Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 51 of 62 PagelD 133 Federal Trade Commission §310.4 charged using the account number pur- to cause a telemarketer to engage in, suant to paragraph (a)(7)(i)(A) of this the following conduct: section; and, (i) Causing any telephone to ring, or (C) Make and maintain an audio re- engaging any person in telephone con- cording of the entire telemarketing versation, repeatedly or continuously transaction. with intent to annoy, abuse, or harass any person at the called number; (ii) In any other telemarketing trans- action involving preacquired account (ii) Denying or interfering in any information not described in paragraph way, directly or indirectly, with a per- (a)(7)(i) of this section, the seller or son's right to be placed on any registry telemarketer must: of names and/or telephone numbers of persons who do not wish to receive out- (A) At a minimum, identify the ac- bound telephone calls established to count to be charged with sufficient comply with paragraph (b)(l)(iii)(A) of specificity for the customer or donor to this section, including, but not limited understand what account will be to, harassing any person who makes charged; and such a request; hanging up on that per- son; failing to honor the request; re- (B) Obtain from the customer or quiring the person to listen to a sales donor his or her express agreement to pitch before accepting the request; as- be charged for the goods or services sessing a charge or fee for honoring the and to be charged using the account request; requiring a person to call a number identified pursuant to para- different number to submit the re- graph (a)(7)(ii)(A) of this section; quest; and requiring the person to iden- tify the seller making the call or on (8) Failing to transmit or cause to be whose behalf the call is made; transmitted the telephone number, and, when made available by the tele- (iii) Initiating any outbound tele- marketer's carrier, the name of the phone call to a person when: telemarketer, to any caller identifica- tion service in use by a recipient of a (A) That person previously has stated telemarketing call; provided that it that he or she does not wish to receive shall not be a violation to substitute an outbound telephone call made by or (for the name and phone number used on behalf of the seller whose goods or in, or billed for, making the call) the services are being offered or made on name of the seller or charitable organi- behalf of the charitable organization zation on behalf of which a tele- for which a charitable contribution is marketing call is placed, and the sell- being solicited; or er's or charitable organization's cus- tomer or donor service telephone num- (B) That person's telephone number ber, which is answered during regular is on the \" do-not-call\" registry, main- business hours; tained by the Commission, of persons who do not wish to receive outbound (9) Creating or causing to be created, telephone calls to induce the purchase directly or indirectly, a remotely cre- of goods or services unless the seller or ated payment order as payment for telemarketer: goods or services offered or sold through telemarketing or as a chari- (1) Can demonstrate that the seller table contribution solicited or sought has obtained the express agreement, in through telemarketing; or writing, of such person to place calls to that person. Such written agreement (10) Accepting from a customer or shall clearly evidence such person's au- donor, directly or indirectly, a cash-to- thorization that calls made by or on cash money transfer or cash reload behalf of a specific party may be placed mechanism as payment for goods or to that person, and shall include the services offered or sold through tele- telephone number to which the calls marketing or as a charitable contribu- may be placed and the signature 664 of tion solicited or sought through tele- that person; or marketing. 