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Financial Services Law Insights and Observations

Idaho enacts legislation modifying certain motor vehicle service contract provisions

State Issues State Legislation Consumer Finance Insurance

State Issues

On March 19, the Idaho governor signed HB 521, which updates a section of the Idaho Code pertaining to the “Idaho Motor Vehicle Service Contract Act” (the Act) to, among other things, “provide[] for state of Idaho regulation of motor vehicle service contracts.” HB 521 also modifies certain provisions surrounding motor vehicle service contracts by (i) clarifying the definition of a service contract; (ii) providing for service contract reimbursement policy requirements; (iii) setting forth rules associated with the sale of service contracts; (iv) specifying recordkeeping requirements; (v) providing for licensing; (vi) stipulating violation penalties; and (vii) noting that the legislation does not preclude a cause of action under the Idaho Consumer Protection Act. Furthermore, HB 521 notes that the “Idaho Insurance Guaranty Association Act shall not apply to any motor vehicle service contract, mechanical breakdown insurance or motor vehicle service contract liability insurance policy.” The Act is effective July 1.