(1) Every guaranteed asset protection waiver contract issued to a resident of Washington state or in Washington state must conspicuously disclose the legal name, home office address, and local contact address of the creditor.
(2) Upon any assignment or transfer of the waiver, as allowed under RCW 48.160.030
, the disclosure provided to the consumer must conspicuously include:
(a) The legal name and home office address of both the person or entity transferring the obligation;
(b) The legal name and home office address of the assignee for the guaranteed asset protection waiver; and
(c) The local address, telephone and email contact information for the assignee for the guaranteed asset protection waiver.
(3) The contract must not use a trade name, a group designation, name of a parent company, name of a particular division, service mark, slogan, symbol, or other device or reference without also disclosing the legal name of the creditor, or in such a manner that it would have the capacity or tendency to mislead or deceive as to the true identity of the creditor or create the impression that a company other than the creditor would have any responsibility for the financial obligation under the contract.
(4) No contract, solicitation or marketing document or disclosure notice to a consumer may use any combination of words, symbols or physical materials which by their content, phraseology, shape, color or other characteristics are so similar to a combination of words, symbols or physical materials used by a government program or agency or otherwise appear to be of such a nature that they tend to mislead prospective consumers into believing that the program or contract is in some manner connected with such government program or agency. Creditors may disclose that they are registered with the commissioner.
(5) The commissioner will use the last mailing address provided by the registrant to the commissioner as the address of record. Registrants must advise the commissioner of any change of address within thirty days after the end of the month in which the change of address occurs. This includes any change in the registrant's mailing, business or email address. Failure to advise the commissioner of a change of address may subject a registrant to disciplinary action under RCW 48.160.070
(6) When communicating with the commissioner's office for any reason, applicants and registrants must use their legal name.
[Statutory Authority: RCW 48.02.060
. WSR 10-02-111 (Docket Number R 2009-15), § 284-160-050, filed 1/6/10, effective 1/6/10.]