Fortegra’s Compliance Experts can Help You Navigate a Changing Landscape

By Mike Gardner, Vice President Automotive Product Group Sep 16, 2018 12:00:00 PM

 

auto compliance

Fortegra's compliance experts can help you stay up to date on new legal changes in the Automotive F&I industry. Read our regular compliance updates to stay informed.


Staying up to date on legal and compliance happenings in the Automotive F&I industry is a critical part of running a successful business. That’s why, at Fortegra, we provide periodic updates to keep everyone in the know as industry compliance evolves.

To that end, our compliance experts always have their ear to the ground, staying aware of regulatory news as it happens. In fact, here are two recent regulatory updates from the Automotive F&I side of the business.

Illinois Vehicle Protection Products – Warrantors

After January 1, 2014 a vehicle protection product (VPP) warrantor was arguably required to hold a service contract provider license in Illinois. However, legislation (2017 – Illinois HB 3072) effective January 1, 2018 made clear VPP warrantors backed by a contractual liability policy (CLP) are exempt from service contract regulation in Illinois. 

To transition away from the service contract license, a standalone VPP warrantor that had previously obtained a service contract license should provide a letter of withdrawal to the Department that acknowledges that the contractual obligations of any contracts the warrantor sold while registered as a service contract provider will remain in effect until the service contract expires. In addition, companies should also submit the CLP backing the VPP program as well as evidence that the policy is continuous until canceled or until any existing Illinois contracts have expired.

Nevada Draft Rule R064-18 (effective June, 26, 2018)

The  Nevada  Commissioner  of  Insurance  has  adopted  amendments  to  the  service  contract regulations with respect to status reports and transfer fees. Current regulations require a service contract provider give a status report to the holder when certain repairs cannot be completed within three calendar days of the claim. The types of repairs that require a status report are those that are essential to the health and safety of the holder.  

The  adopted  rule  revision  requires  that  such  status  reports  also  be  provided  to  the Nevada Insurance Commissioner by email no later than three calendar days after the claim. The status reports must contain contact information for the Insurance Commissioner. The status report requirement must be clearly stated in the service contract. 

The revised rule also requires a service contract contain: [a] statement that if the holder is not satisfied with the manner in which the provider is handling the claim on the contract, the holder may contact the Commissioner by use of the toll-free telephone number of the Division. The statement  must  include  the  current  toll-free  telephone  number  of  the  Division which can be obtained from the Internet website of the Division.

Finally, the revised rule allows a provider to impose a reasonable transfer fee if service contract is transferred at the request of the holder, if such a fee is provided for in the terms of the service contract.

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We hope that these recent rulings help you conduct your Automotive F&I business with complete, informed compliance. Check back for more compliance updates from Fortegra’s team of industry leaders in the November newsletter!

Disclaimer: With the understanding this shall not be construed as legal advice on the compliance of your programs, this newsletter does not contain information for all legislation that may affect a provider or administrator. You should review legislative bills in their entirety to determine the impact and what actions are needed, if any, to comply with state laws/regulations.

Fortegra® is the marketing name for the automotive operations of Fortegra Financial Corporation and its subsidiaries.

Categories: Automotive

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