2006 Utah Code - 31A-36-112 — Advertising regulations.

     31A-36-112.   Advertising regulations.
     (1) (a) Each licensee under this chapter shall establish and continuously maintain a system of control over the content, form, and method of dissemination of all advertisements of its contracts and services.
     (b) Each advertisement is the responsibility of the licensee as well as the person that creates or presents it.
     (c) A system of control must include at least annual notification to persons authorized by the licensee that disseminate advertisements of the requirements and procedures for approval before use of any advertisements not furnished by the licensee.
     (2) An advertisement must be truthful and not misleading in fact or by implication, as determined by the commissioner from the overall impression it may reasonably be expected to create upon a person of average education or intelligence in the segment of the public to which it is directed.
     (3) False or misleading statements are not remedied by:
     (a) making a viatical settlement available for inspection before it is consummated; or
     (b) offering to refund payment if the viator is not satisfied within the period prescribed in Subsection 31A-36-109(7).

Enacted by Chapter 81, 2003 General Session