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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 21TRADE PRACTICES
SUBCHAPTER BADVERTISING, CERTAIN TRADE PRACTICES, AND SOLICITATION
DIVISION 1INSURANCE ADVERTISING
RULE §21.121Lead Solicitations

(a) An insurer or agent who obtains a list of potential customers derived from use of a lead solicitation, as defined in §21.102(1)(F) of this division (relating to Scope), is responsible for the content of the lead solicitation used to generate such list.

(b) A lead solicitation shall prominently disclose that an insurer or agent may contact the recipient of the solicitation, if that is a fact. In addition, an insurer or agent who makes contact with a person as a result of acquiring that person's name from a lead solicitation shall disclose that fact in the initial contact with the person.

(c) In addition to any other prohibition on untrue, deceptive, or misleading advertisements, no advertisement for an event or group meeting where information will be disseminated regarding insurance products, insurance products will be offered for sale, or individuals will be enrolled, educated or assisted with the selection of insurance products, may use the terms "seminar," "class," "informational meeting," "retirement," "estate planning," "financial planning," "living trust," or substantially equivalent terms to characterize the purpose of the public gathering or event unless it adds the words "and insurance sales presentation" immediately following those terms in the same type size and font as those terms.


Source Note: The provisions of this §21.121 adopted to be effective December 9, 2007, 32 TexReg 8830; amended to be effective September 8, 2010, 35 TexReg 8117

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