New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 3200 - SALES OF INSURANCE BY FINANCIAL INSTITUTIONS
Part Ins 3204 - CONSUMER PROTECTION
Section Ins 3204.04 - Tying of Non-Insurance Products with Insurance Products Prohibited

Universal Citation: NH Admin Rules Ins 3204.04

Current through Register No. 40, October 3, 2024

(a) A financial institution's non-insurance products shall not be tied in with insurance products in a manner that violates 12 U.S.C. § 1972 or any other applicable state statute, including RSA 402:39, RSA 402:40 and RSA Chapter 417, the Unfair Trade Practices Act. Financial institutions shall not require the purchase of insurance from the financial institution or from a designated insurer or agent as a condition of other financial institution transactions. A financial institution shall have written policies and procedures in place to prevent impermissible tying.

(b) Such measures required by (a) above shall include:

(1) Monitoring sales activity to detect coercion when offering customers multiple products or services;

(2) Training bank employees about tying prohibitions, including providing examples of prohibited practices and sensitizing employees to the concerns raised by tying;

(3) Involving management in reviewing training, audit, and compliance programs, and updating any policies and procedures to reflect changes in products, services, or applicable law;

(4) Reviewing customer files to determine whether any extension of credit is conditioned on obtaining an insurance product from the bank or its affiliates; and

(5) Responding to any customer allegations of prohibited tying arrangements.

(c) The tying prohibitions shall not prevent financial institution sales personnel from informing a customer that insurance is required in order to obtain a loan or that loan approval is contingent on the customer obtaining acceptable insurance. In such circumstances, sales personnel shall comply with Ins 3204.03.

#7064, eff 7-24-99

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