Alabama 2025 Regular Session

Alabama Senate Bill SB318

Introduced
4/8/25  
Refer
4/8/25  
Report Pass
4/16/25  
Engrossed
4/30/25  

Caption

Service contracts; terms defined; certain disclosures in advertising required; disclosures of limitations of contracts further provided for

Impact

The enactment of SB318 is poised to enhance consumer protection, as service contract providers will be mandated to provide extensive details about coverage limits, terms, and conditions of their contracts. This aligns with an overarching goal to foster transparency and ensure that consumers make informed decisions when entering into these agreements. Moreover, the establishment of a 'Service Contract Revolving Fund' through the collection of annual fees from service contract providers aims to enable effective administration and oversight by the state insurance department, thereby securing compliance with the newly set regulations.

Summary

SB318 is legislation aimed at regulating service contracts within the state of Alabama, specifying mandatory disclosures that providers must make to consumers. The bill amends several sections of the Code of Alabama 1975 to better define service contracts, what exemptions apply, and the information that should be disclosed in advertising. These changes are intended to create clearer expectations for consumers regarding the terms and conditions associated with service contracts, including any limitations and exceptions that may arise. Notably, the bill also clarifies that service contracts are not to be classified as insurance under the state law, establishing a specific framework to differentiate between service contracts and insurance policies.

Sentiment

General sentiment around SB318 appears to be supportive among lawmakers, as indicated by its unanimous passage (31-0) during the voting process. Proponents argue that the bill will facilitate a more structured and clear market for consumers, reducing the potential for misunderstandings and disputes over service contracts. Nonetheless, there may be concerns from service providers about the increased regulatory burden and the implications of being required to disclose a greater amount of contract detail, which could impact their operational flexibility.

Contention

While the introduction of this bill has largely been met with approval, potential contention centers around the definition and treatment of service contracts versus insurance. By explicitly prohibiting the classification of service contracts as insurance, there could be pushback from those who feel consumers may not be adequately protected without the safeguards usually associated with insurance policies. Furthermore, the requirement for extensive disclosures, while protecting consumers, may raise compliance costs for service contract providers, raising questions about the balance between consumer protection and business feasibility.

Companion Bills

AL HB466

Same As Service contracts; terms defined; certain disclosures in advertising required; disclosures of limitations of contracts further provided for

Previously Filed As

AL SB185

Service contract providers, disclosures required in contracts and related marketing, limitation of liability, right to pay out cash value in lieu of repair or replacement, size and placement of disclosures.

AL HB154

Service contract providers, disclosures required in contracts and related marketing, limitation of liability, right to pay out cash value in lieu of repair or replacement, size and placement of disclosures.

AL HB67

Contracts, competitive bidding, information technology contracts, further provided

AL HB13

Real estate professionals, licensing requirements, limitations and penalties related to duration of residential listing agreements, requirements and penalties related to disclosure of equitable interests in contracts, limits transactions with licensed out of state professionals.

AL HB492

Real estate professionals, licensing requirements, limitations and penalties related to duration of residential listing agreements, requirements and penalties related to disclosure of equitable interests in contracts, limits transactions with licensed out of state professionals.

AL HB418

State Licensing Board for General Contractors; minimum cost of undertaking subject to licensure requirements, increased

AL SB292

State Licensing Board for General Contractors; minimum cost of undertaking subject to licensure requirements, increased

AL SB234

Public contracts, county public building authorities, exemption provided

AL HB337

Public contracts, county public building authorities, exemption provided

AL HB3

Real estate commission; real estate brokers, companies, salespersons; training, qualifications licensure; penalties for certain licensee conduct; required disclosures, prohibited conduct

Similar Bills

AR HB1770

To Repeal The Service Contracts Act; To Transfer The Duties Of Regulation Of Service Contracts To The Insurance Commissioner; To Establish The Arkansas Service Contracts Act; And To Regulate Service Contracts.

AL HB466

Service contracts; terms defined; certain disclosures in advertising required; disclosures of limitations of contracts further provided for

AL HB5

Service contracts; terms defined; certain disclosures in advertising required; disclosures of limitations of contracts further provided for

LA SB519

Provides with respect to service provider contracts. (8/1/14)

CA AB520

Employment: public entities.

CA AB597

Public insurance adjusters.

CA SB1002

Public insurance adjusters.

LA HB522

Provides relative to motor vehicle service contracts