reglab/housing_qa huggingface dataset:
AL Code § 8-37-2 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-2 - (Effective January 1, 2018) Definitions.

Section 8-37-2(Effective January 1, 2018) Definitions. For the purposes of this chapter, the following words have the following meanings: (1) ADMINISTRATOR. A person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (2) BORROWER. A debtor, retail buyer or lessee, under a finance agreement. (3) CREDITOR means any of the following: a. The lender in a loan or credit transaction. b. The lessor in a lease transaction. c. Any retail seller of motor vehicles in a retail installment transaction. d. The seller in commercial retail installment transactions. e. The assignees of any of the foregoing to whom the credit or lease obligation is payable. (4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.  (5) FREE LOOK PERIOD. The period of time from the effective date of the GAP waiver until the date the borrower may cancel the GAP waiver without penalty, fees, or costs to the borrower. This period of time shall not be shorter than 30 days. (6) GUARANTEED ASSET PROTECTION WAIVER or GAP WAIVER. A contractual agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement shall be part of, or a separate addendum to, the finance agreement. (7) INSURER. An insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state. (8) MOTOR VEHICLE. Self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, and boat, camper and personal watercraft trailers. (9) PERSON. An individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity. (Act 2017-392, §1.)
AL Code § 8-37-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-3 - (Effective January 1, 2018) Gap Waivers Authorized; Charges; Insurance; Creditor Requirements.

Section 8-37-3(Effective January 1, 2018) GAP waivers authorized; charges; insurance; creditor requirements. (a) GAP waivers may be offered, sold, or provided to borrowers in this state under this chapter.  (b) GAP waivers, at the option of the creditor that offers the GAP waiver, may be sold for a single payment or may be offered with a monthly or periodic payment option. (c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15 U.S.C. §1601 et seq., and its implementing regulations, as they may be amended from time to time, shall be separately stated and is not to be considered a finance charge or interest. If the charge for a GAP waiver is financed, the charge shall be separately itemized on the finance agreement. (d) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor, other than a retail seller, may insure its GAP waiver obligations under a contractual liability policy or similar policy issued by an insurer. Any insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor's or retail seller's obligations under the GAP waiver. However retail sellers who do not assign their finance agreements or retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on the sold or leased vehicles. (e) A GAP waiver remains a part of the finance agreement upon the assignment, sale, or transfer of the finance agreement by the creditor. The creditor, administrator, or other designated party shall maintain for three years after the maturity date of the finance agreement a copy of or electronic details of each GAP waiver sold regardless of the method of payment and the creditor, administrator, or other designated party shall provide copies of or electronic details of the contracts to the Superintendent of Banks upon reasonable advance written notice. (f) Neither the extension of credit, any term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a GAP waiver.  (g) Any creditor that offers a GAP waiver shall report the sale of, and forward funds received on all waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program documents. (h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator, pursuant to the terms of a written agreement shall be held by the creditor or administrator in a fiduciary capacity. (Act 2017-392, §1.)
AL Code § 8-37-4 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-4 - (Effective January 1, 2018) Reimbursements; Coverage; Effect of Cancellation or Termination.

Section 8-37-4(Effective January 1, 2018) Reimbursements; coverage; effect of cancellation or termination. (a) A contractual liability or other insurance policy insuring a GAP waiver shall state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the borrower. (b) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement. (c) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall remain in effect unless cancelled or terminated in compliance with applicable insurance laws of this state.  (d) The cancellation or termination of a contractual liability or other insurance policy shall not reduce the insurer's responsibility for GAP waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer. (Act 2017-392, §1.)
AL Code § 8-37-5 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-5 - (Effective January 1, 2018) Disclosure Requirements.

Section 8-37-5(Effective January 1, 2018) Disclosure requirements. Subject to Section 8-37-7, a creditor that offers a GAP waiver shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, all of the following: (1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor. (2) The purchase price and the terms of the GAP waiver, including without limitation, the requirements for protection, conditions, or exclusions associated with the GAP waiver. (3) That the borrower may cancel the GAP waiver within a Free Look Period as specified in the waiver, and will be entitled to a full refund of the purchase price, so long as no benefits have been provided. If cancelled after the Free Look Period and no benefits have been provided, the borrower shall receive a pro rata refund less a cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver. (4) The procedure the borrower is required to follow in order to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits. (5) The procedures for cancelling the GAP waiver and requesting any refund due pursuant to Section 8-37-6. (6) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease, may be conditioned upon the purchase of the GAP waiver. (7) That the cost of the GAP waiver is not regulated and that the borrower should determine whether the cost of the GAP waiver is reasonable in relation to the protection afforded by the GAP waiver. (Act 2017-392, §1.)
AL Code § 8-37-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-6 - Cancellation of Gap Waiver Agreements.