664 For purposes of this Rule, the term (b) Pattern of calls. (1) It is an abusive \"signature\" shall include an electronic or telemarketing act or practice and a digital form of signature, to the extent that violation of this Rule for a tele- such form of signature is recognized as a marketer to engage in, or for a seller Continued 393 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 52 of 62 PagelD 134 §310.4 16 CFR Ch. I (1-1-21 Edition) (2) Can demonstrate that the seller (ii) Within two (2) seconds after the has an established business relation- completed greeting of the person ship with such person, and that person called, plays a prerecorded message has not stated that he or she does not that promptly provides the disclosures wish to receive outbound telephone required by §310.4(d) or (e), followed calls under paragraph (b)(l)(iii)(A) of immediately by a disclosure of one or both of the following: this section; or (iv) Abandoning any outbound tele- (A) In the case of a call that could be answered in person by a consumer, that phone call. An outbound telephone call the person called can use an automated is \"abandoned\" under this section if a interactive voice and/or keypress-acti- person answers it and the telemarketer vated opt-out mechanism to assert a does not connect the call to a sales rep- Do Not Call request pursuant to resentative within two (2) seconds of §310.4(b)(l)(iii)(A) at any time during the person's completed greeting. the message. The mechanism must: (v) Initiating any outbound telephone (1) Automatically add the number call that delivers a prerecorded mes- called to the seller's entity-specific Do sage, other than a prerecorded message Not Call list; permitted for compliance with the call abandonment safe harbor in (2) Once invoked, immediately dis- §310.4(b)(4)(iii), unless: connect the call; and (A) In any such call to induce the (3) Be available for use at any time purchase of any good or service, the during the message; and seller has obtained from the recipient of the call an express agreement, in (B) In the case of a call that could be writing, that: answered by an answering machine or voicemail service, that the person (i) The seller obtained only after a called can use a toll-free telephone clear and conspicuous disclosure that number to assert a Do Not Call request the purpose of the agreement is to au- pursuant to §310.4(b)(l)(iii)(A). The thorize the seller to place prerecorded number provided must connect directly calls to such person; to an automated interactive voice or keypress-activated opt-out mechanism (ii) The seller obtained without re- that: quiring, directly or indirectly, that the agreement be executed as a condition (1) Automatically adds the number of purchasing any good or service; called to the seller's entity-specific Do Not Call list; (iii) Evidences the willingness of the recipient of the call to receive calls (2) Immediately thereafter dis- that deliver prerecorded messages by connects the call; and or on behalf of a specific seller; and (3) Is accessible at any time through- (iv) Includes such person's telephone out the duration of the telemarketing number and signature;665 and campaign; and (B) In any such call to induce the (iii) Complies with all other require- purchase of any good or service, or to ments of this part and other applicable induce a charitable contribution from a member of, or previous donor to, a non- federal and state laws. profit charitable organization on whose (C) Any call that complies with all behalf the call is made, the seller or telemarketer: applicable requirements of this para- graph (v) shall not be deemed to violate (i) Allows the telephone to ring for at §310.4(b)(l)(iv) of this part. least fifteen (15) seconds or four (4) rings before disconnecting an unan- (D) This paragraph (v) shall not apply swered call; and to any outbound telephone call that de- livers a prerecorded healthcare mes- valid signature under applicable federal law sage made by, or on behalf of, a covered entity or its business associate, as or state contract law. 665 For purposes of this Rule, the term those terms are defined in the HIPAA Privacy Rule, 45 CFR 160.103. \"signature\" shall include an electronic or digital form of signature, to the extent that (2) It is an abusive telemarketing act such form of signature is recognized as a or practice and a violation of this Rule valid signature under applicable federal law for any person to sell, rent, lease, pur- chase, or use any list established to or state contract law. comply with §310.4(b)(l)(iii)(A), or 394 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 53 of 62 PagelD 135 Federal Trade Commission §310.4 maintained by the Commission pursu- day period or portion thereof that the ant to §310.4(b)(l)(iii)(B), for any pur- campaign continues. pose except compliance with the provi- (ii) The seller or telemarketer, for sions of this Rule or otherwise to pre- each telemarketing call placed, allows vent telephone calls to telephone num- the telephone to ring for at least fif- bers on such lists. teen (15) seconds or four (4) rings before disconnecting an unanswered call; (3) A seller or telemarketer will not be liable for violating §310.4(b)(l)(ii) (iii) Whenever a sales representative