reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-2 - Definitions.

Section 8-33-2
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADMINISTRATOR. A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties.
(2) COMMISSIONER. The Commissioner of the Department of Insurance.
(3) DEPARTMENT. The Department of Insurance.
(4) INCIDENTAL COSTS. Expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.
(5) SERVICE CONTRACT. A contract or agreement as defined in subdivision (13) of Section 8-32-2.
(6) VEHICLE PROTECTION PRODUCT. A vehicle protection device, system, or service that is all of the following:
a. Installed on or applied to a vehicle.
b. Is designed to prevent loss or damage to a vehicle from a specific cause.
c. Includes a written warranty.
For purposes of this chapter, the term vehicle protection product shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. A vehicle protection product is not insurance for any purpose.
(7) VEHICLE PROTECTION PRODUCT WARRANTOR or WARRANTOR. A person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer providing a warranty reimbursement insurance policy.
(8) VEHICLE PROTECTION PRODUCT WARRANTY or WARRANTY. A written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by use of a formula itemizing specific incidental costs incurred by the warranty holder.
(9) WARRANTY HOLDER. The person who purchases a vehicle protection product or who is a permitted transferee.
(10) WARRANTY REIMBURSEMENT INSURANCE POLICY. A policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
(Act 2006-600, p. 1638, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-3 - Compliance.

Section 8-33-3
Compliance.
(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter.
(b) Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with this chapter are not required to comply with and are not subject to any other provision of the Alabama Insurance Code.
(c) Service contract providers who do not sell vehicle protection products are not subject to the requirements of this chapter and sales of vehicle protection products are exempt from the requirements of Chapter 32.
(d) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to this chapter.
(Act 2006-600, p. 1638, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-4 - Registration Requirements.

Section 8-33-4
Registration requirements.
(a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the commissioner.
(b) Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information:
(1) The warrantor's name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number.
(2) The name and address of the warrantor's agent for service of process in the state if other than the warrantor.
(3) The names of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business.
(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.
(5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by Section 8-33-5.
(6) A copy of each warranty the warrantor proposes to use in this state.
(7) A statement indicating under which provision of Section 8-33-5 the warrantor qualifies to do business in this state as a warrantor.
(c) The commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed two hundred fifty dollars ($250) annually. The information in subdivisions (1) and (2) of subsection (b) shall be made available to the public.
(d) If a registrant fails to register by the renewal deadline, the commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state.
(e) An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
(Act 2006-600, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-5 - Conditions for Warrantors.

Section 8-33-5
Conditions for warrantors.
(a) No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets one of the conditions in subsection (b) or (c) in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required.
(b) The vehicle protection product warrantor is insured under a warranty reimbursement insurance policy issued by an insurer authorized to do business in this state which provides that:
(1) The insurer will pay to, or on behalf of, the warrantor 100 percent of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty.
(2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the commissioner by the warrantor.
(3) The policy contains the provision required in Section 8-33-6.
(c)(1) The vehicle protection product warrantor, or its parent company, maintains a net worth or stockholders' equity of fifty million dollars ($50,000,000).
(2) The warrantor provides the commissioner with a copy of the warrantor's or the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year or, if the warrantor does not file with the Securities and Exchange Commission, a copy of the warrantor's or the warrantor's parent company's audited financial statements that shows a net worth of the warrantor or its parent company of at least fifty million dollars ($50,000,000). If the warrantor's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to meet the warrantor's financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to warranties issued by the warrantor in this state. The audited financial statements filed pursuant to this section shall be exempt from public disclosure under Section 36-12-40.
(Act 2006-600, p. 1638, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-6 - Conditions for Policies.

Section 8-33-6
Conditions for policies.
No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide all service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor.
(2) The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.
(3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and the insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer.
(4) The policy has the following provisions regarding cancellation of the policy:
a. The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the commissioner and each insured warrantor.
b. The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation.
c. In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor shall do either of the following:
1. File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.
2. Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the commissioner.
(Act 2006-600, p. 1638, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-7 - Form and Contents of Warranty.

Section 8-33-7
Form and contents of warranty.
(a) Every vehicle protection product warranty in its entirety shall be written, printed, or typed in eight point type size or larger and shall not be sold or offered for sale in this state unless the warranty:
(1) States that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy if the warrantor elects to meet its financial responsibility obligations under subsection (b) of Section 8-33-5 or states that the obligations of the warrantor under the warranty are backed by the full faith and credit of the warrantor if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.
(2) States that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor.
(3) States the name and address of the issuer of the warranty reimbursement insurance policy and this information need not be preprinted on the warranty form, but may be added to or stamped on the warranty, if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.
(4) Identifies the warrantor, the seller, and the warranty holder.
(5) Sets forth the total purchase price and the terms under which it is to be paid, however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.
(6) Sets forth the procedure for making a claim, including a telephone number.
(7) States the existence of a deductible amount, if any.
(8) Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions.
(9) Sets forth all of the obligations and duties of the warranty holder including the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any.
(10) Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any.
(11) Contains a disclosure that reads substantially as follows: "This agreement is a product warranty and is not insurance."
(b) At the time of sale, the seller or warrantor shall provide one of the following to the purchaser:
(1) A copy of the vehicle protection product warranty.
(2) A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within 30 days of the date of purchase.
(Act 2006-600, p. 1638, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-8 - Cancellation of Warranty.

