Alabama Enacts Law Regarding Refund Obligations

State Issues State Legislation Auto Finance

On May 26, Governor Kay Ivey signed into law HB 420, which authorizes and regulates the transactions of guaranteed asset protection (GAP) waivers related to vehicle loans. Importantly, the law requires that if the GAP waiver is cancelled 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 borrower to request cancellation of the waiver.” Furthermore, cancellation refunds can be applied toward the amount owed under the finance agreement unless it has proven to be paid in full. The law goes into effect January 1, 2018.