and (iii) if it can demonstrate that, as is not available to speak with the per- part of the seller's or telemarketer's son answering the call within two (2) routine business practice: seconds after the person's completed greeting, the seller or telemarketer (i) It has established and imple- promptly plays a recorded message mented written procedures to comply that states the name and telephone with §310.4(b)(l)(ii) and (iii); number of the seller on whose behalf the call was placed666; and (ii) It has trained its personnel, and any entity assisting in its compliance, (iv) The seller or telemarketer, in ac- in the procedures established pursuant cordance with §310.5(b)-(d), retains to §310.4(b)(3)(i); records establishing compliance with §310.4(b)(4)(i)-(iii). (iii) The seller, or a telemarketer or another person acting on behalf of the (c) Calling time restrictions. Without seller or charitable organization, has the prior consent of a person, it is an maintained and recorded a list of tele- abusive telemarketing act or practice phone numbers the seller or charitable and a violation of this Rule for a tele- organization may not contact, in com- marketer to engage in outbound tele- pliance with §310.4(b)(l)(iii)(A); phone calls to a person's residence at any time other than between 8:00 a.m. (iv) The seller or a telemarketer uses and 9:00 p.m. local time at the called a process to prevent telemarketing to person's location. any telephone number on any list es- tablished pursuant to §310.4(b)(3)(iii) or (d) Required oral disclosures in the sale 310.4(b)(l)(iii)(B), employing a version of goods or services. It is an abusive tele- of the \" do-not-call\" registry obtained marketing act or practice and a viola- from the Commission no more than tion of this Rule for a telemarketer in thirty-one (31) days prior to the date an outbound telephone call or internal any call is made, and maintains or external upsell to induce the pur- records documenting this process; chase of goods or services to fail to dis- close truthfully, promptly, and in a (v) The seller or a telemarketer or clear and conspicuous manner to the another person acting on behalf of the person receiving the call, the following seller or charitable organization, mon- information: itors and enforces compliance with the procedures established pursuant to (1) The identity of the seller; §310.4(b)(3)(i); and (2) That the purpose of the call is to sell goods or services; (vi) Any subsequent call otherwise (3) The nature of the goods or serv- violating paragraph (b)(l)(ii) or (iii) of ices; and (4) That no purchase or payment is this section is the result of error and necessary to be able to win a prize or not of failure to obtain any informa- participate in a prize promotion if a tion necessary to comply with a re- prize promotion is offered and that any quest pursuant to paragraph purchase or payment will not increase (b)(l)(iii)(A) of this section not to re- the person's chances of winning. This ceive further calls by or on behalf of a disclosure must be made before or in seller or charitable organization. conjunction with the description of the prize to the person called. If requested (4) A seller or telemarketer will not be liable for violating §310.4(b)(l)(iv) if: 666 This provision does not affect any sell- er's or telemarketer's obligation to comply (i) The seller or telemarketer em- with relevant state and federal laws, includ- ploys technology that ensures aban- ing but not limited to the TCPA, 47 U .S.C . donment of no more than three (3) per- 227, and 47 CFR part 64.1200. cent of all calls answered by a person, measured over the duration of a single calling campaign, if less than 30 days, or separately over each successive 30- 395 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 54 of 62 PagelD 136 §310.5 16 CFR Ch. I (1-1-21 Edition) by that person, the telemarketer must telephone number, and the job title(s) disclose the no-purchase/no-payment for all current and former employees entry method for the prize promotion; directly involved in telephone sales or provided, however, that, in any inter- solicitations; provided, however, that if nal upsell for the sale of goods or serv- the seller or telemarketer permits fic- ices, the seller or telemarketer must titious names to be used by employees, provide the disclosures listed in this each fictitious name must be traceable section only to the extent that the in- to only one specific employee; and formation in the upsell differs from the disclosures provided in the initial tele- (5) All verifiable authorizations or marketing