169-8. Consumer protections.

(a) Nothing in this Chapter shall be construed as allowing the Council or an applicable State agency to grant an innovation waiver that alters or amends any of the following:

(1) Article 12 of Chapter 20 of the General Statutes, Motor Vehicle Dealers and Manufacturers Licensing Law.

(2) Chapter 24 of the General Statutes, Interest.

(3) Chapter 25A of the General Statutes, Retail Installment Sales Act.

(4) Chapter 25B of the General Statutes, Credit.

(5) Article 15 of Chapter 53 of the General Statutes, Consumer Finance Act.

(5a) All financial and solvency requirements that apply to nonadmitted domestic surplus lines insurers pursuant to G.S. 58-21-21(g).

(5b) Article 36 of Chapter 58 of the General Statutes, North Carolina Rate Bureau.

(5c) Article 37 of Chapter 58 of the General Statutes, North Carolina Motor Vehicle Reinsurance Facility.

(6) Article 70 of Chapter 58 of the General Statutes, Collection Agencies.

(7) Article 20 of Chapter 66 of the General Statutes, Loan Brokers.

(8) Chapter 75 of the General Statutes, Monopolies, Trusts, and Consumer Protection.

(9) Any other criminal or consumer protection laws.

(b) Prior to offering an innovative product or service to consumers, a sandbox participant shall make all of the following disclosures to consumers:

(1) The name and contact information of the sandbox participant.

(2) That the innovative product or service is authorized pursuant to the regulatory sandbox for a temporary testing period.

(3) That neither the State of North Carolina nor any of the applicable State agencies endorses or recommends the innovative product or service and is not subject to any liability for losses or damages caused by the product or service.

(4) That the consumer may contact the applicable State agency, including the Attorney General, to file complaints, notices of suspected legal violations, or other comments relating to the innovative product or service being tested and provide the consumer with the requisite agency telephone number and website address or other contact information where complaints or other comments may be filed.

All disclosures to consumers must be in a clear and conspicuous format in both English and Spanish.

(c) Any other statements or additional disclosures that may be required by the relevant State agency or by regulation to further the purposes of this Chapter.

(d) Nothing in this act affects the applicable State agency's exercise of its authority with respect to the efficacy of an innovative insurance product or service or limits the ability of an applicable State agency to ensure the financial capability of a sandbox participant transacting business with consumers. (2021-166, s. 1; 2022-46, s. 21.)