Auto Finance News
  • Home
  • News
  • Features
  • Events
    • Auto Finance Summit East
    • Equipment Finance Connect
    • Auto Finance Summit
    • PowerSports Finance Summit
  • Webinar
    • Harnessing AI & Machine Learning to Address Vehicle Affordability Issues
    • Webinar Library
  • Podcast
  • Powersports
  • Big Wheels Data

No products in the cart.

Subscribe
  • Capital & Funding
  • Compliance
  • Risk
  • Technology
  • Best Practices
  • Compliance Monitor
Log In
No Result
View All Result
Auto Finance News
  • Home
  • News
  • Features
  • Events
    • Auto Finance Summit East
    • Equipment Finance Connect
    • Auto Finance Summit
    • PowerSports Finance Summit
  • Webinar
    • Harnessing AI & Machine Learning to Address Vehicle Affordability Issues
    • Webinar Library
  • Podcast
  • Powersports
  • Big Wheels Data
BIG Wheels
Log In
No Result
View All Result
Auto Finance News
No Result
View All Result

Implementing uniform GAP refunds: Costly but necessary

Riley WolfbauerbyRiley Wolfbauer
December 18, 2023
in Compliance
Reading Time: 4 mins read

Automotive lenders should implement a uniform process for GAP refunds across all states they lend in to comply with Consumer Financial Protection Bureau guidelines despite the high cost of the process and a variation in state policies by state, some advisors say. 

Legislation differs by state regarding whether lenders are responsible for distributing GAP refunds to consumers, when a refund is warranted and how a refund is calculated.  

Lenders should adopt a uniform refund policy across all states and ensure that consumers receive refunds in each state the institution lends in regardless of state law, Mike Chalmers, co-founder and managing partner of aftermarket refund advisory company Blue Elk Advisors, told Auto Finance News. Chalmers served as director of sales and aftermarket at Mechanics Bank Auto Finance for nearly six years.  

“The argument that the lender has is, ‘I only refund GAP in states where it is required by law. The law does not require me in Arizona, for example, to refund customers if they pay off their loan early,’” Chalmers said. “The CFPB would come in and say, ‘You’re treating customers differently in different states because of where they reside, so by definition you’re discriminating based on location.’” 

Although a lender in that scenario would be abiding by the state law, the CFPB can still find it in violation because of discriminatory practices, Chalmers said. “If you’re willing to fight the fight with the CFPB, you’re going to lose,” he said. 

Several states, including California, Colorado and Massachusetts, have enacted laws in response to the CFPB’s yearslong concerted efforts against overcharging for add-on products or miscalculating refunds. 

Many states hold the lender accountable if consumers don’t receive correct refunds on GAP insurance. Since 2019, Colorado Attorney General Phil Weiser has completed settlements with 10 lenders over GAP refunds, amounting to $23.5 million in refunds issued to Colorado citizens, according to the AG’s website. 

Alabama, Nevada, Texas and Wyoming also hold the retail installment holder responsible for refunds. Lenders must be vigilant as more states have GAP refund legislation in the works, Chalmers said. 

New York, for one, does not have a law in place regarding GAP refunds, but the New York Department of Financial Services issued a letter in July that states auto lenders must issue refunds to customers for all eligible add-on products. 

Compliance is costly 

One of the difficulties of implementing a large-scale, uniform refund process is the costs associated with managing and issuing refunds, Chalmers said.  

“This is a terrible set of circumstances for a lender because all this does is cost money,” he said.  

To remain compliant, many lenders front the refund to the consumer before the dealer issues the money to the lender, Chalmers said.  

Lenders are “responsible to ensure that the consumer gets their refund, and the only way to do it is to write the check, but if the dealer doesn’t pay that back, now [the lender is] holding the bag,” he said. 

“If you’re [a large lender], you’re talking about hundreds of thousands of dollars a month in refunds that may or may not get paid back,” Chalmers said. “If [lenders] are getting 80% of the money owed back to them from the dealers, that’s pretty good so they’re eating 20% of that.” 

Meanwhile, in order to manage refund amounts, GAP insurance is the only product that nearly all lenders have a set maximum amount they allow dealers to charge, Chalmers said. 

Many lenders have a cap of $1,200 to $1,500 on GAP insurance, he said. The cap on GAP insurance costs has gone up by at least $500 over the past 10 years, which leads to higher refund amounts, Chalmers said. 

“They use [larger caps] as a carrot to get dealers to send more loans to them if they sell their product,” he said. 