transaction. records of express informed consent or express agreement required to be pro- (e) Required oral disclosures in chari- vided or received under this Rule. table solicitations. It is an abusive tele- marketing act or practice and a viola- (b) A seller or telemarketer may tion of this Rule for a telemarketer, in keep the records required by §310.5(a) an outbound telephone call to induce a in any form, and in the same manner, charitable contribution, to fail to dis- format, or place as they keep such close truthfully, promptly, and in a records in the ordinary course of busi- clear and conspicuous manner to the ness. Failure to keep all records re- person receiving the call, the following quired by §310.5(a) shall be a violation information: of this Rule. (1) The identity of the charitable or- (c) The seller and the telemarketer ganization on behalf of which the re- calling on behalf of the seller may, by quest is being made; and written agreement, allocate responsi- bility between themselves for the rec- (2) That the purpose of the call is to ordkeeping required by this Section. solicit a charitable contribution. When a seller and telemarketer have entered into such an agreement, the [75 FR 48516, Aug. 10, 2010, as amended at 76 terms of that agreement shall govern, FR 58716, Sept. 22, 2011; 80 FR 77559, Dec. 14, and the seller or telemarketer, as the 2015] case may be, need not keep records that duplicate those of the other. If the § 310.5 Recordkeeping requirements. agreement is unclear as to who must maintain any required record(s), or if (a) Any seller or telemarketer shall no such agreement exists, the seller keep, for a period of 24 months from shall be responsible for complying with the date the record is produced, the fol- §§ 310.5(a)(l)-(3) and (5); the tele- lowing records relating to its tele- marketer shall be responsible for com- marketing activities: plying with §310.5(a)(4). (1) All substantially different adver- (d) In the event of any dissolution or tising, brochures, telemarketing termination of the seller's or tele- scripts, and promotional materials; marketer's business, the principal of that seller or telemarketer shall main- (2) The name and last known address tain all records as required under this of each prize recipient and the prize section. In the event of any sale, as- awarded for prizes that are rep- signment, or other change in ownership resented, directly or by implication, to of the seller's or telemarketer's busi- have a value of $25.00 or more; ness, the successor business shall main- tain all records required under this sec- (3) The name and last known address tion. of each customer, the goods or services purchased, the date such goods or serv- § 310.6 Exemptions. ices were shipped or provided, and the amount paid by the customer for the (a) Solicitations to induce charitable goods or services;ss7 contributions via outbound telephone calls are not covered by (4) The name, any fictitious name §310.4(b)(l)(iii)(B) of this Rule. used, the last known home address and (b) The following acts or practices 667 For offers of consumer credit products are exempt from this Rule: subject to the Truth in Lending Act, 15 U .S .C. 1601 et seq., and Regulation Z, 12 CFR 226, compliance with the recordkeeping re- quirements under the Truth in Lending Act, and Regulation Z, shall constitute compli- ance with §310.5(a)(3) of this Rule. 396 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 55 of 62 PagelD 137 Federal Trade Commission §310.7 (1) The sale of pay-per-call services (iii) Any instances of upselling in- subject to the Commission's Rule enti- cluded in such telephone calls; tled \"Trade Regulation Rule Pursuant to the Telephone Disclosure and Dis- (6) Telephone calls initiated by a cus- pute Resolution Act of 1992,\" 16 CFR tomer or donor in response to a direct part 308, provided, however, that this mail solicitation, including solicita- exemption does not apply to the re- tions via the U.S. Postal Service, fac- quirements of §§ 310.4(a)(l), (a)(7), (b), simile transmission, electronic mail, and (c); and other similar methods of delivery in which a solicitation is directed to (2) The sale of franchises subject to specific address(es) or person(s), that the Commission's Rule entitled \"Dis- clearly, conspicuously, and truthfully closure Requirements and Prohibitions discloses all material information list- Concerning Franchising,\" (\"Franchise ed in §310.3(a)(l), for any goods or serv- Rule\") 16 CFR part 436, and the sale of ices offered in the direct mail solicita- business opportunities subject to the