False information, advertising.

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No person shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, any advertisement, announcement or statement containing any assertion, representation or statement with respect to any business subject to the superintendent's supervision under the Insurance Code, or with respect to any person in the conduct of such business, which is untrue, deceptive or misleading.

History: Laws 1984, ch. 127, § 273.

ANNOTATIONS

Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.

Disclosures related to modal premium charges. — Under both the Unfair Practices Act and the Unfair Insurance Practices Act, an insurer may have a duty to disclose information about "finance charges" and "APR" rates when insureds pay modal premium charges, depending on the materiality of the facts. Azar v. Prudential Ins. Co., 2003-NMCA-062, 133 N.M. 669, 68 P.3d 909, cert. denied, 133 N.M. 539, 65 P.3d 1094.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for false obituary or news report of death, 85 A.L.R.4th 813.


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