Disparaging comparisons and statements
Arkansas Code § 23-61-108; Arkansas Code § 23-66-207; Arkansas Code § 23-76-125
(a)
(1) An advertisement shall not:
- (A) Directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of noncomparable policies of other insurers;
- (B) Disparage competitors or their:
(i) Policies;
(ii) Services; or
- (iii) Business methods; and
- (C) Disparage or unfairly minimize competing methods of marketing insurance.
- (2) This requirement shall not preclude health maintenance organizations, prepaid health plans, and other direct service organizations from explaining how their health benefits products differ from indemnity insurance products.
(b) An advertisement shall not contain statements such as "no red tape" or "here is all you do to receive benefits".
(c) Advertisements that state or imply that competing insurance coverages customarily contain certain exceptions, reductions, or limitations not contained in the advertised policies are unacceptable unless such exceptions, reductions, or limitations are contained in a substantial majority of such competing coverages.
- (d) Advertisements that state or imply that an insurer's premiums are lower or that its loss ratios are higher because its organizational structure differs from that of competing insurers are unacceptable.