tion, and that contains no material Commission's Rule entitled \"Disclo- misrepresentation regarding any item sure Requirements and Prohibitions contained in §310.3(d) for any requested Concerning Business Opportunities,\" charitable contribution; provided, how- (\"Business Opportunity Rule\") 16 CFR ever, that this exemption does not part 437, provided, however, that this apply to: exemption does not apply to the re- quirements of §§ 310.4(a)(l), (a)(7), (b), (i) Calls initiated by a customer in and (c); response to a direct mail solicitation relating to prize promotions, invest- (3) Telephone calls in which the sale ment opportunities, debt relief serv- of goods or services or charitable solic- ices, business opportunities other than itation is not completed, and payment business arrangements covered by the or authorization of payment is not re- Franchise Rule or Business Oppor- quired, until after a face-to-face sales tunity Rule, or goods or services de- or donation presentation by the seller scribed in §310.3(a)(l)(vi) or §310.4(a)(2) or charitable organization, provided, through (4); however, that this exemption does not apply to the requirements of (ii) The requirements of §310.4(a)(9) §§310.4(a)(l), (a)(7), (b), and (c); or (10); or (4) Telephone calls initiated by a cus- (iii) Any instances of upselling in- cluded in such telephone calls; and tomer or donor that are not the result of any solicitation by a seller, chari- (7) Telephone calls between a tele- table organization, or telemarketer, marketer and any business to induce provided, however, that this exemption the purchase of goods or services or a does not apply to any instances of charitable contribution by the busi- upselling included in such telephone ness, except calls to induce the retail calls; sale of nondurable office or cleaning supplies; provided, however, that (5) Telephone calls initiated by a cus- §§310.4(b)(l)(iii)(B) and 310.5 shall not tomer or donor in response to an adver- apply to sellers or telemarketers of tisement through any medium, other nondurable office or cleaning supplies. than direct mail solicitation, provided, however, that this exemption does not [75 FR 48516, Aug. 10, 2010, as amended at 80 apply to: FR 77559, Dec. 14, 2015] (i) Calls initiated by a customer or §310.7 Actions by states and private donor in response to an advertisement persons. relating to investment opportunities, debt relief services, business opportuni- (a) Any attorney general or other of- ties other than business arrangements ficer of a state authorized by the state covered by the Franchise Rule or Busi- to bring an action under the Tele- ness Opportunity Rule, or advertise- marketing and Consumer Fraud and ments involving offers for goods or Abuse Prevention Act, and any private services described in §310.3(a)(l)(vi) or person who brings an action under that §310.4(a)(2) through (4); Act, shall serve written notice of its action on the Commission, if feasible, (ii) The requirements of §310.4(a)(9) prior to its initiating an action under or (10); or this Rule. The notice shall be sent to 397 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 56 of 62 PagelD 138 §310.8 16 CFR Ch. I (1-1-21 Edition) the Office of the Director, Bureau of Not Call Registry for any other pur- Consumer Protection, Federal Trade pose. Commission, Washington, DC 20580, and shall include a copy of the state's or (c) The annual fee, which must be private person's complaint and any paid by any person prior to obtaining other pleadings to be filed with the court. If prior notice is not feasible, access to the National Do Not Call the state or private person shall serve Registry, is $66 for each area code of the Commission with the required no- data accessed, up to a maximum of tice immediately upon instituting its $18,044; provided, however, that there action. shall be no charge to any person for ac- cessing the first five area codes of data, (b) Nothing contained in this Section and provided further, that there shall be shall prohibit any attorney general or no charge to any person engaging in or other authorized state official from causing others to engage in outbound proceeding in state court on the basis telephone calls to consumers and who of an alleged violation of any civil or is accessing area codes of data in the criminal statute of such state. National Do Not Call Registry if the person is permitted to access, but is § 310.8 Fee for access to the National not required to access, the National Do Do Not Call Registry. Not Call Registry under this Rule, 47 CFR 64.1200, or any other Federal