15 U.S.C. § 6781

Standard of regulation for motor vehicle rentals

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(a) Protection against retroactive application of regulatory and legal action

Except as provided in subsection (b), during the 3-year period beginning on November 12, 1999, it shall be a presumption that no State law imposes any licensing, appointment, or education requirements on any person who solicits the purchase of or sells insurance connected with, and incidental to, the lease or rental of a motor vehicle.

(b) Preeminence of State insurance lawNo provision of this section shall be construed as altering the validity, interpretation, construction, or effect of—(1) any State statute;(2) the prospective application of any court judgment interpreting or applying any State statute; or(3) the prospective application of any final State regulation, order, bulletin, or other statutorily authorized interpretation or action,which, by its specific terms, expressly regulates or exempts from regulation any person who solicits the purchase of or sells insurance connected with, and incidental to, the short-term lease or rental of a motor vehicle.(c) Scope of applicationThis section shall apply with respect to—(1) the lease or rental of a motor vehicle for a total period of 90 consecutive days or less; and(2) insurance which is provided in connection with, and incidentally to, such lease or rental for a period of consecutive days not exceeding the lease or rental period.(d) Motor vehicle defined

For purposes of this section, the term “motor vehicle” has the same meaning as in section 13102 of title 49.

(Pub. L. 106–102, title III, § 341, Nov. 12, 1999, 113 Stat. 1434.)

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Barnette v. Brook Road, Inc., 429 F. Supp. 2d 741 (E.D. Va. 2006).

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Barnette v. Brook Road, Inc., 429 F. Supp. 2d 741 (E.D. Va. 2006). “§ 636 (m)(3)(F)(v)(I) (same); 15 U.S.C. § 6781 (a) (same). 5 . At least one court has found that these provisions are not “totally redundant” because the Federal Trade Commission issued regulations effectuating § 1681s-2(c)(3) eight months prior to issuing regulations…”

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