S.C. GAP Law Takes Effect
COLUMBIA, S.C. — As of Dec. 1, F&I offices operating in the state have a new set of rules to follow when selling guaranteed asset protection (GAP). While the new law mainly clarifies what GAP is and does, it also defines when the protection can be sold.
The state’s Guaranteed Asset Protection Act requires that GAP waivers sold in the state include a 30-day right to cancel. It also prohibits dealers and other creditors from requiring that consumers purchase the protection to obtain credit or to secure better terms. Consumers must also receive a written contract disclosing certain terms, such as the price, conditions and exclusions associated with the waiver in “clear, easily understandable language.”
Matthew Nowels, an attorney for Tallahassee, Fla.-based law firm Meenan P.A., said the new law mirrors the model act developed by the Guaranteed Asset Protection Alliance, which his firm manages. He said the trade group, which was formed in 2006 by providers of GAP waivers, initiated discussions with the South Carolina Department of Consumer Affairs this past December about amending state law to provide a framework within which GAP waivers are defined and may be sold.
“GAPA was the driving force,” he said. “We initiated this because we felt there wasn’t a lot of clarity in existing law.”
Not in the model act developed by GAPA were four restrictions on the sale of GAP the South Carolina Department of Consumer Affairs wanted included in the final version of Senate Bill 441, which was signed into law by Governor Nikki Haley on June 1.
One of those restrictions says dealers can only sell GAP in conjunction with a loan “unrelated to the purchase of a motor vehicle if the loan has an origination repayment term of more than 12 months and a principal loan amount greater than four thousand dollars.” Also added was a prohibition on the sale of GAP unless the selling dealer believes the consumer will be eligible for a benefit under the product.
Dealers are also prohibited from selling GAP waivers unless the consumer, credit terms, and the vehicle qualify under the terms of the waiver, and the amount financed — minus the cost of the GAP waiver and other F&I products — is “at least 80% of the manufacturer suggested retail price for a new vehicle or the National Automobile Dealers Association average retail value for a used vehicle.”
“While GAP waiver was authorized in South Carolina, there was not a substantive regulatory framework for companies to follow when offering the product,” Nowels added. “GAPA worked with the South Carolina Department of Consumer Affairs in order to establish that framework, which provides clarity as to how the product may be offered.”
More Industry

Kia Closes Out Summer With a Bang
Its U.S. subsidiary broke multiple records in August, in part due to a surge of demand for hybrids models.
Read More →
Indiana Dealership Changes Hands
A 30-year-old Ford dealership in Indiana has a new owner and will soon be undergoing renovations to meet manufacturer requirements.
Read More →
Texas Dealership No Longer in the Family
The Ford store, a longtime cornerstone of the Houston market, is now part of one of the fastest-growing U.S. auto groups.
Read More →
Genesis Grows California Presence
The Cardinale Automotive Group opened its third Genesis rooftop in the Golden State, Genesis of San Bruno, a stand-alone dealership serving the San Francisco Bay Area.
Read More →
August Auto Sales a Mixed Bag
An early forecast shows strong business despite consumer hurdles, and hybrids are a big piece of their affordability coping strategy.
Read More →
EV Market Humming Along
July sales show steady growth as the segment stabilizes from last year’s artificial surge following pullback of federal support.
Read More →
Auto Loan Delinquency Rates Stabilize
Auto loans are a main driver of nonmortgage consumer debt, but delinquency rates stabilized in the second quarter across all credit risk tiers.
Read More →
EV Sales Recover in Q2
The EV sales roller coaster continues as numbers show improvement, but industry experts predict a year-over-year third-quarter decline and fourth-quarter jump.
Read More →
The Cheapest Hybrids to Fuel
The powertrain is increasing in popularity, in no small part due to its fuel economy. A new report lists the most efficient hybrids on the market.
Read More →
Hybrids and SUVs Gaining Ground
The most recent Kelley Blue Book Brand Watch found that only two nonluxury brands increased in shopper consideration, buoyed by their hybrid and SUV offerings.
Read More →