LD 1640
pg. 7
Page 6 of 11 An Act Regarding Service Contracts Page 8 of 11
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LR 2384
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protect against any further damage and any requirement to
follow instructions in an owner's manual.

 
K.__Service contracts must state whether or not the service
contract provides for or excludes consequential damages or
preexisting conditions, if applicable.

 
§7006.__Prohibited acts

 
1.__Prohibited names.__A provider may not use in its name the
words "insurance," "casualty," "surety," "mutual" or any other
words descriptive of the insurance, casualty or surety business
and may not use a name deceptively similar to the name or
description of any insurance or surety corporation or to the name
of any other provider.__The word "guaranty" or similar word may
be used by a provider.__This section does not apply to a company
that was using any of the prohibited language in its name prior
to the effective date of this chapter; however, a company using
the prohibited language in its name shall include in its service
contracts a statement in substantially the following form:__"This
agreement is not an insurance contract."

 
2.__Misleading statements.__A provider or its representative
may not in its service contracts or literature 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.

 
3.__Prohibited conditions of sale.__A person, such as a bank,
savings and loan association, lending institution, manufacturer
or seller of any product, may not require the purchase of a
service contract as a condition of a loan or a condition for the
sale of any property.

 
§7007.__Record-keeping requirements

 
1.__Books and records.__A provider shall keep books and
records in accordance with this section.

 
A.__The provider shall keep accurate accounts, books and
records concerning transactions regulated under this
chapter.

 
B.__The provider's accounts, books and records must include:

 
(1)__Copies of each type of service contract sold;

 
(2)__The name and address of each service contract
holder, to the extent that the name and address have
been furnished by the service contract holder;

 
(3__A list of the locations where service contracts are
marketed, sold or offered for sale; and


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