1. (1) The format and content of an advertisement of an accident or sickness insurance policy shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a 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 the advertisement is directed.
2. (2) An advertisement shall be truthful and not misleading in fact or in implication. Words or phrases, the meaning of which is clear only by implication or by familiarity with insurance terminology, shall not be used.
3. (3) An insurer shall clearly identify its accident and sickness insurance as an insurance policy. A policy trade name shall be followed by the words "insurance policy" or similar words which clearly identify the fact that an insurance policy is being offered.

4. (4) An insurer, agent, or other person shall not solicit a resident of this state for the purchase of accident and sickness insurance in connection with, or as the result of, the use of any advertisement by such person or any other person where the advertisement does either of the following:

   1. (a) Contains any misleading representations or misrepresentations or is otherwise untrue, deceptive, or misleading with regard to the information imparted, the status, character, or representative capacity of such person, or the true purpose of the advertisement.
   2. (b) Otherwise violates the provisions of these rules.
5. (5) An insurer, agent, or other person shall not solicit residents of this state for the purchase of accident and sickness insurance through the use of a true or fictitious name which is deceptive or misleading with regard to the status, character, or proprietary or representative capacity of such person or the true purpose of the advertisement.
6. (6) An insurer, agent, or other person shall not use a lead-generating device or list of prospective insureds compiled therefrom unless such lead-generating device contains the following or substantially similar language in the same size of type as the rest of the information and is not hidden or placed in a position to render it obscure:"This request for information is insurance related and if you respond you may be contacted in an attempt to sell you insurance."
7. (7) An insurer, agent, or other person shall not use a lead-generating device or list of prospective insureds compiled therefrom if the insurer, agent, or other person knew or reasonably should have known that the lead-generating device or list of prospective members was obtained in a manner which violates any provision of the Michigan insurance code or otherwise violates the provisions of these rules. A list of prospective insureds shall not be purchased unless the purchaser requests from the seller any lead- generating device that was used to compile the list and obtains a specimen copy of any such device that is disclosed. An agent or insurer may use a list obtained through lead-generating devices before the effective date of these rules for up to 6 months after the effective date if the lead-generating devices used to compile the lists are retained on file by the agent or insurer for inspection by the insurance bureau.
8. (8) The contents of all advertisements, including lead-generating devices, regardless of by whom prepared, created, designed, or presented, shall be the responsibility of any insurer benefiting directly or indirectly from their use.

History: 1979 AC; 1991 AACS.