Section 25.75 - Misleading AdvertisingIn determining whether any particular advertising matter violates the Insurance Code, Article 24.13, the relevant factors include general arrangement of copy and whether, from statements or representations made, there may be a reasonable inference or impression that such statements or representations are inaccurate, deceptive, or misleading.
(1) No advertisement may use phrases such as "lowest costs" or "quickest service" unless such phrases are in fact accurate with respect to the licensee's business.(2) No advertisement may state "new reduced rate" or "a new type of service" or any such similar comparative expression unless such statement is in fact accurate with respect to the business of the licensee so advertised and unless such advertisement clearly indicates that such new plan refers specifically to a change in the particular licensee's plan of operation. The change referred to must be of more than minor importance with respect to the business of the licensee. Any such advertisement may not be used for a period longer than 60 days after such plan has been put into effect.(3) An advertisement may not contain any statement or representation with reference to the ease of procuring insurance premium financing, the speed with which it may be effected, the freedom from credit inquiries addressed to particular sources of information, or to any other implied differentiation in policy or loan service, unless the licensee shall comply with the representation so made.(4) An advertisement may not contain offers to insureds for insurance premium financing in general unless, in general practice, the licensee actually makes a reasonable number of such loans within such limited time and upon the basis of such offer.(5) A licensee other than a lawfully chartered banking institution may not use the word "bank" or any derivative in any advertisement where its use might mislead the public to believe that the licensee is an authorized banking institution or is conducting a banking business.(6) Any advertisement which omits material facts shall be deemed deceptive or misleading.28 Tex. Admin. Code § 25.75
The provisions of this §25.75 adopted to be effective May 17, 1995, 20 TexReg 3337.