Section 8-33-8
Cancellation of warranty.
(a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any.
(b) The warrantor may only cancel the warranty if the warranty holder does any of the following:
(1) Fails to pay for the vehicle protection product.
(2) Makes a material misrepresentation to the seller or warrantor.
(3) Commits fraud related to the purchase of the vehicle protection product, registration of the warranty, or a claim made under the warranty.
(4) Substantially breaches the warranty holder's duties under the warranty.
(c) A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor's records at least 30 days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for cancellation.
(Act 2006-600, p. 1638, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-9 - Prohibited Acts.

Section 8-33-9
Prohibited acts.
(a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words "insurance," "casualty," "surety," "mutual," or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation, or any other vehicle protection product warrantor. A warrantor may use the term "guaranty" or similar word in the warrantor's name.
(b) A vehicle protection product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale.
(Act 2006-600, p. 1638, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-10 - Record Keeping Requirements.

Section 8-33-10
Record keeping requirements.
(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(b) A vehicle protection product warrantor's accounts, books, and records shall include:
(1) Copies of all vehicle protection product warranties.
(2) The name and address of each warranty holder.
(3) The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to warranty holders in this state.
(d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for examination.
(Act 2006-600, p. 1638, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-12 - Rules and Regulations.

Section 8-33-12
Rules and regulations.
The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.
(Act 2006-600, p. 1638, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-13 - Applicability.

Section 8-33-13
Applicability.
This chapter applies to all vehicle protection products sold or offered for sale on or after January 1, 2007. The failure of any person to comply with this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle protection product warranty was insurance prior to January 1, 2007. The penalty provisions of this chapter do not apply to any violation of this chapter relating to or in connection with the sale or failure to disclose in a retail installment contract or lease, or contract or agreement that provides for payments under a vehicle protection product warranty as long as the sale of such product, contract, or agreement was otherwise disclosed to the purchaser in writing at the time of the purchase or lease. In the event of a violation for which the penalty provisions of this chapter do not apply, the court shall award actual damages and costs, including reasonable attorney's fees. Nothing in this section shall be construed to require the application of the penalty provisions where this section is not applicable.
(Act 2006-600, p. 1638, §13.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-14 - Disposition of Funds; Examination Expenses.

Section 8-33-14
Disposition of funds; examination expenses.
(a) All fees collected pursuant to this chapter shall be paid into the Insurance Department Fund for the enforcement of this chapter.
(b) Each person being examined by the commissioner in the enforcement of this chapter shall be liable for and pay the expenses of the examination as provided in Section 27-2-25.
(Act 2021-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-1 - Definitions.

Section 8-34-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) DEALER. Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. A dealer does not include a manufacturer, retail merchant, pawnbroker licensed by the Alabama State Banking Department, or person in the wholesale business.
(2) LOCAL LAW ENFORCEMENT AGENCY. The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality.
(3) PERMANENT PLACE OF BUSINESS. A fixed premises either owned by the dealer or leased by the dealer for at least one year.
(4) PRECIOUS ITEM. Any of the following:
a. An article made in whole or in part of gold, silver, or platinum.
b. Precious or semiprecious stones or pearls whether mounted or unmounted.
(5) PURCHASE. The acquisition of a precious item or items for a consideration of cash, goods, or another precious item.
(Act 2010-732, p. 1843, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-2 - License Required.

Section 8-34-2
License required.
(a) Each dealer engaged in the business of purchasing precious items for the purpose of reselling the items shall purchase a state license in the amount of one hundred dollars ($100) and a county license in the amount of fifty dollars ($50) under Article 1, Chapter 12, Title 40. The dealer shall purchase one state license per year and shall annually purchase the county license in each county where he or she conducts business. No dealer shall operate in the State of Alabama unless he or she first obtains the business license required herein to engage in the business of purchasing precious items.
(b) A dealer may only operate from the permanent place of business listed on the business license. The dealer shall forward a copy of each state and county license to the local law enforcement agency within five days of receipt.
(Act 2010-732, p. 1843, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-3 - Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcement Agency.

