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Memoranda & FAQs

Antitrust 
Antitrust Policy & Guide - click here

CAN-SPAM Act of 2003

This law create a national standard to address the growing problem of commercial email, and into effect on January 1, 2004.  In addition, the Federal Trade Commission issued a Rule on December 16, 2004 that became effective February 18, 2005 defining the "primary purpose" of an electronic message.  IIABA produced an FAQ to explain key provisions of the law and how it effects insurance agency and brokerage members as well as state associations.
Members interested in reading about the legislative background and regulatory action plan can read a summary prepared by IIABA's Federal Government Affairs staff.

Class Action Fairness Act of 2005

On February 18, 2005, President Bush signed into law the Class Action Fairness Act of 2005 introducing significant changes to class action lawsuits.  This federal legislation will affect the prosecution and defense of complex litigation across the country and it attempts to level the playing field for lawyers, businesses, and consumers alike.  IIABA has prepared a summary of this legislation explaining key provisions of the law and how it affects insurance agency and brokerage members.  To read the summary, click here.

Class Action Notice Requirements for Settled Cases

This executive summary provides some basic information regarding the notice requirements when class action lawsuits settle or settlements are proposed.  To read the summary, click here.

COBRA

COBRA Premium Reduction Fact Sheet, click here.
COBRA Continuation Coverage Assistance Under the American Recovery and Reinvestment Act of 2009 from the U.S. Department of Labor, click here.
Premium Assistance for COBRA benefits, click here.

Do-Not-Call Rules

The Federal Communications Commission (FCC) published a Do-Not-Call (DNC) rule on July 25, 2003, amending its rules implementing the Telephone Consumer Protection Act of 1991. This rule impacts insurance agency and brokerage firms as well as trade associations. The rule addressed two broad categories of activities: (1) telemarketing; and (2) fax soliciations. This FAQ provides an overview of the rules governing telemarketing imposed by the FCC and the Federal Trade Commission (FTC). Click here

Emergency Economic Stabilization Act of 2008 Summary
 
- click here

Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, and the Drivers Privacy Protection Act

Overview of the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, and the Drivers Privacy Protection Act – click here.
  • Summary of Consumer Rights under the FCRA – Click here 
  • Notice to Furnishers of Consumer Reports of their Obligations under the FCRA – Click here
  • Notice to Users of Information of their Obligations under the FCRA – Click here

Family and Medical Leave Act of 1993

Click here to view the PDF.to view the PDF.

Flood Insurance Reform Act

The Flood Insurance Reform Act of 2004 made significant changes to the flood insurance programs administered by FEMA, including extending the National Flood Insurance Program until September 30, 2008, creating a mitigation program to minimize future costs and damage to properties that have suffered severe repetitive flood losses, and authoring FEMA to develop regulations that will institute the use of new forms, develop a new handbook on filing flood claims and create new education and training requirements for agents who sell flood insurance.  To read a summary of the Flood Insurance Reform Act and the changes that it makes, click here.  To read the entire text of the Flood Insurance Reform Act, click here.

Gramm-Leach-Bliley Act

Click here to view the PDF.

Guidelines on Carrier/Vendor Feedback for Agents & Brokers
 
- click here

HIPAA Breach Notification Rule

Click here to view the PDF.
The following article, which was prepared by the law firm Jones Day, provides an overview of the changes to HIPAA that stem from the American Recovery and Reinvestment Act of 2009, click here.
The following article, which was prepared by the law firm Shearman & Sterling LLP, provides an overview of the changes to HIPAA that stem from the American Recovery and Reinvestment Act of 2009, click here.
The following article, which was prepared by the law firm McKenna Long & Aldridge LLP, provides information and a checklist for Business Associates to comply with the changes to HIPAA that stem from the American Recovery and Reinvestment Act of 2009, click here.

Junk Fax Prevention Act of 2005

The Junk Fax Prevention Act of 2005 went into effect on July 9, 2005.  On April 5, 2006, the Federal Communications Commission enacted rules and regulations implementing the law.  IIABA has prepared an updated FAQ on the Junk Fax Prevention Act and its rules and regulations.  To read the FAQ, click here.  After Congress passed the Junk Fax Prevention Act of 2005 (JFPA), California passed its own junk fax law that required written permission from recipients before any faxes could be sent into, out of, or within California.  This state law would have restricted faxing permitted by federal law to those with whom there is an established business relationship.  On February 27, 2006, a federal court in California declared the California law to be unconstitutional as to faxes sent into or out of California from other places.  The court found that the JFPA preempts the California law for interstate faxes (that is faxes from outside California sent in or vice versa).  The court also found that the state could enact more restrictive provisions than are in the JFPA for intrastate faxes (that is faxes sent within the state of California), and to the extend that the California law governed intrastate faxes, those provisions were upheld.  The court did not rule on whether or not to grant the plaintiffs an injunction to prevent application of the state law due to uncertainty on whether the interstate and intrastate applications of the law could be treated separately under the law, and decided instead to hold off ruling until the parties had time to more fully brief the issue.  To view the decision, click here.

PATRIOT Act/OFAC

To read the FAQ on agent and broker responsibilities under the PATRIOT Act and regulations under the Office of Foreign Asset Control (OFAC), click here.

Pension Protection Act of 2006

To read an Executive Summary of the Pension Protection Act of 2006, click here.

Red Flag Rule

See Fair Credit Reporting Act (FCRA) above.

Sarbanes-Oxley

The SEC votes to postpone compliance with Sarbanes-Oxley filing requirements for smaller companies.  To read the summary, click here.  To read the Final Rule extending the compliance dates and detailing the proposed amendments,click here.

Terrorism Insurance Information

To read a memorandum prepared by Federal Government Affairs on the Terrorism Risk Insurance Extension Act of 2005 that was signed into law on December 22, 2005, click here.  To help agents and brokers understand the impact of the Terrorism Risk Insurance Act, IIABA has produced an in-depth summary that offers an overview of the law's major features.  Through the Big "I" Virtual University, IIABA also has compiled an extensive online collection of informational resources that help explain how the new law is being implemented.

Violent Crime Control and Law Enforcement Act

To read an overview of the Violent Crime Control and Law Enforcement Act of 1994, click here.