(a) It shall be unlawful for any insurance company or association transacting any health and accident or hospital or surgical insurance or prepaid hospital and surgical or health care plan in this state, in violation of a prior order or rule of the Insurance Commissioner directed to the company or association, to make, issue, circulate, or place before the public or to cause the making, issuing, circulation, or placing before the public in a newspaper, magazine, or other publication or in the form of a notice, brochure, circular, pamphlet, letter, or poster or by way of any radio or television station or in any other way or manner any advertisement, announcement, or statement with respect to the terms, benefits, premiums, or advantages of the policy or plan unless and until the advertisement, announcement, or statement has been filed with and approved by the commissioner, pursuant to the prior order or rule, as not being untrue, deceptive, or misleading in any respect.
(b)
(1) Any company or association violating the provisions of this section shall be guilty of a violation and upon a first conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for a second or subsequent conviction shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
(2) Each violation shall constitute a separate offense.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subchapter 3 - Miscellaneous Prohibited Practices
§ 23-66-301. Misrepresentation or false claims or proofs
§ 23-66-302. False representations
§ 23-66-303. Intimidation or coercion of business
§ 23-66-304. Fictitious groups
§ 23-66-305. Misrepresentations in application for insurance
§ 23-66-306. Misrepresentation of other policies
§ 23-66-307. Actions required to replace a life insurance policy or annuity — Rules — Penalties
§ 23-66-308. Rebates, discounts, abatements, etc
§ 23-66-309. Charge for substitution of policy
§ 23-66-310. Illegal dealing in premiums — Excess charges for insurance
§ 23-66-311. Business development compensation to life policyholders
§ 23-66-312. Favored agent or insurer — Coercion of debtors
§ 23-66-313. Overwriting contracts of life insurer
§ 23-66-314. Common ownership, management, and directors of insurance companies
§ 23-66-315. Confidential information
§ 23-66-316. Advertising by health and accident insurers and prepaid health plans
§ 23-66-318. Claims or loss histories — Provision for copies to named insureds
§ 23-66-319. Cancellation of insurance policies by third parties