regu- (a) It is a violation of this Rule for lation or law. No person may partici- any seller to initiate, or cause any pate in any arrangement to share the telemarketer to initiate, an outbound cost of accessing the National Do Not telephone call to any person whose Call Registry, including any arrange- telephone number is within a given ment with any telemarketer or service area code unless such seller, either di- provider to divide the costs to access rectly or through another person, first the registry among various clients of has paid the annual fee, required by that telemarketer or service provider. §310.B(c), for access to telephone num- bers within that area code that are in- (d) Each person who pays, either di- cluded in the National Do Not Call rectly or through another person, the Registry maintained by the Commis- annual fee set forth in paragraph (c) of sion under §310.4(b)(l)(iii)(B); provided, this section, each person excepted however, that such payment is not nec- under paragraph (c) from paying the essary if the seller initiates, or causes annual fee, and each person excepted a telemarketer to initiate, calls solely from paying an annual fee under to persons pursuant to §310.4(b)(l)(iii)(B), will be provided a §§310.4(b)(l)(iii)(B)(i) or (ii), and the unique account number that will allow seller does not access the National Do that person to access the registry data Not Call Registry for any other pur- for the selected area codes at any time pose. for the twelve month period beginning on the first day of the month in which (b) It is a violation of this Rule for the person paid the fee (\" the annual pe- any telemarketer, on behalf of any sell- riod\"). To obtain access to additional er, to initiate an outbound telephone area codes of data during the first six call to any person whose telephone months of the annual period, each per- number is within a given area code un- son required to pay the fee under para- less that seller, either directly or graph (c) of this section must first pay through another person, first has paid $66 for each additional area code of the annual fee, required by §310.B(c), data not initially selected. To obtain for access to the telephone numbers access to additional area codes of data within that area code that are included during the second six months of the an- in the National Do Not Call Registry; nual period, each person required to provided, however, that such payment pay the fee under paragraph (c) of this is not necessary if the seller initiates, section must first pay $33 for each ad- or causes a telemarketer to initiate, ditional area code of data not initially calls solely to persons pursuant to selected. The payment of the addi- §§310.4(b)(l)(iii)(B)(i) or (ii), and the tional fee will permit the person to ac- seller does not access the National Do cess the additional area codes of data for the remainder of the annual period. 398 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 57 of 62 PagelD 139 Federal Trade Commission §311.3 (e) Access to the National Do Not Call Registry is limited to tele- marketers, sellers, others engaged in or causing others to engage in telephone calls to consumers, service providers acting on behalf of such persons, and any government agency that has law enforcement authority. Prior to access- ing the National Do Not Call Registry, a person must provide the identifying information required by the operator of the registry to collect the fee, and must certify, under penalty of law, that the person is accessing the reg- istry solely to comply with the provi- sions of this Rule or to otherwise pre- vent telephone calls to telephone num- bers on the registry. If the person is ac- cessing the registry on behalf of sell- ers, that person also must identify each of the sellers on whose behalf it is accessing the registry, must provide each seller's unique account number for access to the national registry, and must certify, under penalty of law, that the sellers will be using the infor- mation gathered from the registry solely to comply with the provisions of this Rule or otherwise to prevent tele- phone calls to telephone numbers on the registry. [75 FR 48516, Aug. 10, 2010; 75 FR 51934, Aug. 24, 2010, as amended at 77 FR 51697, Aug. 27, 2012; 78 FR 53643, Aug. 30, 2013; 79 FR 51478, Aug. 29, 2014; 80 FR 77560, Dec. 14, 2016; 81 FR 59845, Aug. 31, 2016; 82 FR 39534, Aug . 21, 2017; 83 FR 46640, Sept. 14, 2018; 84 FR 44687, Aug. 27, 2019; 85 FR 62597, Oct. 5, 2020] § 310.9 Severability. The provisions of this Rule are sepa- rate and severable from one another. If any provision is stayed or determined to be invalid, it is the Commission's in- tention that the remaining provisions shall continue in effect. 399 APPENDIX A
