Insurance: the numbers, the rules, the AI picture.

• State unfair trade practices acts (NAIC Unfair Trade Practices Act, Model 880): false advertising and rebating

  Most states base their law on the NAIC model. Section 4 makes it an unfair practice to misrepresent a policy's benefits, terms or conditions, or to publish insurance advertising that is untrue, deceptive or misleading. The model names internet advertisements and electronic postings explicitly. It also bans rebates and inducements not specified in the policy. Amendments adopted in December 2020 allow value-added services, such as loss control or risk education, when they relate to the coverage and meet set conditions.

  What it means: Your website, social posts, emails and ads are all advertising. Do not overstate coverage, imply a policy covers what it excludes, or misquote a premium. A gift card for buying a policy is a likely rebate. Free risk reviews, safety training or claim help may be allowed as value-added services. States adopted the 2020 changes differently, so check your state and carrier before promoting any incentive.

  [8] content.naic.org

• Life insurance and annuity advertising (NAIC Model 570, adopted in many states)

  The model defines an advertisement to include web pages, the internet and other mass media. Both the insurer and the producer who created an ad are responsible for it. Insurers must keep a system of control, including approval before agents use their own ads. The words free or no cost may be used only when true. Testimonials must be genuine and current, and the agent adopts every statement in them as its own. Statistics must name their source, and ads must not look like a government program.

  What it means: If you sell life or annuities, send your own ads and landing pages to the carrier for approval, and name the insurer when you advertise a specific product. Quote client stories accurately, disclose any payment or financial interest, and never design a mailer or page that looks like a Social Security or government notice.

  [9] content.naic.org

• Producer licence disclosure (example: California Insurance Code section 1725.5)

  States require producers to be licensed where they sell, and some require the licence number in marketing. California has required licence numbers on business cards, written price quotations and print advertisements distributed only in California since 1997. Since January 1, 2023, it must also appear on emails about licensed activity. The type can be no smaller than the largest address, email address or phone number shown.

  What it means: Put licence numbers in email signatures, quote templates and printed material wherever your state requires it. Keep a list of the states each producer is licensed in. On the website, a licensing page that lists your states and licence numbers answers a buyer's first question and reduces risk.

  [10] insurance.ca.gov

• CMS Medicare Advantage and Part D communications and marketing rules (42 CFR 422.2260 to 422.2267)

  Independent agents and brokers count as third-party marketing organizations (TPMOs). A TPMO selling for more than one Medicare Advantage organization must use the CMS disclaimer. It states how many organizations and plans the TPMO represents and points to Medicare.gov or 1-800-MEDICARE. It must be read on sales calls before benefits are discussed, displayed prominently on websites, and included in emails, print and TV. The word free may not describe a $0 premium, and no one may claim Medicare or CMS endorses them.

  What it means: Every Medicare page, ad and landing page needs the disclaimer and a review against the CMS rules. Plans may start marketing the next year's offerings on October 1. Do not use the Medicare card image without CMS authorization or serve meals at sales events. Keep gifts to nominal value, and never hide the plan's name in fine print.

  [11] law.cornell.edu

• CMS beneficiary contact, call recording and data-sharing rules (42 CFR 422.2264 and 422.2274)

  Unsolicited door-to-door visits, cold calls, robocalls, texts, voicemails and social media direct messages to Medicare prospects are prohibited. Contact is allowed when the beneficiary asks for it, for example by returning a business reply card, and that request is valid for 12 months. TPMOs must record marketing and sales calls and keep them for 6 years. Since October 1, 2024, a TPMO may share a beneficiary's personal data with another TPMO only with prior express written consent naming each recipient.

  What it means: A Medicare lead form must say the person's information goes to a licensed agent. If other companies will receive it, name each one and give a separate choice for each. Build call recording into your phone system before the annual election period, and never buy Medicare leads you cannot trace to a compliant consent.

  [12] law.cornell.edu

• TCPA prior express written consent, and the vacated FCC one-to-one consent rule

  The FCC's 2023 one-to-one consent rule would have required consent to one seller at a time. On January 24, 2025, the Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC, a case brought by insurance marketers. On July 14, 2025, the FCC's order DA 25-621 removed the vacated text and reinstated the earlier rule. Telemarketing robocalls and robotexts still need prior express written consent: a signed written agreement with clear disclosures, which cannot be a condition of purchase.

  What it means: The one-to-one rule is gone, but consent is not optional. Every form that leads to an autodialed or prerecorded call or text needs clear consent language naming your agency. Keep a record of the signature and time, and state that consent is not required to buy. Shared lead forms that list dozens of partners remain a legal and reputation risk.

  [13] docs.fcc.gov

• FTC rule on consumer reviews and testimonials, and the Endorsement Guides

  In August 2024 the FTC announced a final rule banning fake reviews and testimonials, including AI-generated ones. It also bans buying reviews tied to a sentiment, undisclosed insider reviews, fake independent review sites and review suppression through threats. The FTC can seek civil penalties against knowing violators.

  What it means: Never write reviews for your agency, offer a reward only for five-star reviews, or have staff and family post without disclosing the connection. Ask every client for an honest review in the same way. State insurance rules also treat testimonials as your own statements, so a misleading client quote is your problem, not theirs.

  [14] ftc.gov

• United Kingdom and Canada: where the rules differ

  In the UK, the FCA's ICOBS 2.2 requires communications, including financial promotions, to be clear, fair and not misleading, and marketing to be clearly identifiable as marketing. Its guidance says a cheapest-premium or cost-cutting claim should match what most responding customers get, unless the share who will is stated prominently. In Canada, conduct is regulated provincially. The CISRO Principles of Conduct for Insurance Intermediaries expect promotions to be clear, fair and not misleading, and conflicts of interest disclosed.

  What it means: A UK broker cannot run US-style 'save hundreds' ads without evidence that most customers achieve it. A Canadian agency or MGA answers to its provincial regulator, and the CISRO principles apply to internet distribution too. Use local compliance advice for any campaign outside the US.

  [15] handbook.fca.org.uk

This is general information, not legal or compliance advice. Insurance advertising law is set state by state, CMS rules change every contract year, and carriers add their own approval rules. Confirm every page, ad and lead form with your carrier's compliance team, your counsel and your own insurance department before publishing.