Three States Pass GAP Laws
AUGUSTA, Maine — With Governor Paul LePage’s signing of S.P. 531 into law on June 12 — legislation that clarifies what GAP is and does, and defines how it is sold — the Guaranteed Asset Protection Alliance is now two states away from reaching its 2017 goal. Set to take effect on Jan. 1, 2018, ... Read More »
AUGUSTA, Maine — With Governor Paul LePage’s signing of S.P. 531 into law on June 12 — legislation that clarifies what GAP is and does, and defines how it is sold — the Guaranteed Asset Protection Alliance is now two states away from reaching its 2017 goal.
Set to take effect on Jan. 1, 2018, Maine’s new law mirrors the model act developed by the GAPA, an alliance of GAP providers, underwriters and finance sources that is managed by Tallahassee, Fla.-based law firm Meenan P.A. Aside from the consumer protections it puts in place and the tools its gives state regulators to discipline bad actors, Maine’s new law offers GAP providers protections as well.
“In some cases, GAP is regulated by just an opinion offered by the state’s department of insurance or the insurance commissioner, but it’s only good as long as that person is in office,” said Rob Berger, president of the GAPA and executive vice president and director of operations for F&I product provider Wise F&I. “But commissioners get voted out, and opinions change. That’s why GAPA goes into states that might already allow GAP from an opinion. Once GAP gets into the books, an insurance commissioner can’t say, ‘I don’t want it.’ So it protects the product.”
Maine was one of four states the GAPA targeted this year, Berger said. Alabama, another state targeted by the alliance, passed similar legislation that was signed into law by Governor Kay Ivey on May 26. Remaining is New Jersey and Wisconsin.
The Texas Legislature also passed a GAP bill in mid-May — legislation signed into law by Governor Greg Abbott on May 26. Berger said the bill, Senate Bill 1052, wasn’t initiated by the GAPA. Set to take effect Sept. 1, the legislation amends current state law governing the sales of debt-cancellation products, allowing GAP to be sold in connection with the financing of motorsports and powersports vehicles. It also allows the product to be sold on lease transactions.
The new Texas GAP law also states that finance sources can satisfy their GAP waiver refund obligations by providing written instructions to dealers and GAP administrators, and by ensuring that refunds or credits are made no later than 60 days after the termination of a debt-cancellation agreement.
The main thrust of the GAPA’s model act is to clarify that a GAP debt waiver is not insurance, according to Meenan P.A.’s Timothy J. Meenan. It also clarifies the roles of the dealer, the administrator and the creditor, ensures that GAP waivers contain clear coverage and disclosures as well as the correct structure to ensure consumers get the proper amount waived after their vehicle is totaled.
Considered one of F&I’s core products, GAP is designed to protect consumers by paying the difference between the value of their vehicle at the time it’s totaled (or stolen and not recovered) and the balance owed on the loan. For dealers, the product puts consumers who suffered a total loss of their vehicle back in the market for a new car.
Maine’s law states that a GAP waiver must either be included in the auto finance agreement or attached to it as an addendum. It also states that the waiver may be sold for a single or monthly payment, but “may not be considered a finance charge or interest” when disclosed in compliance with the Truth in Lending Act. The new law also states that the waiver must remain part of the finance contract when the contract is assigned, sold or transferred.
As for consumer protections, Maine’s new law requires that GAP waivers sold in the state include a 30-day “free-look” period in which the borrower can cancel the waiver and receive a full refund. The waiver contract must also provide clear instructions on how to obtain waiver benefits, and prohibits dealers and other creditors from requiring that consumers purchase the protection to obtain credit or to secure better terms.
Additionally, Maine’s GAP law says a consumer is entitled to a refund of any unearned portion of the purchase price of the waiver if it is canceled or the finance agreement is terminated early. If the latter happens, the law states that “the borrower must provide a written request within 90 days of the event terminating the finance agreement” to receive that refund. The waiver must also disclose the method for calculating the amount of the refund.
Berger said the alliance’s lobbying efforts are already in full swing in New Jersey and Wisconsin, noting that there are still more than 20 other states that have yet to define GAP as a waiver through legislation. Before the end of the year, he added, GAPA will create a new list of states to target in 2018.
More Industry

RV Group Expands Carolina Footprint
Blue Compass RV Columbia Northeast is the 13th RV dealership owned by Blue Compass in the Carolinas.
Read More →
Agent Acumen
An Agent Summit panel of people who’ve been supporting auto dealers for years gave both timely and timeless advice for those starting out or mulling the prospect.
Read More →
Missed Maintenance Creates Opportunity
As families get back on the road and into daily school routines, service drives have an opportunity to capture customers who are behind on recommended vehicle maintenance.
Read More →
Mitsubishi Unveils U.S. Plan
The automaker announced a strategy that includes an expanded lineup and dealership presence, along with more ‘rugged’ and electric models.
Read More →
Selling to Grow
The question of whether you should sell your agency and if so, when, is up to you. But it’s a question worth asking to ensure you keep the business on the right path for yourself, employees and clients.
Read More →
Recalled Vehicles Hit 5-Year High
Though the number of events has fallen so far this year, impacted units are up significantly. Meanwhile, regulators consider consumer notification changes.
Read More →
Auto Group Acquires Top-Performing Rooftop
Car Pros sold its Kia Huntington Beach location to Sutherlin Automotive Group, marking the buyer’s third location in Southern California.
Read More →
China as Pacesetter
Automotive leaders huddled on where North America stands in the global picture and how it can strengthen its position against the Asian juggernaut’s surging industry.
Read More →
BMW Concept Car Makes Fuel to Burn
The prototype developed in concert with a South Carolina university engineering team generates more solar energy than it uses in a typical daily commute.
Read More →
South Carolina Auto Group Downsizes
Florida-based group Holler-Classic has acquired four rooftops, its first in South Carolina, from Dick Smith Automotive Group.
Read More →