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Can I use third-party advertising tools on my website in North Dakota? What are the requirements?
Here is the response to your query:
Use of Third-Party Advertising Tools on Your Website in North Dakota
Yes, you can use third-party advertising tools on your website in North Dakota. However, you must comply with certain requirements.
Advertising Requirements
According to NDAC Section 45-04-10-03, any advertisement must not be misleading or deceptive. The information required to be disclosed by this chapter may not be minimized, rendered obscure, or presented in an ambiguous fashion or intermingled with the text of the advertisement so as to be confusing or misleading. No advertisement may omit material information or use words, phrases, statements, references, or illustrations if such omission or such use has the capacity, tendency, or effect of misleading or deceiving purchasers or prospective purchasers as to the nature or extent of any policy benefit payable, loss covered, premium payable, or state or federal tax consequences.
Any advertisement must prominently describe the type of policy advertised. An advertisement may not make unfair or incomplete comparisons of policies, benefits, dividends, or rates of other insurers. An advertisement may not falsely or unfairly describe other insurers, their policies, services, or methods of marketing. Testimonials used in advertisements must be genuine; represent the current opinion of the author; be applicable to the policy advertised, if any; and be accurately reproduced.
Other Requirements
You must also comply with the outdoor advertising distance limitations outlined in NDCC Section 24-17-03. Additionally, you must maintain a complete file containing every printed, published, or prepared advertisement of your individual policies and typical printed, published, or prepared advertisements of your blanket, franchise, and group policies hereafter disseminated in this or any other state whether or not licensed in such state, with a notation attached to each such advertisement which shall indicate the manner and extent of distribution and the form number of any policy advertised, as outlined in NDAC Section 45-06-04-11. Finally, you must obtain a permit license tag as specified in NDAC Section 37-05-01-05 to erect and maintain a sign.
Conclusion
In summary, you can use third-party advertising tools on your website in North Dakota, but you must ensure that your advertisements are not misleading or deceptive. You must also comply with the advertising, outdoor advertising distance limitations, file maintenance, and permit license requirements outlined in NDAC Section 45-04-10-03, NDCC Section 24-17-03, NDAC Section 45-06-04-11, and NDAC Section 37-05-01-05, respectively.
Jurisdiction
North Dakota