State Law Guide
If you paid off your loan early, you may be owed a GAP refund.
Arkansas GAP Insurance Refund Guide
Under Arkansas Guaranteed Asset Protection Waiver Act, Arkansas consumers who pay off auto loans early are entitled to pro-rata GAP and warranty refunds. Dealers who fail to comply face Cease-and-desist orders and penalties of up to $500 per violation ($10,000 in total) from the Insurance Commissioner (Ark. Code Ann. § 4-90-808).
Quick Answer
In Arkansas, you're entitled to a pro-rata refund of unused GAP insurance and warranty products when your loan is paid off early. You can sue in Small Claims Court for up to $5,000.
Paid off your auto loan early in Arkansas?
Check your rights under Arkansas law
Key Arkansas Provisions
| Provision | Requirement | Your Right |
|---|---|---|
| Free Look Period | At least 30 days | If the waiver is cancellable, cancelling within the free look period gives a full refund of the purchase price so long as no benefits have been provided (Ark. Code Ann. §§ 4-90-802(5), 4-90-806(a)(2)) |
| Refund of Unearned Portion | Required after cancellation or early payoff | After the free look, if the waiver is cancelled or the loan ends early and no benefits have been provided, you are entitled to a refund of the unearned portion of the purchase price under the waiver's terms (Ark. Code Ann. § 4-90-806(b)(1)) |
| Cancellation Fee | Max $75 | Any cancellation fee deducted from that refund cannot exceed $75 (Ark. Code Ann. § 4-90-806(b)(1)) |
| 90-Day Request Window | After the loan ends early | If you are requesting the refund because the finance agreement ended early, send written notice within 90 days of the event that ended it (Ark. Code Ann. § 4-90-806(b)(2)-(3)) |
| Refund Method Disclosure | Required in the waiver | The waiver must disclose the methodology for calculating any refund of the unearned purchase price (Ark. Code Ann. § 4-90-805(7)) |
| Refund Applied to Balance | Unless paid in full | The creditor may apply the refund to the loan balance unless you show the loan has been paid in full (Ark. Code Ann. § 4-90-806(d)) |
| Bank and Credit Union Exclusion | Ark. Code Ann. § 4-90-801(d) | The subchapter does not cover debt cancellation contracts governed by the federal bank and credit union rules (12 C.F.R. Parts 37 and 721); if yours is one, its own terms govern |
| Insurance Commissioner Enforcement | Ark. Code Ann. § 4-90-808 | GAP waivers are not insurance, but the Insurance Commissioner enforces the subchapter and can order compliance and impose penalties of up to $500 per violation, $10,000 in total for similar violations |
Free Look Period
At least 30 daysRefund of Unearned Portion
Required after cancellation or early payoffCancellation Fee
Max $7590-Day Request Window
After the loan ends earlyRefund Method Disclosure
Required in the waiverRefund Applied to Balance
Unless paid in fullBank and Credit Union Exclusion
Ark. Code Ann. § 4-90-801(d)Insurance Commissioner Enforcement
Ark. Code Ann. § 4-90-808What Arkansas Law Requires
Your Refund Rights
Under Arkansas Guaranteed Asset Protection Waiver Act, Arkansas consumers who pay off auto loans early are entitled to pro-rata refunds on unused GAP insurance and warranty coverage. You're entitled to a pro-rata refund based on unused coverage time.
GAP coverage is often refundable after an early payoff, a refinance, or a total loss on which GAP paid no claim — but the contract, state law, and unused coverage determine the amount.
A formal demand letter citing your state's exact statutes is harder to ignore than a generic email.
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Frequently Asked Questions
Do I get a GAP refund if I pay off my car early in Arkansas?
Yes, if no benefits have been provided. After the free look, Ark. Code Ann. § 4-90-806(b)(1) entitles you to a refund of the unearned portion of the purchase price, calculated by the method your waiver discloses, less a cancellation fee of no more than $75. Send your written request within 90 days of the payoff (§ 4-90-806(b)(3)).
What is the free look period for GAP in Arkansas?
Arkansas law requires a minimum 30-day free look period. During this time, you can cancel for a full refund with no penalties or fees, as long as no benefits have been provided.
How is the Arkansas GAP refund calculated?
Arkansas does not prescribe a formula: you get the unearned portion of the purchase price, calculated by the method your waiver must disclose (Ark. Code Ann. §§ 4-90-805(7), 4-90-806(b)(1)), less a cancellation fee of no more than $75. Many waivers use a pro-rata method (price × unused months ÷ total months).
Where do I file a complaint about a GAP refund in Arkansas?
The Arkansas Insurance Commissioner enforces the GAP waiver law and can order a stop and impose penalties of up to $500 per violation (Ark. Code Ann. § 4-90-808), so file with the Arkansas Insurance Department. The Attorney General's Consumer Protection Division also takes consumer complaints.
Arkansas Regulatory Contacts
If you need to file a complaint or seek assistance, contact these official agencies:
Contact information is provided for reference. Verify current details on official agency websites.
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