Advertising Prohibition Policy
Section 33-38-21 “References to the association in advertisements for insurance” (a) No person, including a member insurer or agent or affiliate of a member insurer, shall
make, publish, disseminate, circulate, or place before the public or cause directly or
indirectly to be made, published, disseminated, circulated, or placed before the public, in
any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet,
letter, or poster; over any radio station or television station; or in any other way, any
advertisement, announcement, or statement which uses the existence of the association for
the purposes of sales, solicitation, or inducement to purchase any form of insurance or
other coverage covered by this chapter. This Code section shall not apply to the
association or any other entity which does not sell or solicit insurance or coverage provided
by a health maintenance organization or a health care corporation.
(b) Any person who violates subsection (a) of this Code section may, after notice and
hearing and upon order of the Commissioner, be subject to one or more of the following:
(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to
exceed an aggregate penalty of
$10,000.00; or (2) Suspension or revocation of his or her
license or certificate of authority.
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