Sec. 348.124. DEBT CANCELLATION AGREEMENTS. (a) In connection with a retail installment transaction under this chapter, a retail seller may offer to the retail buyer a debt cancellation agreement, including a guaranteed asset protection waiver or similarly named agreement. If the retail installment transaction requires insurance coverage as part of the retail buyer's responsibility to the holder, the debt cancellation agreement, guaranteed asset protection waiver, or similarly named agreement must be offered under Chapter 354. The retail seller may not require that the purchase of a debt cancellation agreement by the retail buyer be made in order to enter into a retail installment transaction.
(b) A debt cancellation agreement is not considered an insurance product.
(c) The amount charged for a debt cancellation agreement made in connection with a retail installment contract must be reasonable.
(d) In addition to other disclosures required by state or federal law, the retail seller shall provide to the retail buyer a separate notice in connection with the retail installment contract stating that the retail buyer is not required to accept or provide a debt cancellation agreement in order to purchase the motor vehicle under a retail installment contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 149 (S.B. 1966), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1034 (H.B. 2931), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 4, eff. September 1, 2017.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 348 - Motor Vehicle Installment Sales
Subchapter B. Retail Installment Contract
Section 348.101. Retail Installment Contract General Requirements
Section 348.1015. Contract Conditioned on Subsequent Assignment Prohibited
Section 348.102. Contents of Contract
Section 348.103. Time Price Differential for Retail Installment Contract
Section 348.104. Time Price Differential for Contract With Equal Monthly Successive Payments
Section 348.105. Use of Optional Ceiling
Section 348.106. Time Price Differential for Other Contracts
Section 348.107. Charge for Default in Payment of Installment
Section 348.108. Charges for Collecting Debt
Section 348.109. Acceleration of Debt Maturity
Section 348.110. Delivery of Copy of Contract
Section 348.111. Buyer's Right to Rescind Contract
Section 348.112. Buyer's Acknowledgment of Delivery of Contract Copy
Section 348.113. Amendment of Retail Installment Contract
Section 348.116. Confirmation of Amendment
Section 348.117. Contract After Amendment
Section 348.118. Prepayment of Contract
Section 348.119. Refund Credit on Prepayment
Section 348.120. Amount of Refund Credit for Monthly Installment Contract
Section 348.121. Amount of Refund Credit for Other Contracts
Section 348.122. Reinstatement of Contract After Demand for Payment
Section 348.123. Refinancing of Large Installment
Section 348.124. Debt Cancellation Agreements
Section 348.125. Trade-in Credit Agreements Offered in Connection With Retail Installment Contracts