Rule 120-2-11-.05 - Form and Content of Advertisements(1) Advertisements shall be truthful and not misleading in fact or by implication. The form and content of an advertisement of a policy shall be sufficiently accurate, complete and clear so as to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has the capacity or tendency to mislead or deceive shall be determined by the Commissioner 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) No advertisement shall use the terms "investment," "investment plan," "founder's plan," "charter plan," "expansion plan," "profit," "profits," "profit sharing," "deposit," "interest plan," "savings," "savings plan," or other similar terms in connection with a policy in a context or under such circumstances or conditions as to have the capacity or tendency to mislead a purchaser or prospective purchaser of such policy or a policyholder to believe that he will receive, or that it is possible that he will receive, something other than a policy or some benefit not available to other persons of the same class and equal expectation of life, when such is not the fact.Ga. Comp. R. & Regs. R. 120-2-11-.05
Ga. L. 1960, pp. 289, 305, 394, 395.
Original Rule entitled "Form and Content of Advertisements" adopted. F. Apr. 11, 1980; eff. July 1, 1980, as specified by the Agency.Submitted for Publishing: Mar. 7, 2007.