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SENATE BILL 2342
By Lamar
HOUSE BILL 2231
By Dixie
HB2231
011355
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AN ACT to amend Tennessee Code Annotated, Title 47;
Title 55 and Title 56, relative to vehicle value
protection agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 56, Chapter 55, is amended by deleting
the chapter and substituting:
56-55-101. Short title.
This chapter is known and may be cited as the "Tennessee Vehicle Value
Protection Product Act."
56-55-102. Chapter definitions.
As used in this chapter:
(1) "Administrator" means the person that is responsible for the
administrative or operational functions of a vehicle value protection agreement,
including the adjudication of a benefit request by a contract holder;
(2) "Contract holder" means a person that is the purchaser or holder of a
vehicle value protection agreement;
(3) "Covered vehicle" means a vehicle that is the subject of a vehicle
value protection agreement;
(4) "Dealer" means:
(A) A motor vehicle dealer, as defined in § 55-17-102; or
(B) A recreational vehicle dealer as defined in § 55-17-401;
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(5) "Finance agreement" means a loan agreement for the purchase or
refinancing of a vehicle; a retail installment sales contract for the purchase,
refinancing, or lease of a vehicle; or an agreement to lease a vehicle;
(6) "Insurer" means a licensed insurance company authorized to issue
contractual liability insurance under this title;
(7) "Provider" means a person that is obligated to provide a benefit in
accordance with a vehicle value protection agreement;
(8) "Secure bill of sale" means an agreement between a dealer and a
contract holder that:
(A) Identifies the vehicle by year, make, and VIN or by other
identifying information;
(B) Shows the time and date of sale; and
(C) Is signed by both the buyer and the seller;
(9) "Vehicle" means:
(A) A motor vehicle, as defined in § 55-17-102; or
(B) A recreational vehicle, as defined in § 55-28-102; and
(10) "Vehicle value protection agreement":
(A) Means a contractual agreement between a provider and a
contract holder that provides benefits applied toward:
(i) The value of the contract holder's covered vehicle upon
the occurrence of the following:
(a) An adverse event, including damage incurred
and reported on a vehicle history report, causing the
covered vehicle to decrease in value;
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(b) The total loss or unrecovered theft of the
covered vehicle that, at the time of the loss or theft, had
decreased in value compared to the value of the vehicle at
the time it was purchased; or
(c) Events covered by a contractual agreement
between a dealer and a contract holder that provide the
contract holder a loyalty benefit when the contract holder
returns to the dealer to purchase or lease a replacement
vehicle after a total loss, unrecovered theft, or trade-in of
the covered vehicle; or
(ii) The finance agreement for or secure bill of sale on a
replacement vehicle upon the occurrence of an event described in
subdivisions (10)(A)(i)(a)-(c);
(B) Includes a trade-in agreement, diminished value agreement,
cash down payment protection agreement, or depreciation benefit
agreement; and
(C) Does not include a debt waiver or a service contract, as
defined under § 56-2-126.
56-55-103. Requirements for offering a vehicle value protection agreement.
(a) A provider shall not offer a vehicle value protection agreement unless the
agreement meets the requirements of this chapter. A provider shall not condition the
extension of credit, the terms of credit, or the terms of the related vehicle sale or lease
upon the purchase of a vehicle value protection agreement.