Section 8-34-3
Documentation of items and identification of sellers; weekly report to law enforcement agency.
(a) Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a local law enforcement agency:
(1) The name, current address, date of birth, and signature of the person from whom the dealer purchased the item.
(2) A description of the person, including height, weight, race, complexion, and hair color.
(3) A valid identification card number as outlined in subsection (b).
(4) A list describing the items purchased from that person.
(b) (1) Before making a purchase, a dealer shall require the person from whom he or she is purchasing to identify himself or herself with a valid driver's license, a non-driver's identification card, armed services identification card, or other valid photo identification sufficient to obtain the information required pursuant to subsection (a).
(2) The method of photo identification shall contain a traceable serial number to be recorded by the dealer.
A list of the acceptable forms of photo identification shall be provided by each local law enforcement agency.
(c) Each dealer, at least once each week in which he or she makes a purchase, shall make out and deliver to the local law enforcement agency a true, complete, and legible list of all items purchased during the period since the last report. The dealer shall use local law enforcement agency forms to meet the requirements of this subsection if such forms are issued by the local law enforcement agency. The list shall include:
(1) The brand name and serial number, if any, of the item or items purchased.
(2) An accurate description of each item sufficient to enable the law enforcement agency to identify the item.
(3) The date and time when the item was received.
(4) The amount paid for each item.
(5) All information pursuant to subsection (a).
(Act 2010-732, p. 1843, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-4 - Retention of Items; Payment; Purchase From Persons Under 18 Years of Age.

Section 8-34-4
Retention of items; payment; purchase from persons under 18 years of age.
(a) Any item purchased shall be held in the same shape and form as receipted for in the dealer's custody for 15 business days after delivering the list to the local law enforcement agency as required under this chapter.
(b) Payment to the seller shall be by check only, made payable to a named actual intended seller.
(c) It is presumptive evidence of intent to violate this chapter if the items purchased are not listed or fail to agree with the description contained in the required list.
(d) On notification by a law enforcement agency or district attorney's office that the items purchased are the fruits of a crime, the dealer may not dispose of those items.
(e) A dealer may not purchase items from any person under 18 years of age unless the person is accompanied by a parent or guardian who shall submit identification as required under this chapter.
(Act 2010-732, p. 1843, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-5 - Display of Chapter.

Section 8-34-5
Display of chapter.
Each dealer shall prominently display a copy of this chapter in a conspicuous place on the premises of the business.
(Act 2010-732, p. 1843, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-7 - Application.

Section 8-34-7
Application.
This chapter does not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed by the Alabama State Banking Department, manufacturer, or wholesale dealer.
(Act 2010-732, p. 1843, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 35 - Consumer Credit Report Security Freeze. › Section 8-35-1 - Definitions.

Section 8-35-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) CONSUMER. A natural person residing in this state.
(2) CONSUMER CREDIT REPORT. A consumer report, as defined in 15 U.S.C. §1681a(d), that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes.
(3) CONSUMER CREDIT REPORTING AGENCY. Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.
(4) NORMAL BUSINESS HOURS. Any day between the hours of 8:00 A.M. and 9:30 P.M., Central Standard Time.
(5) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
(6) PROPER IDENTIFICATION. Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. §1681 et seq.
(7) SECURITY FREEZE. A restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer.
(Act 2012-500, p. 1470, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 35 - Consumer Credit Report Security Freeze. › Section 8-35-3 - Notice of Rights.

Section 8-35-3
Notice of rights.
At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. §1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice:
"Alabama Consumers Have the Right to Obtain a Security Freeze. You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.
"To provide that authorization you must contact the consumer reporting agency and provide all of the following:
"(1) Your personal identification number or password.
"(2) Proper identification to verify your identity.
"(3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than 15 minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted.
"A security freeze does not apply to a person or entity, or its affiliates or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crime, or you are 65 years of age or older, a consumer reporting agency has the right to charge you a fee of no more than ten dollars ($10) to place a freeze on your credit report."
(Act 2012-500, p. 1470, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 36 - Residential Roofing Controls. › Section 8-36-1 - Definitions.

Section 8-36-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) RESIDENTIAL REAL ESTATE. A new or existing building constructed for habitation by one to four families, including detached garages.
(2) RESIDENTIAL ROOFING CONTRACTOR. A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems.
(3) ROOF SYSTEM. A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation.
(Act 2012-519, p. 1541, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-1 - (Effective January 1, 2018) Purpose; Applicability.

Section 8-37-1
(Effective January 1, 2018) Purpose; applicability.
(a) The purpose of this chapter is to define guaranteed asset protection waivers (GAP waivers) and to provide that GAP waivers may be offered within this state.
(b) This chapter does not apply to either of the following:
(1) An insurance policy offered by an insurer under the insurance laws of this state.
(2) A debt cancellation or debt suspension contract being offered by a federally regulated financial institution operating under 12 CFR Part 37 or a credit union operating under 12 CFR Part 721 or other federal law; or a debt cancellation or debt suspension contract being offered by a state chartered bank or credit union. Debt cancellation and debt suspension contracts being offered by any of these federal or state regulated financial institutions are not insurance and are exempt from the insurance laws of this state.
(c) Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from insurance licensing and insurance regulation requirements of this state.
(d) This chapter applies only to GAP waivers for financing of motor vehicles as defined in this chapter. This chapter does not affect the validity or enforcement of other asset protection waivers, debt cancellation contracts, or debt suspension agreements.
(Act 2017-392, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-2 - Definitions.

Section 8-37-2
Definitions.
THIS SECTION WAS AMENDED BY ACT 2022-179 IN THE 2022 REGULAR SESSION, EFFECTIVE JANUARY 1, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 8-37-6
Cancellation 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)