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  385.308.  Deceptive practices. — 1.  It is unlawful for any provider to use in its name the words insurance, casualty, guaranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business, or any name deceptively similar to the name or description of any insurance or surety corporation, or other provider.

  2.  This section shall not apply to a company that was using any of the prohibited language in its name prior to August 28, 2007.  However, a company using the prohibited language in its name shall disclose in its service contracts a statement in substantially the following form:  "This contract is not an insurance contract.".

  3.  It is unlawful for a provider or its representative in its service contracts or literature to make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell or advertisement of a product service contract.

  4.  It is unlawful for a person, such as a bank, savings and loan association, or lending institution, to require the purchase of a service contract as a condition of a loan or other financing transaction.

  5.  It is unlawful for a person, such as a manufacturer or retailer, to require the purchase of a service contract as a condition to the sale of goods or services.


(L. 2007 H.B. 221)

---- end of effective   28 Aug 2007 ----

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