§ 6-1-203 — Collision damage waiver form - requirements - failure to comply

(1) Any collision damage waiver form shall conform to the following requirements:

(a) It shall be understandable and written in simple and readable plain
language;

(b) The terms of such collision damage waiver, including, but not limited to,
any conditions or exclusions applicable to the collision damage waiver, shall be
prominently displayed;

(c) All restrictions, conditions, or provisions in, or endorsed on, the collision
damage waiver shall be printed in type at least as large as brevier or ten-point type;

(d) The collision damage waiver shall include a statement of the total charge
for the anticipated rental period or the anticipated total daily charge; and

(e) The agreement containing the collision damage waiver shall display the
following notice on the face of the agreement, set apart and in bold-faced type, and
in type at least as large as ten-point type:

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A
COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE
TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE
RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR
PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN
VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION
DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN
VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE
RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN
INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE
WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

(2) The failure by a lessor to comply with any provision of this section is a
deceptive trade practice under the provisions of this article.

Legislative History

Source: L. 89: Entire part added, p. 362, � 1, effective January 1, 1990.