FI showroom red and grey logo
MenuMENU
SearchSEARCH

S.C. GAP Law Takes Effect

The new law mirrors the model act developed by the Guaranteed Asset Protection Alliance and clarifies how the product may be offered in the state. But the law contains restrictions on when the protection can be sold.

by Staff
December 10, 2015
2 min to read


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.”

Ad Loading...

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.”

Ad Loading...

“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 Auto Finance

Auto Financeby Lauren LawrenceFebruary 23, 2026

Auto Loan Forecast Bucks Market Trend

Auto loan originations rose over 6% year-over-year in the third quarter of 2025, but TransUnion predicts a slight decline in auto loan growth this year, making it an outlier in the company's overall lending forecast.

Read More →
Auto Financeby Hannah MitchellFebruary 11, 2026

Auto Credit More Plentiful

Growing access shows greater lender appetite for risk as consumers take on heavier debt burden in an inflated market.

Read More →
Auto Financeby Hannah MitchellJanuary 27, 2026

Auto Loans Long as Stretch Limos

More consumers, faced with ever-rising car prices, are adapting by agreeing to longer loan terms despite the cost of added interest payments.

Read More →
Ad Loading...
A person holds a stack of cash with a small red toy car on top.
Auto Financeby StaffJanuary 20, 2026

AutoPayPlus Launches RePayPlus

The reinsured biweekly payment program offers auto dealers with customer retention and reinsurance structure.

Read More →
F&Iby Hannah MitchellJanuary 12, 2026

Auto Credit Access Loosens

December brought some of the best borrowing availability for consumers in years, though lenders tightened their reins on riskier segments of the market.

Read More →
A hand holding small burlap money bags next to a toy red car, symbolizing auto financing, loan payments, and dealership profitability.
Industryby StaffNovember 14, 2025

Report Uncovers $4.7B Opportunity for Auto Dealers

Solving mismatched payment quotes can boost sales, profits

Read More →
Ad Loading...
Industryby Hannah MitchellNovember 10, 2025

Auto Loans More in Reach

October easier to tap despite approval rates falling

Read More →
Industryby Hannah MitchellNovember 3, 2025

Q3 Auto Loans Reveal Stress

Data reflect growing finance activity on the extreme ends of credit risk scale

Read More →
Industryby Hannah MitchellOctober 15, 2025

Debt-Strapped Auto Consumers on the Rise

The amounts owed on under-water trade-ins reach new highs.

Read More →
Ad Loading...
F&Iby Hannah MitchellOctober 10, 2025

Helping the Credit-Crunched

Though many auto consumers are finding it challenging to trade, dealers can leverage conditions to help them get over the hump.

Read More →