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Financial Services Law Insights and Observations

Florida Restricts Certain Auto Finance Ancillary Product Practices

Auto Finance Ancillary Products

Consumer Finance

On June 13, Florida Governor Rick Scott signed HB 783, which prohibits an “affiliated finance company”—i.e. an auto manufacturer’s or wholesale distributor’s captive finance company, as defined by the law—from (i) refusing to purchase or accept an assignment of a vehicle contract from a dealer or (ii) charging a dealer an additional fee or surcharge for the contract, solely because the contract contains an automotive-related product from a third-party. The restrictions apply only if the third-party product is of “similar nature, scope, and quality” to the product provided by affiliated finance company, or its related manufacturer or wholesale distributor.  The bill provides factors for determining whether a product is similar. The new restrictions take effect July 1, 2014.