2009 House Bill 4989 / Public Act 229

Regulate auto "guaranteed asset protection waivers”

Introduced in the House

May 26, 2009

Introduced by Rep. Tory Rocca (R-30)

To impose new regulations on vehicle loan "guaranteed asset protection waivers," where a borrower pays extra for the lender to cancel or waive the amount owed on a car loan if the vehicle is wrecked or stolen. Among other things the bill would mandate a 30 day right of rescission if a buyer changes his or her mind; a requirement that the lender cover the potential liability with an insurance policy; a prohibition on making the purchase of a waiver contract a condition of the loan; and require certain specified disclosures to the buyer.

Referred to the Committee on Insurance

Aug. 19, 2009

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Oct. 7, 2009

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Tory Rocca (R-30)

To clarify details of the 30 day right of recission provision.

The amendment passed by voice vote

Passed in the House 106 to 1 (details)

To impose new regulations on vehicle loan "guaranteed asset protection waivers," where a borrower pays extra for the lender to cancel or waive the amount owed on a car loan if the vehicle is wrecked or stolen. Among other things the bill would mandate a 30 day right of rescission if a buyer changes his or her mind; a requirement that the lender cover the potential liability with an insurance policy; a prohibition on making the purchase of a waiver contract a condition of the loan; and certain specified disclosures to the buyer.

Received in the Senate

Oct. 8, 2009

Referred to the Committee on Economic Development and Regulatory Reform

Nov. 12, 2009

Reported without amendment

With the recommendation that the bill pass.

Dec. 17, 2009

Passed in the Senate 36 to 0 (details)

To impose new regulations on vehicle loan "guaranteed asset protection waivers," where a borrower pays extra for the lender to cancel or waive the amount owed on a car loan if the vehicle is wrecked or stolen. Among other things the bill would mandate a 30 day right of rescission if a buyer changes his or her mind; a requirement that the lender cover the potential liability with an insurance policy; a prohibition on making the purchase of a waiver contract a condition of the loan; and certain specified disclosures to the buyer.

Signed by Gov. Jennifer Granholm

Dec. 31, 2009