State Law Guide
If you paid off your loan early, you may be owed a GAP refund.
Texas GAP Insurance Refund Guide
Under Texas Finance Code Chapter 354, Texas consumers who pay off auto loans early are entitled to pro-rata GAP and warranty refunds. Dealers who fail to comply face Restitution orders and administrative penalties from the Office of Consumer Credit Commissioner for knowing and willful violations, and liability of up to three times the actual economic loss plus attorney's fees (Tex. Fin. Code §§ 14.251, 349.003).
Quick Answer
In Texas, you're entitled to a pro-rata refund of unused GAP insurance and warranty products when your loan is paid off early. Refunds must be issued within 60 days. You can sue in Small Claims Court for up to $20,000.
Paid off your auto loan early in Texas?
Check your rights under Texas law
Key Texas Provisions
| Provision | Requirement | Your Right |
|---|---|---|
| Free Look Period | At least 30 days | If no total loss or theft has occurred, you may cancel within 30 days after the contract date or the agreement's issuance, whichever is later (or a later date the agreement allows), and the holder or administrator must refund or credit the entire fee (Tex. Fin. Code § 354.007(c)) |
| Auto-Refund on Payoff | 60 days, or instructions within 30 days | When the agreement ends because the contract ended early, the holder must refund or credit an appropriate amount within 60 days, or send written instructions within 30 days to the administrator (and retail seller), who must then refund within 30 days of receiving them (Tex. Fin. Code § 354.007(e), (e-1), (f)) |
| Refund Trigger Date | Earliest qualifying event | The refund is based on the earliest of payoff, the holder's demand for payment in full or acceleration, your cancellation request, or a total claim denial based on an exclusion; no refund is required if it is under $5 (Tex. Fin. Code § 354.007(a), (b)) |
| Refund Method | Stated in the agreement | The agreement must state how refunds are calculated (Tex. Fin. Code § 354.004(10)); OCCC guidance says the most common methods are pro rata and pro rata minus a fixed cancellation fee, and the fee may not be stated as fully earned from the start (OCCC Advisory Bulletin B16-2) |
| Price Cap | 5% of the amount financed | The charge for a chapter 354 debt cancellation agreement may not exceed 5% of the amount financed (Tex. Fin. Code § 354.002(b)) |
| Bank and Credit Union Exclusion | Dealer installment contracts only | Chapter 354 covers debt cancellation (GAP) agreements in retail installment contracts under Finance Code chapters 345 and 348 that include insurance coverage as part of your obligations to the holder; GAP on a direct loan from a bank, credit union or other lender is outside chapter 354 (Tex. Fin. Code §§ 354.001(1), 354.002(a)) |
| OCCC Complaints | Required disclosure | The agreement must tell you that you may file a complaint with the Office of Consumer Credit Commissioner (Tex. Fin. Code § 354.004(15)) |
Free Look Period
At least 30 daysAuto-Refund on Payoff
60 days, or instructions within 30 daysRefund Trigger Date
Earliest qualifying eventRefund Method
Stated in the agreementPrice Cap
5% of the amount financedBank and Credit Union Exclusion
Dealer installment contracts onlyOCCC Complaints
Required disclosureWhat Texas Law Requires
Your Refund Rights
Under Texas Finance Code Chapter 354, Texas 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.
Timeline
Once you submit your request, the dealer or administrator has 60 days to respond. Failure to comply may result in Restitution orders and administrative penalties from the Office of Consumer Credit Commissioner for knowing and willful violations, and liability of up to three times the actual economic loss plus attorney's fees (Tex. Fin. Code §§ 14.251, 349.003).
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
What is the cancellation fee for GAP in Texas?
Under Texas Finance Code Chapter 354, the cancellation fee is governed by your GAP waiver agreement. Review your contract terms to determine the applicable fee.
What if my Texas dealer is late refunding my GAP?
If your contract ended early, the holder must refund or credit the GAP fee within 60 days, or instruct the administrator within 30 days, who then has 30 days to pay (Tex. Fin. Code § 354.007(e)-(f)). If that is missed, complain to the Office of Consumer Credit Commissioner; a holder that fails a chapter 354 requirement can be liable for up to three times your actual economic loss plus attorney's fees (§ 349.003), subject to its right to cure (§ 349.201).
Do I get a GAP refund if I pay off my car early in Texas?
Yes, if your GAP is a chapter 354 debt cancellation agreement in a dealer installment contract. Payoff is a refund trigger (Tex. Fin. Code § 354.007(a)), and the holder must refund or credit an appropriate amount within 60 days, or instruct the administrator within 30 days, without waiting for you to cancel (§ 354.007(e)-(f)). The amount follows the refund method your agreement must state (§ 354.004(10)).
Where do I file a complaint in Texas?
The Office of Consumer Credit Commissioner regulates chapter 354 debt cancellation agreements, and your agreement must tell you that you can complain to it (Tex. Fin. Code § 354.004(15)); call (800) 538-1579. The Texas Attorney General's Consumer Protection Division also takes consumer complaints.
Texas 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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