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Memoranda & FAQs

Affordable Care Act
Sample Privacy Notice Statement 

Americans with Disabilities Act
FAQ Regarding Website Compliance with the American with Disabilities Act
IIABA Letter to The Portell Law Group regarding website accessibility demand letters

Antitrust Policy & Guide

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. Read the summary 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.  Read the summary here.

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

Cybersecurity Regulations
This memorandum to Big "I" State Associations provides information about the New York DFS cybersecurity regulation provisions that address third-party service providers of companies licensed in New York.  Read the memorandum here.

Data Breach Notification LawsSummary by State
Reprinted with the permission of the Mintz Levin law firm.

Defend Trade Secrets Act of 2016
DTSA Sample Whistleblower Provision

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 solicitations. This FAQ provides an overview of the rules governing telemarketing imposed by the FCC and the Federal Trade Commission (FTC).

Electronic Delivery
Procedure for Electronic Delivery of Insurance Documents Pursuant to the Federal eSIGN Act and sample electronic delivery consent form.

Emergency Economic Stabilization Act of 2008 Summary

Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), and the Drivers Privacy Protectio
n Act (DPPA).
Overview of the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, and the Drivers Privacy Protection Act
Summary of Consumer Rights under the FCRA 
Notice to Furnishers of Consumer Reports of their Obligations under the FCRA
Notice to Users of Information of their Obligations under the FCRA 

Fair Labor Standards Act (FLSA) 
FAQ on Overtime Rule and Fair Labor Standards Act. View the PDF. 
Worker classification information:  See "Worker Classification:  Employee vs. Independent Contractor" below.

Family and Medical Leave Act of 1993 (FMLA)
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.  Read a summary of the Flood Insurance Reform Act and the changes that it makes.  Read the entire text of the Flood Insurance Reform Act.

Foreign Account Tax Compliance Act (FATCA)
Frequently Asked Questions

Gramm-Leach-Bliley Act (GLBA)
View the PDF

Guidelines on Carrier/Vendor Feedback for Agents & Brokers
Download here 

HIPAA Breach Notification Rule
View the PDF
This 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.
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.
This 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.

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. 

Read the FAQ on agent and broker responsibilities under the PATRIOT Act and regulations under the Office of Foreign Asset Control (OFAC).

Pension Protection Act of 2006
Read an Executive Summary of the Pension Protection Act of 2006

Privacy Compliance Memo & Sample Website Privacy Policy Notice
Read the PDF

Red Flag Rule
See Fair Credit Reporting Act (FCRA) above.

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

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.  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.

Texting with Clients -- Requirements Under the Telephone Consumer Protection Act ("TCPA")
This includes a downloadable, brandable agency-customer Text Messaging Terms & Conditions template.  View the PDF     View the Word document 

Violent Crime Control and Law Enforcement Act
To read an overview of the Violent Crime Control and Law Enforcement Act.

Worker Classification:  Employee vs. Independent Contractor
View the PDF
For more information about worker classification, visit the DOL website.

Title III of the Americans with Disabilities Act of 1990 (ADA) requires any private entity that owns, leases or operates a “place of public accommodation” to provide accessibility for disabled individuals. Although the ADA does not expressly address the internet, which barely existed at the time of its enactment, most courts have recognized that its protections apply to websites. In 2018 alone, plaintiffs filed more than a thousand ADA website accessibility lawsuits against a variety of businesses.