Advertising

Advertising. A. The exemption contained in this Chapter shall not be available to any issuer who engages in false or misleading advertising in the sale or promotion of viatical settlement investment contracts. Furthermore, the Secretary of State shall revoke an exemption granted pursuant to this Chapter of the Rules if he determines that an issuer has engaged in false or misleading advertisement of viatical settlement investment contracts. B. False or misleading viatical settlement investment contracts advertisements include, but are not limited to, the following representations: 1. “Fully secured,” “100% secured,” “fully insured,” “secure,” “safe,” “backed by rated insurance company(s),” “backed by federal and/or state law,” or similar representations; 2. “No risk,” “minimal risk,” “low risk,” “no speculation,” “no fluctuation,” or similar representations; 3. “Guaranteed fixed return,” “annual return,” “principal,” “earnings,” “profits,” “investment,” or similar representations; 4. “No sales charges or fees,” or other similar representations; 5. “High yield,” “superior return,” “excellent return,” “high return,” “quick profit,” or similar representations 6. “Perfect investment,” “proven investment,” or similar representations; 7. Purported favorable representations or testimonials about the benefits of viaticals as an investment, taken out of context from newspapers, trade papers, journals, radio and television programs, and all other forms of print and electronic media.