Q: Is it illegal to unknowingly send an advertisement for homeowners insurance to a minor in Colorado?
I own an insurance agency and purchase lists that are supposed to be names, addresses and potential homeowners renewal dates. The vendor I use pulls information from public records like real estate transactions and the census. Occasionally, in a month with a list of 4000 potential homeowners renewals there will be 1-2 minor children that get the advertisement mailed to them. I received a call from a concerned parent who told me it is illegal to send a homeowners insurance solicitation to a minor in Colorado. She isn't filing suit or anything, but I want to make sure I am not breaking the law by advertising this way. I want to know if it is illegal to send the mailer if there is unknowingly 1-2 minors who get the advertisement.
A:
No, that woman's an idiot.
Even if it were illegal it would be prosecuted by the county attorney for a criminal act, or more likely the Dept. of Regulatory Agencies (DORA) for a regulatory violation. She has no private right of action to sue you for mistaken advertisement.
The question should be what are you putting your kid's name on that it's ending up on this list.
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