Current through Register No. 50, December 12, 2024
Section Ins 3204.04 - Tying of Non-Insurance Products with Insurance Products Prohibited(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.N.H. Admin. Code § Ins 3204.04