Advertising Compliance

1.     Lifetime Withdrawal Benefits:  Some ads claim an annuity benefit provides an annual rate of return, e.g. “client earns 8%.”  Such a statement may lead the consumer to expect to earn that specific interest rate. 

As many of our clients know, we recommend that advertisements:

a.     Avoid words that could imply a consumer is “earning” or “making a return” and avoid the term “interest rate,” unless the product feature is described clearly. 

b.    Do not promote a specific percentage, as we consider this promissory; if a specific percentage is mentioned we recommend adding “up to” before the percentage.

c.     Use a realistic or typical value, so the ad is not misleading and does not advertise a specific product, which would require insurer review. 

d.    Include a disclosure which clearly explains how this value is determined.