Attachment II: Living Trust Mills &
Pretext Interview Notice (Continued)
Pretext Interviews
The activities described in this Notice, both with regard to the pending litigation and general discussion, are actionable under Business and Professions Code sections 17200 and 17500. As indicated above, established violations can result in injunctive relief, restitution and both civil and criminal penalties. As well, such violations are administratively actionable under the provisions of the Insurance Information and Privacy Protection Act 2, and may result in orders to cease and desist, subsequent monetary penalties and the suspension or revocation of certificates of authority and production agent licenses.
Insurance Code section 791.03 provides that, "[n]o insurance institution, agent or insurance support organization 3 shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction." Insurance Code section 790.02(u) defines "Pretext Interview" as "an interview whereby a person, in an attempt to obtain information about a natural person, performs on or more of the following acts: (1) Pretends to be someone he or she is not; (2) pretends to represent a person he or she is not in fact representing; (3) misrepresents the true purpose of the interview; (4) refuses to identify himself or herself upon request."
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