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 58 of 62 PagelD 140 NOTICE TO BENEFYTT CUSTOMERS FROM: [email protected] EMAIL SUBJECT LINE: Settlement of Federal Trade Commission Lawsuit against Benefytt. Decision required. EMAIL PREVIEW TEXT: You have the opportunity to enroll in the Health Insurance Marketplace® because of this settlement. TEXT: Dear [customer's full name]: Our records show you're paying for [name at least one Benefytt product the consumer will recognize, followed by \"and other products\" wherever applicable, which you bought from [name of Benefytt company/affiliate the consumer will recognize]. You were billed for these products by Benefytt or MyBenefitsKeeper, which is a name used by Benefytt. The Federal Trade Commission (FTC), the nation's consumer protection agency, sued us, claiming that we deceived our customers, and we agreed to settle the lawsuit. The lawsuit says that many of the healthcare products we sell don't cover people's medical needs, and that we've charged consumers for things they didn't agree to buy. That means: • You may have to pay almost all your medical bills if you get sick or have to go to the hospital. • You may be paying for products you didn't agree to buy. You are making monthly payments for the following products: [Insert chart tailored to each customer, starting with short-term and/or limited medical plan, with corresponding charge, frequency, and duration for each product, as shown in the following example: Product: $119.12 $40.00 J $67.40 $19.99 $19.99 month nthly : $266.50 APPENDIXB
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 59 of 62 PagelD 141 Can I cancel the products I'm paying for? Yes. Visit Here [hyperlink] or call 855-476-6009 as soon as possible to cancel your coverage. You can cancel some or all of the products you have. We'll cancel your coverage and stop billing you immediately. Ifyou select this option, your coverage will end the same day. If your last monthly payment was before [date of order entry], we will partially refund that payment based on the date you cancel. If you made any monthly payments after [date of order entry] and cancel by [date certain - 105 days from order entry], we'll refund all charges you paid since [date of order entry]. If you want to keep your current products, you don't have to do anything. We'll keep billing you for the products you have. Important: You might not have comprehensive health insurance, so you may have to pay almost all your medical bills if you get sick or have to go to the hospital. You have a Special Enrollment Period to get comprehensive health coverage through HealthCare.gov, the federal Health Insurance Marketplace®. This special opportunity ends [SEP end date - 65 days from notice mail date]. Take action now to reduce any gap in your health coverage until your Marketplace coverage starts. When you apply for the Marketplace, they will check if you qualify for lower premiums and other costs, or for free or low-cost coverage through Medicaid or the Children's Health Insurance Program (CHIP), based on your income. Steps to get Marketplace coverage: 1. Visit HealthCare.gov/get-coverage. Select your state to create an account and fill out an application. Use your MyBenefitsKeeper member email address when creating your Marketplace account. NOTE: Ignore a message if it says that you aren't eligible to enroll in a plan because the Open Enrollment Period for 2022 ended. Because of your situation, you're still able to enroll now. 2. Within 1-2 days, the Marketplace will process your application and send you a notice about your eligibility with directions on how to get coverage during the Special Enrollment Period. You'll have 60 days to select a plan through HealthCare.gov. NOTE: The notice about your eligibility will be available in your Marketplace account. Depending on what you picked for communication preferences, you may APPENDIXB
