Compliance Alerts

October 2022

 

Effective State Changes

 

CALIFORNIA

California AB 2960 was signed by Governor Gavin Newsom on September 18, 2022. This new law removes a January 1, 2023, repeal date and extends indefinitely a self-service storage facility owner’s authority to send a lien notice and other documentation via electronic mail when terminating the right of an occupant to the use of the storage space due to rent or other charges being unpaid for 14 consecutive days. Effective January 1, 2023.

On September 26, 2022, Governor Newsom signed into legislation AB 2380 which prohibits online pet retailers from offering or facilitating a loan or financing for the adoption or sale of a dog, cat, or rabbit. Effective January 1, 2023.

Governor Newsom signed AB 2912 into law on September 22, 2022. This law effectively makes a product’s delivery date the starting date for any express warranty offered by a manufacturer, distributor, or retail seller. Effective January 1, 2023.

The Military and Veteran Consumer Protection Act of 2022 (SB 1311) was signed into law by Governor Newsom on September 27, 2022, and provides new and enhanced protections to servicemembers. Amongst those protections, the bill provides that a security interest in personal property is void and cannot be perfected if it would cause a loan procured by a covered member in the course of purchasing the personal property to be exempt from the requirements of the federal Military Lending Act and, in the case of a security interest in a motor vehicle, if the loan also funds the purchase of a credit insurance product or credit-related ancillary product. Effective January 1, 2023.

Approved by the Governor on September 29, 2022, AB 984 makes permanent a pilot program authorizing the California Department of Motor Vehicles (“DMV”) to issue alternative license plates, stickers, tabs, and registration cards. The new law also provides an option for alternative plates with GPS-tracking technology for fleet vehicles, commercial vehicles and vehicles operating under an occupational license. Effective January 1, 2023.

On September 30, 2022, the Governor signed AB 1871 into law. Under this bill, vehicle history reports must include contact information for the vehicle buyer to contact the reporting business or agency. Among other provisions, it provides a cause of action for a buyer to bring against any report provider who does not comply with this statute. Effective January 1, 2023.

AB 2594 will now require the DMV to refuse the renewal of a person’s vehicle registration if they fail to pay toll fees or late fees. Effective January 1, 2023.

SB 1193 authorizes the California DMV to send electronic notifications to citizens regarding their vehicles. Effective January 1, 2023.

 

DELAWARE

HB 429 clarifies that a guaranteed asset protection waiver is exempt from insurance regulation. Effective immediately.

 

MICHIGAN

SB 1064 was signed into law by Governor Whitmer on October 14, 2022. Among other provisions, the bill requires a new vehicle dealership to meet certain requirements before opening, such as: posting signage of operating hours, not locating within two hundred feet of another licensed dealer, and maintaining all books and records necessary to conduct business on site. Effective January 23, 2023.

 

SOUTH CAROLINA

On October 14, 2022, the South Carolina Department of Insurance adopted Orders 2022-01, 2022-02, and 2022-03 confirming Prima Facie Credit A&H and Credit Property insurance rates for 2023. Under 2022-01, the Credit A&H rates for insurance sold in conjunction with consumer credit transactions in 2023 will remain the same as current rates in 2022. The 12-month rate per $100 of Initial Insured Indebtedness will be as follows:

  • 14-day Retro: $1.38
  • 30-day Retro: $1.30

Under Order 2022-02, the 3-day retroactive A&H rate for insurance sold in conjunction with loans will remain $0.25 per $5.00 of monthly indemnity. Under Order 2022-03, credit property rates have decreased for Automobile Fire and Theft, Automobile Collision, and Household Goods – Dual Interest. The rate for Household Goods – Single Interest remains the same. Effective January 1, 2023.

 

Reminders

 

OKLAHOMA

Senate Bill 1687 changes the upper threshold for Section 3-508B loans to $3,000. The bill also adds three new tiers for loans greater than $1,620. Effective November 1, 2022.

 

Effective Federal Changes     

 

CFPB - ANNUAL REGULATION M & Z ADJUSTMENTS

The Consumer Financial Protection Bureau (“CFPB”) published its annual Truth in Lending Act threshold adjustment, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. For 2023, the exemption threshold amount for Regulation M and Z will increase from $61,000 to $66,400. Effective January 1, 2023.