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‘Tis the season for healthcare-related marketing and advertising. That’s right; it’s open enrollment time for the Health Insurance Marketplace, and it’s also almost the end of the plan year for Flexible Spending Accounts and Health Savings Accounts. If your business offers a health insurance plan or healthcare-related products, or creates ads for these products, you’re probably working overtime. Don’t take shortcuts or lose sight of marketing and advertising laws in the end-of-year push.

Today the FTC sent letters to businesses involved in the promotion of health insurance plans and healthcare-related products. These letters highlighted a miscellany of consumer complaints and warned recipients to conduct a comprehensive review of their marketing and advertising practices. If you didn’t get a letter, don’t assume your business is in the clear. Now’s the time to put your marketing and advertising through its annual checkup, with these tips in mind:

It’s illegal to lie. When it comes to healthcare-related products and insurance plans, people need clear, truthful information to make these important purchasing decisions. Misrepresenting key facts like your product’s cost, benefits, or the coverage it provides hurts your customers, your reputation, and honest competitors who play by the rules. The Commission’s website has important information on how you can tell if your advertisement is likely to mislead people.

Know the telemarketing rules. If you’re selling a plan or product over the phone, the Telemarketing Sales Rule may apply. The FTC’s letters list three illegal practices your business should never employ, including: using pre-recorded messages, or “robocalls” to get people to buy your products, charging people for products without their consent, and calling people whose phone numbers appear on the National Do Not Call Registry. If you’re doing any of these things, stop immediately. And check out Complying with the Telemarketing Sales Rule for more guidance.

No imposter scams. This year, people have reported losing more than $2 billion to impersonation scams. We’re talking about scammers who pretend to be affiliated with well-known business or government agencies and demand people’s money or personal information. If you falsely claim you’re a provider of government-sponsored health insurance policies, or lie about your association with or endorsement by a government agency or insurance carrier, you could violate the FTC’s . And, if that happens, it may cost you. A full range of potential remedies are on the table, including civil penalties and redress to everyone you misled. Read our blog on the Rule for details.

The FTC is watching this space. The FTC’s letters couldn’t be clearer. The agency is monitoring for potentially deceptive or unfair acts or practices related to healthcare insurance and healthcare-related products and will take follow-up action as necessary. Don’t be the next target. And if you know of a business that isn’t playing by the rules, let us know at .