Tags: Ancillary ProductsCFPBcomplianceGAP
Previous Post

Auto Finance Summit East 2024 agenda is live 

Next Post

Podcast: ‘Weekly Wrap’ on tightened credit, powersports growth 

Related Posts

TJ Villanueva, vice president and associate counsel at GM Financial, speaks at Auto Finance Summit East 2025.
Best Practices

3 words of compliance advice from GM Financial counsel 

May 21, 2025
(Courtesy/Auto Finance News)
Compliance

GM Financial, Husch Blackwell talk CFPB shift

May 15, 2025

sponsored by InformedIQ

Subscribe to Our Newsletters

PowerSports Finance

Next Post
cars lined up near ocean

Podcast: ‘Weekly Wrap’ on tightened credit, powersports growth 

ABOUT US

HELP CENTER

ADVERTISE

PRIVACY TERMS

ADA COMPLIANCE

CODE OF JOURNALISM ETHICS

Manage Cookie Consent

EXECUTIVES OF THE YEAR

AUTO FINANCE EXCELLENCE AWARDS

MAGAZINE ARCHIVE

INDUSTRY GLOSSARY

facebook linkedin twitter podcast podcast
© 2025 Royal Media
No Result
View All Result
  • Home
  • News
    • All News
    • Capital & Funding
    • EVs
    • Technology
    • Management
    • Powersports Finance News
    • Risk Management
    • Sales & Marketing
  • Events
    • Auto Finance Summit East
    • Equipment Finance Connect
    • Auto Finance Summit
    • PowerSports Finance Summit
  • Features
    • Latest Issue
    • Features
    • New Tracks
    • Car Culture
    • Staffing Shuffles
    • Under The Hood
    • Spotlight
    • Issue Archive
  • Webinar
  • Podcast
  • Big Wheels Data
  • SUBSCRIBE
  • Log In / Account

No Result
View All Result
  • Home
  • News
    • All News
    • Capital & Funding
    • EVs
    • Technology
    • Management
    • Powersports Finance News
    • Risk Management
    • Sales & Marketing
  • Events
    • Auto Finance Summit East
    • Equipment Finance Connect
    • Auto Finance Summit
    • PowerSports Finance Summit
  • Features
    • Latest Issue
    • Features
    • New Tracks
    • Car Culture
    • Staffing Shuffles
    • Under The Hood
    • Spotlight
    • Issue Archive
  • Webinar
  • Podcast
  • Big Wheels Data
  • SUBSCRIBE
  • Log In / Account

THIS WEBSITE USES COOKIES

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “I CONSENT”, you consent to the use of ALL the cookies.

Cookie settingsI CONSENT

Review our Cookie Policies
.
Manage Cookie Consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
34f6831605sessionGeneral purpose platform session cookie, used by sites written in JSP. Usually used to maintain an anonymous user session by the server.
a64cedc0bfsessionGeneral purpose platform session cookie, used by sites written in JSP. Usually used to maintain an anonymous user session by the server.
CookieConsentPolicy1 yearUsed to apply end-user cookie consent preferences set by our client-side utility.
cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
crmcsrsessionGeneral purpose platform session cookie, used by sites written in JSP. Usually used to maintain an anonymous user session by the server.
JSESSIONIDsessionThe JSESSIONID cookie is used by New Relic to store a session identifier so that New Relic can monitor session counts for an application.
LS_CSRF_TOKENsessionCloudflare sets this cookie to track users’ activities across multiple websites. It expires once the browser is closed.
LSKey-c$CookieConsentPolicy1 yearUsed to apply end-user cookie consent preferences set by our client-side utility.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
CookieDurationDescription
__cf_bm30 minutesThis cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
_zcsr_tmpsessionZoho sets this cookie for the login function on the website.
663a60c55dsessionThis cookie is related to Zoho (Customer Service) Chatbox
e188bc05fesessionThis cookie is set in relation to Zoho Campaigns
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gid1 dayInstalled by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT2 yearsYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
vuid2 yearsVimeo installs this cookie to collect tracking information by setting a unique ID to embed videos to the website.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
__Host-GAPS2 yearsThis cookie allows the website to identify a user and provide enhanced functionality and personalisation.
_dc_gtm_UA-1038974-31 minuteUsed to help identify the visitors by either age, gender, or interests by DoubleClick - Google Tag Manager.
_fbp3 monthsThis cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
fr3 monthsFacebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.
test_cookie15 minutesThe test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
VISITOR_INFO1_LIVE5 months 27 daysA cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSCsessionYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devicesneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-idneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt.innertube::nextIdneverThis cookie, set by YouTube, registers a unique ID to store data on what videos from YouTube the user has seen.
yt.innertube::requestsneverThis cookie, set by YouTube, registers a unique ID to store data on what videos from YouTube the user has seen.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
caf_ipaddrsessionNo description available.
citysessionNo description available.
countrysessionNo description available.
gnt_eidsessionNo description available.
gnt_eu6 hoursNo description
iamcsrsessionZoho (Customer Support) sets this cookie and is used for tracking visitors (for performance purposes)
systemsessionNo description available.
traffic_targetsessionNo description available.
Save & Accept
Powered by CookieYes Logo