Section 8-37-6Cancellation of GAP waiver agreements. (a) Guaranteed asset protection waiver agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver within the Free Look Period, the creditor, administrator, or other authorized party shall provide the borrower a full refund of the purchase price of the GAP waiver, provided no benefits have been provided. In the event a borrower cancels the waiver after the Free Look Period and no benefits have been provided, the creditor, administrator, or other authorized party shall provide the borrower a pro rata refund of the purchase price, less any cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver. (b) In the event of cancellation of the GAP waiver 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. (c) Any cancellation refund under subsection (a) or (b) may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full. (Act 2017-392, §1.)
AL Code § 8-37-7 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-7 - (Effective January 1, 2018) Lease or Retail Installments Sales.

Section 8-37-7(Effective January 1, 2018) Lease or retail installments sales. Subsection (c) of Section 8-37-3 and Sections 8-37-5 and 8-37-8 of this chapter are not applicable to a GAP waiver offered in connection with a lease or retail installment sale associated with a commercial transaction. (Act 2017-392, §1.)
AL Code § 8-37-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-8 - (Effective January 1, 2018) Enforcement.

Section 8-37-8(Effective January 1, 2018) Enforcement. (a) The Superintendent of Banks may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing, the superintendent may do both of the following: (1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further GAP waiver-related operations which are in violation of this chapter. (2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter, a violation shall be considered to be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the action, conduct, or practice which is determined to be a violation of the chapter occurred. (b) If requested by a retail seller, the Superintendent of Banks may determine that the insurance policy required by subsection (d) of Section 8-37-3 is not required for a retail seller that does not assign any of its finance agreements to any entity other than an affiliate and if the affiliated assignee agrees that the insurance policy is waived and the finance agreements will not be further assigned. The superintendent may require the evidence and assurances that the superintendent determines is needed to make that determination. (Act 2017-392, §1.)
AL Code § 8-37-9 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-9 - (Effective January 1, 2018) Legislative Findings.

Section 8-37-9(Effective January 1, 2018) Legislative findings. The Legislature finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued prior to and after January 1, 2018, shall not be construed as insurance. (Act 2017-392, §1.)
AL Code § 8-37-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 37 - Guaranteed Asset Protection Waivers.|Section 8-37-10 - (Effective January 1, 2018) Applicability.

Section 8-37-10(Effective January 1, 2018) Applicability. Creditors and other persons are not required to comply with this chapter for any GAP waiver entered into prior to January 1, 2018. (Act 2017-392, §2.)
AL Code § 8-38-1 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-1 - Short Title.

Section 8-38-1Short title. This chapter may be cited and shall be known as the Alabama Data Breach Notification Act of 2018. (Act 2018-396, §1.)
AL Code § 8-38-3 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-3 - Reasonable Security Measures; Assessment.

Section 8-38-3Reasonable security measures; assessment. (a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security. (b) Reasonable security measures means security measures practicable for the covered entity subject to subsection (c), to implement and maintain, including consideration of all of the following: (1) Designation of an employee or employees to coordinate the covered entity's security measures to protect against a breach of security. An owner or manager may designate himself or herself. (2) Identification of internal and external risks of a breach of security. (3) Adoption of appropriate information safeguards to address identified risks of a breach of security and assess the effectiveness of such safeguards. (4) Retention of service providers, if any, that are contractually required to maintain appropriate safeguards for sensitive personally identifying information. (5) Evaluation and adjustment of security measures to account for changes in circumstances affecting the security of sensitive personally identifying information. (6) Keeping the management of the covered entity, including its board of directors, if any, appropriately informed of the overall status of its security measures; provided, however, that the management of a government entity subject to this subdivision may be appropriately informed of the status of its security measures through a properly convened executive session under the Open Meetings Act pursuant to Section 36-25A-7. (c) An assessment of a covered entity's security shall be based upon the entity's reasonable security measures as a whole and shall place an emphasis on data security failures that are multiple or systemic, including consideration of all the following: (1) The size of the covered entity. (2) The amount of sensitive personally identifying information and the type of activities for which the sensitive personally identifying information is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity. (3) The covered entity's cost to implement and maintain the reasonable security measures to protect against a breach of security relative to its resources. (Act 2018-396, §3.)
AL Code § 8-38-4 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-4 - Investigation of Security Breach.

