33-18-104. (Effective January 1, 2026) Health insurance lead generators -- scope and definitions. For the purposes of 33-18-101, 33-18-102, 33-18-201 through 33-18-206, 33-18-208, 33-18-209, 33-18-302, 33-18-303, and Title 33, chapter 18, part 10, the following terms apply:

(1) "Health insurance lead generator" means a person who utilizes a lead-generating device to:

(a) publicize the availability of what is or what purports to be a health insurance product or service that the person is not licensed to sell directly to a customer;

(b) identify a customer who may want to learn more about a health insurance product; or

(c) sell or transmit customer information to insurers or producers for follow-up contact and sales activity.

(2) "Lead-generating device" means any communication directed to the public that, regardless of form, content, or stated purpose, is intended to result in the compilation or qualification of a list containing names and other personal information to be used to solicit residents of the state for the purchase of what is or what purports to be a health insurance product or service.

(3) "Person" includes a health insurance lead generator.