Iowa-based Trustage Insurance Agency has reached a settlement with New York State Attorney General Eric T. Schneiderman over allegations that it mailed solicitations for accidental death and dismemberment policies that appeared to come from New Yorkers' credit unions.
Trustage is a wholly owned subsidiary of CMFG Life Insurance Company, which markets a variety of insurance products to credit union members, including accidental death and dismemberment policies.
The settlement requires Trustage to make a number of changes to its solicitations based on concerns raised by the attorney general's office, and pay $75,000 in restitution, penalties, costs, and fees.
In a statement, the attorney general said that its office's investigation revealed that Trustage's accidental death and dismemberment policy solicitations mailed to consumers prominently featured the logo of consumers' credit unions and did not make clear that the solicitations were from Trustage. As alleged, the solicitations contained other features that, coupled with the credit union logos, may have caused consumers to sign, complete, and return the policy enrollment form without fully understanding that they were signing up for a policy and were agreeing to have premiums deducted automatically from their credit union savings or checking account. For example, the attorney general said, the solicitations featured prominent language advising consumers that their signature was requested on the enclosed "STATEMENT OF BENEFITS" and directed consumers to "SIGN and RETURN" in large red letters at the top of the page.
"New Yorkers have a basic right not to be misled by those seeking their business," said Attorney General Schneiderman. "This settlement ensures full restitution for impacted consumers, as well as key reforms to Trustage's business practices."
The settlement requires Trustage to make a number of reforms to its solicitations for insurance products, including:
- Prominently including its logo at the top of any solicitation.
- Clearly and conspicuously disclosing that the solicitation is for an insurance product offered by Trustage.
- Requiring consumers to supply the account number from which they are authorizing Trustage to deduct premiums.
Pursuant to the settlement, Trustage will pay $75,000 to be used for restitution to any consumers who were harmed by the solicitations and file complaints within the next six months. Any remaining funds will be retained as penalties, costs, and fees.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].