69O-156.107. Form and Content of Advertisements

(1) The form and content of a Medicare Supplement Insurance advertisement shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the Commissioner of Insurance from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence, within the segment of the public to which it is directed.

(2) Advertisements shall be truthful and not misleading in fact or in implication. Words or phrases whose meanings are clear only by implication or by the consumer’s familiarity with insurance terminology shall not be used.

(3) An insurer must clearly identify its Medicare Supplement Insurance policy as an insurance policy. With respect to any product first filed to be offered to Florida residents on or after the effective date of these rules, a policy trade name must be followed by the words “Insurance Policy” or similar words clearly identifying the fact that an insurance policy is being offered.

(4) No insurer, agent, broker, producer, solicitor or other person shall solicit a resident of this State for the purchase of Medicare Supplement Insurance in connection with or as the result of the use of any advertisement which:

(a) Contains any misleading representations, misrepresentations, or is otherwise untrue, deceptive or misleading with regard to the information imparted, the status, character or representative capacity of such person or the true purpose of the advertisement; or

(b) Otherwise violates the provisions of these rules; or

(c) Otherwise violates the provisions of the Florida Insurance Code.

(5) No insurer, agent, broker, producer, solicitor or other person shall solicit residents of this State for the purchase of Medicare Supplement Insurance through the use of a true or fictitious name which is deceptive or misleading with regard to the status, character, or proprietary or representative capacity of such person or the true purpose of the advertisement.

(6) No insurer, agent, broker, producer, solicitor, or other person shall use a lead generating device or list of prospective insureds compiled therefrom, if the insurer, agent, broker, producer, solicitor or other person knew or reasonably should have known that the lead generating device or list of prospective members was obtained in a manner which violates any provision of the Florida Insurance Code or otherwise violates the provisions of these rules. No list of prospective insureds may be purchased unless the purchaser requests from the seller any lead-generating devices that were used to compile the list and obtains a specimen copy of any such devices that are disclosed.

(7) The contents of all advertisements, lead generating devices, and lists of prospective insureds, regardless of by whom prepared, created, designed or presented, shall be the responsibility of any insurer benefiting directly or indirectly from its use if the insurer either requested the preparation of, or reasonably should have known of the content of the advertisement, lead generating device or list of prospective insureds.

(8) Each solicitation of coverage which insures Florida resident(s) shall be from and contain the name of a Florida licensed agent.

(9) No insurer, agent, broker, producer, solicitor, or other person shall effectuate insurance coverage prior to a full explanation of the coverage offered and completion of an application form.

Specific Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 624.428, 626.112, 626.830, 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1) FS. History–New 6-12-88, Formerly 4-46.006, 4-156.107.