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 60 of 62 PagelD 142 also get an email alert, or get a copy in the mail. 3. Log into your Marketplace account. Return to your Marketplace application to select a new plan for 2022 health coverage. Need help enrolling in the Marketplace? Call the Marketplace Call Center at 1-800-318-2596. TTY users can call 1-855-889-4325. • Be sure to say that you're a \"Benefytt\" customer who bought a plan that's covered by the settlement agreement. Mention the \"Federal Trade Commission\" or \"FTC\" case against Benefytt. • Share with us the email address and phone number you used when you first signed up for your Benefytt plan. MyBenefitsKepper (Benefytt) shared this information with the Marketplace, so they know who you are and can confirm that you qualify for this Special Enrollment Period. When will my Marketplace coverage begin? Your Marketplace coverage will start the month after you select a plan through HealthCare.gov. You can also request an earlier coverage start date by calling the Marketplace Call Center. For more help: • For questions about the Marketplace, visit HealthCare.gov, or call the Marketplace Call Center at 1-800-318-2596. TTY users can call 1-855-889-4325. You can also make an appointment with someone in your area who can help you. Information is available at LocalHelp.HealthCare.gov. • Call the Marketplace Call Center to get this information in an accessible format, like large print, Braille, or audio, at no cost to you. Visit ftc.gov/[insert] for more information about the FTC's lawsuit against Benefytt. Sincerely, Todd Baxter Chief Executive Officer, Benefytt APPENDIXB
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 61 of 62 PagelD 143 NOTICE TO BENEFYTT CUSTOMERS FROM: [email protected] EMAIL SUBJECT LINE: Settlement of Federal Trade Commission Lawsuit against Benefytt. Decision required. EMAIL PREVIEW TEXT: You have the opportunity to enroll in your state's health insurance marketplace because of this settlement. TEXT: Dear [customer's full name]: Our records show you're paying for [name at least one Benefytt product the consumer will recognize, followed by \"and other products\" wherever applicable, which you bought from [name of Benefytt company/affiliate the consumer will recognize]. You were billed for these products by Benefytt or MyBenefitsKeeper, which is a name used by Benefytt. The Federal Trade Commission (FTC), the nation's consumer protection agency, sued us, claiming that we deceived our customers, and we agreed to settle the lawsuit. The lawsuit says that many of the healthcare products we sell don't cover people's medical needs, and that we've charged consumers for things they didn't agree to buy. That means: • You may have to pay almost all your medical bills if you get sick or have to go to the hospital. • You may be paying for products you didn't agree to buy. You are making monthly payments for the following products: [Insert chart tailored to each customer, starting with short-term and/or limited medical plan, with corresponding charge, frequency, and duration for each product, as shown in the following example: Product: $119.12 $40.00 J $67.40 $19.99 $19.99 month nthly : $266.50 APPENDIXB
Case 8:22-cv-01794-TPB-JSS Document 3-1 Filed 08/08/22 Page 62 of 62 PagelD 144 Can I cancel the products I'm paying for? Yes. Visit Here [hyperlink] or call 855-476-6009 as soon as possible to cancel your coverage. You can cancel some or all of the products you have. We'll cancel your coverage and stop billing you immediately. Ifyou select this option, your coverage will end the same day. If your last monthly payment was before [date of order entry], we will partially refund that payment based on the date you cancel. If you made any monthly payments after [date of order entry] and cancel by [date certain - 105 days from order entry], we'll refund all charges you paid since [date of order entry]. If you want to keep your current products, you don't have to do anything. We'll keep billing you for the products you have. Important: You might not have comprehensive health insurance, so you may have to pay almost all your medical bills if you get sick or have to go to the hospital. [Insert ifmember lives in CA, CO, CT, DC, ID, KY, MA, ME, MD, MN, NJ, NV, NM, NY, PA, RI, VT, or WA:] How do I get comprehensive health coverage? You may be able to get health coverage through your state's health insurance marketplace. They'll let you know if you qualify for a Special Enrollment Period through the [state] marketplace and how to apply. Get more details about buying a comprehensive health insurance plan: • Call your state's marketplace Call Center at [insert consumer's state's exchange phone number]. TTY users can call [insert state's exchange TTY number]. • You can tell them you're a \"Benefytt\" customer who bought a plan that's covered by the settlement agreement. You may have to send this notice to them. Visit ftc.gov/[insert] for more information about the FTC's lawsuit against Benefytt. Sincerely, Todd Baxter Chief Executive Officer, Benefytt APPENDIXB
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