Need help navigating the service contract, extended warranty or GAP waiver regulatory process?

If you are a provider, administrator, seller or insurer of service contracts or GAP waivers; or want to be, let us be your guide to all the state service contract/extended warranty and GAP waiver laws around the country.  We can help guide you through the licensing and registration hoops;  and also help you establish and maintain a compliant service contract, extended warranty or GAP program.

The Service Contracts Compass is designed to assist companies like yours by providing valuable information about changes in laws and regulations which may impact your service contract or GAP waiver programn and by offering compliance consulting services that can help you keep pace with the insurance laws. service contract laws and GAP waiver laws that govern your industry.

Depending on how your service contract program is structured, or if you are just starting out, some or all of the questions below may be worth exploring…and we can help!

– Do you wonder about recent law changes and need help implementing them accurately and timely?

– Do you need help developing a strategy to expand your program into other states?

– Are you considering the acquisition of an existing provider or program and need a due diligence audit?

– Do you and your program partners have the right license(s) for the kinds of service contracts that you offer or sell?

– Do you qualify for any exemptions that you may be unaware of?

– Are you calculating and returning refunds accurately in every jurisdiction?

– Could you benefit from a limited scope operational audit conducted by someone that is “on your team” to help identify potential regulatory problems before a regulator does?

– Do you have a knowledgeable resource who can offer issue-by-issue and state-by-state support for regulatory matters that may arise regarding your service contract program?

Be proactive rather than reactive!  Whether it’s regulatory filing support, contract analysis, or help communicating with a regulator, we have the experience and expertise in the world of service contract laws to offer strategies and solutions for every aspect of your program.

Please explore other areas of this site and be sure to read more about our firm’s practice group and its services. Check out our Service Contract and Extended Warranty Law Services and learn more about our Insurance Regulatory Practice Group.

Licensing, Compliance and Other Services

Our Consultants and Regulatory Attorneys have the expertise to offer a variety of regulatory and legal compliance services to companies active in the service contract industry.  This includes providers, administrators, sellers, manufacturers and insurance companies.  Offering service contracts in multiple jurisdictions where the regulations vary and change frequently can be quite challenging.   We have experience and expertise in service contract laws and extended warranty laws throughout the country.  Here is an overview of the kinds of questions we can answer and the services we offer to help you stay ahead of the game.


– Service Contract Compliance Audits, Strategies and Due Diligence Reviews

Service Contract Licensing & Registration Qualification Information

– Regulated Products Assessment and Classification – Regulatory Surveys

– State Regulatory Filing Support and Services

– Service Contracts or Extended Warranties / Terms & Conditions Analysis and Compliance

– Due Diligence Audits of Programs To Be Acquired

– Research of Specific Service Contract Regulatory and Legal Issues

– Legislative and Regulatory Monitoring, Reporting and Analysis

– Legislative Compliance “Check-Up”

– Sales Representative and Administrator Licensing

– Post-Licensure / Ongoing Compliance Requirements

 

 

Service Contract Licensing & Registration Qualification Information

Do your company’s activities trigger licensing or registration requirements in the jurisdictions in which you are active or considering?  Are the service contract products you are marketing regulated in those jurisdictions?  Does your company qualify for any type of exemption?  These are the kinds of questions we will review with you to better assess your licensing needs.    We can also suggest changes in your program to enhance your potential for licensure.

Service Contract Compliance Audits,  Strategies and Due Diligence Reviews

A limited scope audit of select aspects of your service contract operation can help identify potential compliance issues before they become regulatory problems.  And, if you are considering the purchase of an existing administrator or provider, what do you really know about their current compliance status?  We can tailor an audit as narrowly or as broadly as you would like, but in any case, our assessment and analysis can lead to improved compliance protocols and strategies that can help avoid unnecessary, and sometimes costly, mistakes.   An audit relating to a prospective purchase can also assist in making a more informed financial decision.

