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#2295924 - 04/15/24 06:01 PM sale of credit life and GAP insurance
didimark Offline
Junior Member
Joined: Apr 2020
Posts: 48
Hi,
Our bank sells credit protection and gap insurance on consumer non-RE loans and pays incentive to employees based on % of the insurance premium of consumer loans. The insurance is voluntary, not a requirement (condition) of a loan.
Does anyone can share is there any state limitations on the incentive paid on gap and credit life insurance ?
Thank you very much in advance!

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#2295926 - 04/15/24 06:07 PM Re: sale of credit life and GAP insurance didimark
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,531
Galveston, TX
In all 50 States? In some states, I believe if they are not licensed, they cannot receive income. You also need really tight controls as if the officers are getting a cut, likely proving this is voluntary is going to be questionable. You better be monitoring your penetration rates, surrogate monitoring for gender and race, etc. per loan officer very carefully. Most banks quit this practice a long time ago due to potential abuse of borrowers.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2295928 - 04/15/24 06:11 PM Re: sale of credit life and GAP insurance didimark
The OG Zaibatsu Offline
Diamond Poster
The OG Zaibatsu
Joined: Dec 2007
Posts: 1,715
Texas
Voluntary but you pay your employees a percentage. Boy, I wouldn't want to try to defend a UDAAP claim with those facts.
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Only two things that money can't buy, that's true love & homegrown tomatoes

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#2295935 - 04/15/24 06:28 PM Re: sale of credit life and GAP insurance rlcarey
didimark Offline
Junior Member
Joined: Apr 2020
Posts: 48
Thank you, ricarey!
We are a Texas state member bank. I referred to State of Texas rule.
I searched at the federal level regulations, I did not find anything so I am wondering if there is any limitation/requirements at the State level.
Thank you again for the additional info regarding monitoring process. All consumer loans are centralized in consumer lending department. We provided all required disclosures. I will dig into for the penetration and other prohibited basis.

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#2295943 - 04/15/24 08:07 PM Re: sale of credit life and GAP insurance didimark
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,531
Galveston, TX
Have you talked to your legal counsel about this? You need to be looking at the Texas Department of Insurance: https://www.tdi.texas.gov/agent/specialty-credit-apply.html

I am not sure that you can pay non-licensed individuals in Texas for actual sales of insurance.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2295964 - 04/16/24 01:45 PM Re: sale of credit life and GAP insurance rlcarey
didimark Offline
Junior Member
Joined: Apr 2020
Posts: 48
Thank you, rlcarey! I will talk to our legal.
Last edited by MJZMJZ; 04/16/24 01:46 PM.
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