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Financial Services Law Insights and Observations

Oregon removes sunset on GAP waiver statutes

State Issues State Legislation GAP Waivers Auto Finance

State Issues

On May 24, the Oregon governor signed SB 366, which repealed the sunset provision on statutes establishing the conditions under which creditors can offer guaranteed asset protection (GAP) waivers in connection with the sale of an automobile. Chapter 523, Oregon Laws 2015 allows creditors to offer GAP waivers to consumers outside of the regulation of the Insurance Code while specifying certain requirements for offering the waivers. Section 11 of Chapter 523, would have repealed these GAP waiver provisions on January 2, 2020. The bill repeals Section 11, allowing for the GAP waiver provisions to remain in effect. The bill is effective January 1, 2020.