Powers and Duties of Commissioner — Violations and Penalties

  1. Law
  2. Tennessee Code
  3. Insurance
  4. Guaranteed Asset Protection Waiver Act of 2008
  5. Powers and Duties of Commissioner — Violations and Penalties

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The commissioner may take action that is necessary or appropriate to enforce this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing the commissioner may:

  1. Order the creditor, administrator or any other person not in compliance with this section to cease and desist from further GAP waiver related operations that are in violation of this chapter;
  2. Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this section, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action or practice, regardless of the number of times the action, conduct or practice that is determined to be a violation of this chapter occurred; and
  3. Order any person found to have violated this chapter to cease and desist from selling, soliciting, or negotiating a GAP waiver in this state.


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