(a) - (b)(No change.) (c)All information required to be disclosed by this division [these sections] will be set out conspicuously and in close conjunction with the statements to which the information relates or with appropriate captions of such prominence that required information is not minimized, rendered obscure, or presented in an ambiguous fashion, or intermingled with the context of the advertisement so as to be confusing or misleading. Regarding Internet advertising, the disclosures required by the sections referenced in paragraphs (1) - (5) of this subsection may be provided through a conspicuous and clearly labeled link, provided that the link must be placed near the relevant information to which it relates, and must connect directly to the information necessary to comply with the applicable requirements: (1)with respect to "invitation to inquire" advertisements, §21.104(a) of this division [subchapter] (relating to Requirement of Identification of Policy or Insurer); (2)§21.104(i) of this division [subchapter ] if linked to same page satisfying §21.104(a) of this division [subchapter], as permitted in paragraph (1) of this subsection; (3)§21.108(c) of this division [subchapter ] (relating to Use of Statistics and Citations); (4)§21.113(b)(2) - (4), (c)(1), (d)(1) and (f) of this division [subchapter] (relating to Rules Pertaining Specifically to Accident and Health Insurance Advertising and Health Maintenance Organization Advertising); and (5)§21.114(1)(A) of this division [subchapter ] (relating to Rules Pertaining Specifically to Life Insurance and Annuity Advertising). (d)(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 24, 2010
TRD-201002825 Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: July 4, 2010
For further information, please call: (512) 463-6327
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