Section 8-38-4Investigation of security breach. (a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and prompt investigation that includes all of the following: (1) An assessment of the nature and scope of the breach. (2) Identification of any sensitive personally identifying information that may have been involved in the breach and the identity of any individuals to whom that information relates. (3) A determination of whether the sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates. (4) Identification and implementation of measures to restore the security and confidentiality of the systems compromised in the breach. (b) In determining whether sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person without valid authorization, the following factors may be considered: (1) Indications that the information is in the physical possession and control of a person without valid authorization, such as a lost or stolen computer or other device containing information. (2) Indications that the information has been downloaded or copied. (3) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported. (4) Whether the information has been made public. (Act 2018-396, §4.)
AL Code § 8-38-6 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-6 - Notice of Security Breach - Attorney General.

Section 8-38-6Notice of security breach - Attorney General. (a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection (c) of Section 8-38-5, the covered entity shall provide the notice within 45 days of the covered entity's receipt of notice from a third-party agent that a breach has occurred or upon the entity's determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates. (b) Written notice to the Attorney General shall include all of the following: (1) A synopsis of the events surrounding the breach at the time that notice is provided. (2) The approximate number of individuals in the state who were affected by the breach. (3) Any services related to the breach being offered or scheduled to be offered, without charge, by the covered entity to individuals and instructions on how to use the services. (4) The name, address, telephone number, and email address of the employee or agent of the covered entity from whom additional information may be obtained about the breach. (c) A covered entity may provide the Attorney General with supplemental or updated information regarding a breach at any time. (d) Information marked as confidential that is obtained by the Attorney General under this section is not subject to any open records, freedom of information, or other public record disclosure law. (Act 2018-396, §6.)
AL Code § 8-38-7 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-7 - Notice of Security Breach - Consumer Reporting Agencies.

Section 8-38-7Notice of security breach - Consumer reporting agencies. If a covered entity discovers circumstances requiring notice under Section 8-38-5 of more than 1,000 individuals at a single time, the entity shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in the Fair Credit Reporting Act, 15 U.S.C. §1681a, of the timing, distribution, and content of the notices. (Act 2018-396, §7.)
AL Code § 8-38-8 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-8 - Notice of Security Breach - Covered Entity.

Section 8-38-8Notice of security breach - Covered entity. In the event a third-party agent has experienced a breach of security in the system maintained by the agent, the agent shall notify the covered entity of the breach of security as expeditiously as possible and without unreasonable delay, but no later than 10 days following the determination of the breach of security or reason to believe the breach occurred. After receiving notice from a third-party agent, a covered entity shall provide notices required under Sections 8-38-5 and 8-38-6. A third-party agent, in cooperation with a covered entity, shall provide information in the possession of the third-party agent so that the covered entity can comply with its notice requirements. A covered entity may enter into a contractual agreement with a third-party agent whereby the third-party agent agrees to handle notifications required under this chapter. (Act 2018-396, §8.)
AL Code § 8-38-10 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-10 - Disposal of Records Containing Sensitive Personally Identifying Information.

Section 8-38-10Disposal of records containing sensitive personally identifying information. A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business needs. Disposal shall include shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any reasonable means consistent with industry standards. (Act 2018-396, §10.)
AL Code § 8-38-11 (2021)
2021 Code of Alabama|Title 8 - Commercial Law and Consumer Protection.|Chapter 38 - Data Breach Notification Act of 2018.|Section 8-38-11 - Exemptions - Federal.

Section 8-38-11Exemptions - Federal. An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following: (1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance. (2) Provides notice to affected individuals pursuant to those laws, rules, regulations, procedures, or guidance. (3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000. (Act 2018-396, §11.)