Definitions

As used in this chapter, the term: (1) ‘‘Administrator’’ means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. (2) ‘‘Department’’ means the Department of Insurance. 646 33-34A-2 (3) ‘‘Service contract’’ means a contract or agreement as defined under Code Section 33-7-6. (4) ‘‘Incidental costs’’ means expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees. (5) ‘‘Vehicle protection product’’ means a vehicle protection device, system, or service that: (A) Is installed on or applied to a vehicle; (B) Is designed to prevent loss or damage to a vehicle from a specific cause; and (C) Includes a written warranty. For purposes of this chapter, the term ‘‘vehicle protection product’’ shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. (6) ‘‘Vehicle protection product warranty’’ or ‘‘warranty’’ means, for the purposes of this chapter, a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. (7) ‘‘Vehicle protection product warrantor’’ or ‘‘warrantor’’ for the purposes of this chapter means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. ‘‘Warrantor’’ does not include an authorized insurer. (8) ‘‘Warranty holder’’ for the purposes of this chapter means the person who purchases a vehicle protection product or who is a permitted transferee. (9) ‘‘Warranty reimbursement insurance policy’’ means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the war647 33-34A-4 rantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor. History. — Code 1981, § 33-34A-2, enacted by Ga. L. 2003, p. 644, § 1; Ga. L. 2005, p. 60, § 33/HB 95; Ga. L. 2013, p. 141, § 33/HB 79; Ga. L. 2019, p. 386, § 114/SB 133. The 2019 amendment, effective July 1, 2019, substituted ‘‘Department of In- surance’’ for ‘‘Insurance Department’’ in paragraph (2); deleted former paragraph (3), which read: ‘‘ ‘Commissioner’ means the Commissioner of Insurance.’’; and redesignated former paragraphs (4) through (10) as present paragraphs (3) through (9), respectively. 33-34A-3. Compliance with chapter; vehicle manufacturers not required to comply. (a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter. (b) Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with this chapter are not required to comply with and are not subject to any other provision of this title. (c) Service contract providers who do not sell vehicle protection products are not subject to the requirements of this chapter and sales of vehicle protection products are exempt from the requirements of Code Section 33-7-6. (d) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to the provisions of this chapter. (e) Vehicle manufacturers shall not be subject to any of the provisions of this chapter. History. — Code 1981, § 33-34A-3, enacted by Ga. L. 2003, p. 644, § 1. 33-34A-4. Representation as warrantor; filing of registration records; fees; renewal of registration. (a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the Commissioner. (b) Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information: (1) The warrantor’s name, any fictitious names under which the warrantor does business in this state, principal office address, and telephone number; 648 33-34A-5 (2) The name and address of the warrantor’s agent for service of process in this state if other than the warrantor; (3) The names of the warrantor’s executive officer or officers directly responsible for the warrantor’s vehicle protection product business; (4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state; (5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by Code Section 33-34-5; and (6) A copy of each warranty the warrantor proposes to use in this state. (c) The Commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed $750.00 annually. The information in paragraphs (1) and (2) of subsection (b) of this Code section shall be made available to the public. (d) If a registrant fails to register by the renewal deadline, the Commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state. (e) An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products. History. — Code 1981, § 33-34A-4, enacted by Ga. L. 2003, p. 644, § 1.