(a)

1. (1) The format and content of an advertisement of a disability insurance policy shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive.
2. (2) Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the Insurance 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.

(b)

1. (1) Advertisements shall be truthful and not misleading in fact or by implication.
2. (2) Words or phrases, the meaning of which is clear only by implication or by familiarity with insurance terminology, shall not be used.

(c)

1. (1) An insurer must clearly identify its disability insurance policy as an insurance policy.
2. (2) A policy trade name must be followed by the words "Insurance Policy" or similar words clearly identifying the fact that an insurance policy or health benefits product (in the case of health maintenance organizations, prepaid health plans, and other direct service organizations) is being offered.

(d) No insurer, agent, broker, solicitor, or other person shall solicit a resident of Arkansas for the purchase of disability insurance in connection with or as the result of the use of advertisement by such person or any other persons, where the advertisement:

1. (1) Contains any misleading representations or misrepresentations or is otherwise untrue, deceptive, or misleading with regard to the:

   1. (A) Information imparted;
   2. (B) Status, character, or representative capacity of such person; or
   3. (C) True purpose of the advertisement; or
2. (2) Otherwise violates the provisions of this part.

(e) No insurer, agent, broker, solicitor, or other person shall solicit residents of Arkansas for the purchase of disability insurance through the use of a true or fictitious name which is deceptive or misleading with regard to the:

1. (1) Status, character, or proprietary or representative capacity of such person; or
2. (2) True purpose of the advertisement.