---
title: O.C.G.A. § 33-38-21. References to the association in advertisements for insurance.
collection: code
id: 33-38-21
cite_as: O.C.G.A. § 33-38-21 (2025)
canonical_url: https://georgiacommons.org/code/33-38-21
md_url: https://georgiacommons.org/code/33-38-21.md
text_url: https://georgiacommons.org/code/33-38-21/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch23-65-(v25)-2020-pdf.pdf?sfvrsn=68297_0#page=820
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-38.md
previous: https://georgiacommons.org/code/33-38-20.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
---

# O.C.G.A. § 33-38-21. References to the association in advertisements for insurance.

(a) No person, including a member insurer or agent or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way, any advertisement, announcement, or statement which uses the existence of the association for the purposes of sales, solicitation, or inducement to purchase any form of insurance or other coverage covered by this chapter. This Code section shall not apply to the association or any other entity which does not sell or solicit insurance or coverage provided by a health maintenance organization or a health care corporation.

(b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following:

(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or

(2) Suspension or revocation of his or her license or certificate of authority.

## History

Code 1933, § 56-2216, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 12/HB 1050.

The 2020 amendment, effective July 1, 2020, in subsection (a), in the first sentence, substituted ‘‘a member insurer’’ for ‘‘an insurer’’ in two places and inserted ‘‘or other coverage’’, and added ‘‘or coverage provided by a health maintenance organization or a health care corporation’’ at the end of the last sentence.