 

Regulated Products Assessment and Classification – Regulatory Surveys

Do you really know how each state defines a service contract?  Do your products fall squarely within those definitions or can they potentially trigger other laws, such as insurance product laws?  Has a state you want to do business in passed a law permitting certain ancillary products to be included in a vehicle service contract or offered on a stand-alone basis?   Are you aware of the latest regulatory interpretations and administrative guidance information relating to the classification of your product?  We can provide you with current information addressing these areas so that you can maximize your marketing efforts.

 

State Regulatory Filing Support and Services

Regardless of your program structure or where you want to do business, we can provide you with comprehensive license application and filing support for every jurisdiction.  We will help you file a complete and qualifying package and avoid common mistakes and pitfalls.   We will also interact with the regulator on your behalf to help answer questions they may have along the way.  We can manage the entire filing project, in one state or on a national scale, and take the guess work and headaches out of the process for you.

 

Service Contracts / Extenced Warranty Contracts / Terms & Conditions Analysis and Compliance

Whether you are new to the industry, or have been active for some time, it is still important to be sure that the terms and conditions of the service contracts you offer contain all of the disclosures required by various state laws.  That, in and of itself, can be a challenge.  If you want to offer distinct forms for separate programs, or want to offer a national form that complies with the requirements of all jurisdictions, we can help with content and filing strategies to meet your objectives.   We can also help you determine where prior state approval is required and where no form filing is necessary.

 

Due Diligence Audits of Programs To Be Acquired

An important part of any transaction that contemplates the purchase of a regulated entity or program is a due diligence review.  We have experience reviewing entities and programs for compliance with license or registration requirements around the country, service contract form disclosures and approval as well as financial responsibility compliance issues.  We can help you make a more informed decision before finalizing any acquisition decision.

 

Research of Specific Service Contract Regulatory and Legal Issues

We can provide general information, or conduct detailed research and analysis, relating to regulatory or legal matters affecting a specific aspect of your program.  If you want to understand a regulatory or legal issue better and how it may affect your service contract program, we can provide you with information necessary to make a sound business decision.   No issue is too small or too large to be explored.


Legislative and Regulatory Monitoring and Reporting

We monitor legislative and regulatory activity affecting the service contract industry in all states.   With regard to specific legislative or regulatory actions, we can provide  general overviews or detailed analysis….whatever best suits your needs.   We also interact with state regulators regarding a variety of compliance issues.  We can provide these services relative to a specific issue, or more generally on an ongoing basis for informational or compliance purposes.

Legislative Compliance “Check-Up”

Let us help you assess the impact that recent legislative changes may have on your service contract programs.  From the type of products your service contracts cover (motor vehicle, consumer goods or homes),  to the financial responsibility requirements you must maintain for licensure,  to the disclosures required in your contracts’ terms and conditions, let us perform a compliance “check up” that considers the particulars of your specific business model as well as any new legislation that may affect future compliance requirements.


Sales Representative and Administrator Licensing

Requirements for entities and individuals who sell service contracts or administer service contract programs differ from state to state.   Sometimes, registration or filings are needed separate and apart from the service contract provider.  We can help identify which jurisdictions regulate these kinds of activities and provide assistance in making the necessary regulatory filings.

  

Post-Licensure Requirements

With almost any license or registration, there are ongoing requirements once your company has received its initial authority to operate, and these vary widely by jurisdiction.  Such requirements as filing annual reports, filing updated financial statements and recordkeeping requirements are a few areas where protocols must be in place on the front end to ensure that your service contract program doesn’t run afoul of applicable service contract laws.

  

Regardless of your area of interest, we can tailor our services to your needs.  We can provide as much or as little support as you would like.  There are no dumb questions and asking now rather than later, is one of the smartest things you can do.   Click here to contact us and we can begin exploring your interests and compliance questions within 24 hours!

 

 

The information on this website is provided solely for informational purposes and presents only highly condensed summaries or general information relating to the topics presented. Therefore, it should not be relied upon as a complete record for purposes of regulatory compliance, nor is it intended to furnish legal advice adequate to any particular circumstances.  (c) Copyright Shirley F. Kerns 2016