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Electronic Consent For Promotional Material

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Question: 
The Consumer Protection in Sales of Insurance regulation (343.40(d)) indicates that advertisements and other promotional material for insurance products or annuities must include the insurance disclosures. We include promotional information about insurance products on our web site and if customers are interested, they would e-mail or call us for more information. Prior to selling the insurance, we provide the insurance disclosure in writing and obtain the customer's consent. Section 343.40(c)(4) describes providing disclosures in an electronic format and requires that a consumer affirmatively consents to receiving the disclosures electronically. Would the electronic consent requirement apply when we are only posting promotional material on the web site ?
Answer: 

The electronic rules generally apply to transactions that will be conducted electronically. If you are merely using your web site as an advertising vehicle, you can provide the disclosures when the transaction is conducted face-to-face or through the mail. However, it never hurts to give extra disclosures!

First published on BankersOnline.com 10/7/02

First published on 10/07/2002

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