The Florida Senate

¹497.445  Unfair methods of competition and unfair or deceptive acts or practices defined.--Unfair methods of competition and unfair or deceptive acts or practices are defined as the following:

(1)  MISREPRESENTATION AND FALSE ADVERTISING OF PRENEED CONTRACT.--Knowingly making, issuing, or circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, statement, sales presentation, omission, or comparison which:

(a)  Misrepresents the benefits, advantages, conditions, or terms of any preneed contract.

(b)  Is misleading, or is a misrepresentation as to the financial condition of any person.

(c)  Uses any name or title of any preneed contract misrepresenting the true nature thereof.

(d)  Is a misrepresentation for the purpose of inducing, or tending to induce, the lapse, forfeiture, exchange, conversion, or surrender of any preneed contract.

(2)  FALSE INFORMATION AND ADVERTISING GENERALLY.--Knowingly making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public:

(a)  In a newspaper, magazine, or other publication;

(b)  In the form of a notice, circular, pamphlet, letter, or poster;

(c)  Over any radio or television station; or

(d)  In any other way;

an advertisement, announcement, or statement containing any assertion, representation, or statement which is untrue, deceptive, or misleading with respect to any preneed contract.

(3)  DEFAMATION.--Knowingly making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of, any oral or written statement, or any pamphlet, circular, article, or literature, which is false or maliciously critical of, or derogatory to, any person and which is calculated to injure such person.

(4)  FALSE STATEMENTS AND ENTRIES.--Knowingly:

(a)  Filing any false statement with any supervisory or other public official;

(b)  Making, publishing, disseminating, or circulating any false statement;

(c)  Delivering any false statement to any person;

(d)  Placing any false statement before the public;

(e)  Causing, directly or indirectly, any false statement to be made, published, disseminated, circulated, delivered to any person, or placed before the public; or

(f)  Making any false entry of a material fact in any book, report, or statement of any person.

(5)  UNFAIR CLAIM SETTLEMENT PRACTICES.--

(a)  Attempting to settle a claim on the basis of a material document which was altered without notice to, or without the knowledge or consent of, the contract purchaser or his or her representative or legal guardian.

(b)  Making a material misrepresentation to a contract purchaser or his or her representative or legal guardian for the purpose and with the intent of effecting settlement of a claim or loss under a prepaid contract on less favorable terms than those provided in, and contemplated by, the prepaid contract; or

(c)  Committing or performing with such frequency as to indicate a general business practice any of the following acts:

1.  Failing to adopt and implement standards for the proper investigation of claims;

2.  Misrepresenting pertinent facts or prepaid contract provisions relating to issues on coverage of funeral merchandise or services or burial merchandise or services;

3.  Failing to acknowledge and act promptly upon communications with respect to claims;

4.  Denying claims without conducting reasonable investigations based upon available information;

5.  Failing to affirm or deny coverage of a claim upon written request of a contract purchaser or his or her representative or legal guardian within a reasonable time; or

6.  Failing to provide promptly a reasonable explanation to a contract purchaser or his or her representative or legal guardian of the basis, in the prepaid contract in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement.

(6)  FAILURE TO MAINTAIN PROCEDURES FOR HANDLING COMPLAINTS.--Failing to maintain a complete record of every complaint received since the date of the last examination. For purposes of this subsection, the term "complaint" means any written communication primarily expressing a grievance.

(7)  DISCRIMINATORY REFUSAL TO ISSUE A CONTRACT.--Refusing to issue a contract solely because of an individual's race, color, creed, marital status, sex, or national origin.

History.--ss. 23, 32, ch. 83-316; ss. 110, 122, ch. 93-399; s. 568, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

Note.--Former s. 639.23.