385.208. Deceptive practices.
Deceptive practices.
385.208. 1. A provider shall not use in its name the wordsinsurance, casualty, guaranty, surety, mutual, or any other wordsdescriptive of the insurance, casualty, guaranty, or surety business, norshall such provider use a name deceptively similar to the name ordescription of any insurance or surety corporation, or any other provider.This section shall not apply to a company that was using any of theprohibited language in its name prior to August 28, 2007. However, acompany using the prohibited language in its name shall discloseconspicuously in its motor vehicle extended service contract the followingstatement: "This agreement is not an insurance contract.".
2. A provider or its representative shall not in its motor vehicleextended service contracts or literature make, permit, or cause to be madeany false or misleading statement, or deliberately omit any materialstatement that would be considered misleading if omitted, in connectionwith the sale, offer to sell or advertisement of a motor vehicle extendedservice contract.
3. A person, such as a bank, savings and loan association, lendinginstitution, manufacturer or seller of any product, shall not require thepurchase of a service contract as a condition of a loan or a condition forthe sale of any property.
(L. 2007 H.B. 221)Effective 1-01-08