31A-6a-105.   Prohibited acts.
     (1) Except as provided in Subsection 31A-6a-104(2), a service contract provider may not use in its name, a contract, or literature:
     (a) any of the following words:
     (i) "insurance";
     (ii) "casualty";
     (iii) "surety";
     (iv) "mutual"; or
     (v) another word descriptive of the insurance, casualty, or surety business; or
     (b) a name deceptively similar to the name or description of:
     (i) an insurance or surety corporation; or
     (ii) another service contract provider.
     (2) A service contract provider or the service contract provider's representative may not:
     (a) make, permit, or cause to be made a false or misleading statement in connection with the sale, offer to sell, or advertisement of a service contract; or
     (b) deliberately omit a material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract.
     (3) A bank, savings and loan association, insurance company, or other lending institution may not require the purchase of a service contract as a condition of a loan.
     (4) Except for a bank, savings and loan association, industrial bank, or credit union, a service contract provider, unless licensed by the department, may not sell, or be the obligated party for:
     (a) a guaranteed asset protection waiver;
     (b) a debt cancellation agreement; or
     (c) a debt suspension agreement.

Amended by Chapter 345, 2008 General Session
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Last revised: Thursday, May 28, 2009