(b) A vehicle value protection agreement must:
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(1) Provide a benefit to the contract holder upon the trade-in, total loss,
or unrecovered theft of a covered vehicle. The benefit may be:
(A) A credit toward the purchase or lease of a subsequent or
replacement vehicle; or
(B) An amount applied to the cash value of the covered vehicle at
the time of trade-in;
(2) Identify, in the contract, the administrator or provider, the dealer, the
contract holder, and the terms of the sale;
(3)
(A) Guarantee the provider's obligations by an insurance policy
that complies with § 56-55-106; and
(B) Conspicuously state that the provider's obligations are
guaranteed by an insurance policy, issued by an insurer, that pays the
contract holder if the provider fails to perform its obligations under the
vehicle value protection agreement;
(4) Outline the terms, including the purchase price of the covered vehicle
and any eligibility requirements, conditions of coverage, or exclusions, of the
vehicle value protection agreement;
(5) Notify the contract holder of the following:
(A) Whether the vehicle value protection agreement is cancellable
and the procedures for requesting any refund of the unearned purchase
price of the agreement paid by the contract holder;
(B) The methodology for calculating any refund of the unearned
purchase price of the vehicle value protection agreement after the
agreement is canceled;
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(C) Any procedures the contract holder must follow to obtain a
benefit under the terms and conditions of the vehicle value protection
agreement and, if applicable, a telephone number, website, and address
where the contract holder may apply for a benefit; and
(D) That neither the extension of credit, the terms of credit, nor
the terms of the related vehicle sale or lease may be conditioned upon
the purchase of the vehicle value protection agreement; and
(6) State the terms, restrictions, and conditions governing cancellation of
the vehicle value protection agreement prior to the termination date of the
agreement by either the provider or the contract holder.
56-55-104. Requirements for a provider to cancel a vehicle value protection
agreement.
(a)
(1) To cancel a vehicle value protection agreement, the provider must
mail a written notice to the contract holder at the last-known address of the
contract holder contained in the records of the provider at least five (5) days prior
to cancellation by the provider; provided, that, the cancellation takes effect
immediately upon the provider sending the notice to the contract holder if the
reason for the cancellation is:
(A) Nonpayment of any provider fee required to be paid by the
contract holder;
(B) A material misrepresentation by the contract holder to the
provider; or
(C) A substantial breach of duties by the contract holder relating
to the covered vehicle or its use.
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(2) The notice must state the effective date of the cancellation and the
reason for the cancellation.
(b)
(1) If a vehicle value protection agreement is canceled by the provider for
a reason other than nonpayment of the provider fee, the provider shall refund to
the contract holder, on a pro rata basis, any unearned provider fee paid by the
contract holder; provided, that, the provider may charge a reasonable
administrative fee of up to seventy-five dollars ($75.00).
(2) If coverage under the vehicle value protection agreement continued
after a benefit was paid under the agreement, the provider may deduct the
amount of the benefit paid from the refund to the contract holder.
56-55-105. Third-party administrator.
A provider may perform as an administrator or retain the services of a third-party
administrator. An administrator has the same powers and duties established under this
chapter as a provider.
56-55-106. Vehicle value protection agreements - Contractual liability insurance
policies.
A provider shall guarantee the provider's obligations by an insurance policy,
issued by an insurer, that pays the contract holder if the provider fails to perform the
obligations in accordance with the vehicle value protection agreement. The insurance
policy must provide that:
(1) If the provider fails to perform its obligations under the vehicle value
protection agreement, the contractual liability insurer will pay all covered amounts
that the provider is legally obligated to pay according to the agreement; and
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(2) The contract holder may file directly with the insurer for
reimbursement if the payment due under the terms of the vehicle value protection
agreement is not made by the provider within sixty (60) days after proof of loss or
trade-in of the covered vehicle has been filed in accordance with the terms of the
agreement.
56-55-107. Vehicle value protection agreements not insurance.
A vehicle value protection agreement that complies with this chapter is not
insurance and is exempt from regulation as insurance.
56-55-108. Rulemaking.
The commissioner of commerce and insurance shall promulgate rules to
effectuate this chapter. The rules must:
(1) Include:
(A) Additional disclosures for the benefit of the warranty holder, in
the discretion of the commissioner;
(B) Record keeping requirements;
(C) Registration fees;
(D) Penalties for violating this chapter;
(E) Procedures for public complaints; and
(F) The conditions under which surplus lines insurers may be
rejected for the purpose of underwriting vehicle protection product
warranty agreements; and
(2) Be promulgated in accordance with the Uniform Administrative
Procedure Act, compiled in title 4, chapter 5.
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SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to agreements entered into, renewed, or amended on or after that date.