Section 3. No insurance institution, insurance representative, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, that a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the commissioner, there is a reasonable basis for suspecting criminal activity, fraud or material misrepresentation in connection with the claim.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 175i - Insurance Information and Privacy Protection
Section 1 - Application of Chapter
Section 3 - Pretext Interviews; Use
Section 4 - Notice of Information Practices; Time; Contents; Abbreviated Notice
Section 5 - Questions to Obtain Marketing or Research Information; Disclosure
Section 6 - Disclosure Authorization Form; Contents
Section 7 - Investigative Consumer Report; Personal Interview; Prohibited Information
Section 8 - Recorded Personal Information; Medical Record Information; Disclosure; Fees
Section 9 - Correction, Amendment or Deletion of Personal Information
Section 12 - Adverse Underwriting Decision; Basis
Section 13 - Personal or Privileged Information From Insurance Transactions; Disclosure
Section 15 - Violations; Notice; Hearings; Service of Process
Section 16 - Agent for Service of Process
Section 17 - Findings; Orders to Cease and Desist; Reports
Section 18 - Penalties; Violations of Cease and Desist Orders
Section 19 - Judicial Review; Filing Deadline; Jurisdiction; Orders
Section 20 - Equitable Relief; Damages; Costs and Attorney's Fees; Limitation of Actions
Section 21 - Disclosure of Information; Immunity
Section 22 - Information Obtained by False Pretenses; Penalties