars ($100). The late charge may be collected only
once on any scheduled payment, regardless of the period during which the scheduled payment
remains in default. (b) With respect to the deferral of one or more wholly unpaid scheduled
payments in a consumer credit transaction, in which the finance charge was determined by the
precomputed method, the creditor may collect, by agreement with the debtor either before or
after default, an additional charge for each full month that any wholly unpaid scheduled payments
are outstanding after the due date of each scheduled payment equal to...
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5-19-20
Section 5-19-20 Insurance. (a) With respect to any consumer credit transaction, the creditor
shall not require any insurance other than insurance against loss of or damage to any property
in which the creditor is given a security interest and insurance insuring the lien of the
creditor on the property which is collateral for the transaction. (b) (1) Credit life and
disability and involuntary unemployment insurance may be offered and, if accepted, may be
provided by the creditor. The charge to the debtor for the insurance shall not exceed the
premium permitted for the coverages. Insurance with respect to any credit transaction shall
not exceed the approximate amount and term of the credit. (2) This subdivision (2) applies
to all consumer credit transactions entered into on or after June 19, 1996. If the consumer
credit transaction is scheduled to be repaid in substantially equal installments which include
a portion of the amount financed, the amount of credit life insurance at any time...
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5-19-32
Section 5-19-32 Service contracts. Any creditor who extends credit with respect to a consumer
credit sale, may sell or finance, or both, a service contract covering tangible goods which
are the subject of the consumer credit sale. Any other person who was not the creditor with
regard to the initial sale of the tangible goods also may sell or finance, or both, a service
contract covering the tangible goods. A "service contract" as used in this section
is an agreement, for a separately stated consideration, of the service contract offeror to
correct, repair, or replace, or to pay for the correction, repair, maintenance, or replacement
of tangible goods during the period covered by the service contract, with or without additional
provisions for payment of or indemnity under limited circumstances for related expenses including,
without limitation, for towing, rental, and emergency road service, whether called a service
contract, extended warranty or otherwise. The service contract offeror...
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5-19-1
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings respectively ascribed to them by this section: (1) FINANCE CHARGE.
The sum of all charges, payable directly or indirectly by the person to whom credit is extended,
and imposed directly or indirectly by the creditor as an incident to the extension of credit.
The amount of the finance charge in connection with any credit transaction (i) shall be determined,
and shall include and exclude the fees and charges, as provided by Section 106 of the Federal
Truth-in-Lending Act, 15 U.S.C. Section 1605 and the regulations of the Federal Reserve Board
promulgated pursuant to the Federal Truth-in-Lending Act, 12 C.F.R. Part 226, and the Official
Staff Commentary adopted by the Federal Reserve Board pursuant to that regulation, and without
limiting or affecting the foregoing subparagraph (i), (ii) shall exclude, without limitation,
late charges and other charges resulting from or...
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