044-21 Wyo. Code R. §§ 21-9 - Testimonials or Endorsements by Third Parties

(a) Testimonials and endorsements used in advertisements shall be genuine, represent the current opinion of the author, applicable to the policy advertised, and accurately reproduced. In using a testimonial or endorsement, the insurer makes as its own all of the statements contained in it, and the advertisement, including the statement, is subject to all provisions of this regulation. When a testimonial or endorsement is used more than one year after originally given, a written confirmation to continue using the testimonial or endorsement must be obtained.

(b) A person shall be deemed a "spokesperson" if the person making the testimonial or endorsement:

(i) Has a financial interest in the insurer or a related entity as a stockholder, director, officer, employee, or otherwise;

(ii) Has been formed by the insurer or, is owned or controlled by the insurer, its employees, or the person or persons who own or control the insurer;

(iii) Is any person in a policy-making position affiliated with the insurer in any of the above described capacities; or

(iv) Is in any way directly or indirectly compensated for making a testimonial or endorsement.

(c) The fact of a financial interest or the proprietary or representative capacity of a spokesperson shall be disclosed in an advertisement in the introductory portion of the testimonial or endorsement. If a spokesperson is directly or indirectly compensated for making a testimonial or endorsement, the fact shall be disclosed in the advertisement by language substantially as follows: "Paid Endorsement" or words of similar import in a type style and size at least equal to that used for the spokesperson's name or the body of the testimonial or endorsement, whichever is larger. In the case of television or radio advertising, the required disclosure shall be in the introductory portion of the advertisement and shall be given prominence.

(d) The disclosure requirements shall not apply where the sole financial interest or compensation of a spokesperson for all testimonials or endorsements made on behalf of the insurer consists of payment of union scale wages required by union rules and if the payment is actually the scale for TV or radio performances.

(e) An advertisement shall not state or imply that an insurer or accident and sickness insurance policy has been approved or endorsed by any individual, group of individuals, society, association, or other organizations, unless that is the fact, and unless any proprietary relationship between an organization and the insurer is disclosed. An advertisement must disclose if the entity making the endorsement or testimonial has been formed by the insurer or is owned or controlled by the insurer or the person or persons who own or control the insurer. If the insurer or an officer of the insurer formed or controls the association, or holds any policy-making position in the association, that fact must be disclosed.

(f) When a testimonial refers to benefits received under an accident and sickness insurance policy, the specific claim data, including claim number, date of loss, and other pertinent information shall be retained by the insurer for inspection for a period of four (4) years or until the insurer files their next regular report of examination, whichever is the longer period of time. Use of testimonials that do not correctly reflect present practices of the insurer or that are not applicable to the policy or benefit being advertised is not permissible.

Notes

044-21 Wyo. Code R. §§ 21-9

Amended, Eff. 7/16/2019.