What part of that law says they can't provide free data? (nt)

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What part of that law says they can't provide free data? (nt)
Posted by JK (the other JK) on June 25, 2009 at 12:01 AM
In Reply to: New law prohibits title companies from providing free data posted by CC in OC on June 25, 2009 at 11:33 AM
: Senate Bill 133. Link:
: http://www.clta.org/e-news/sep2008/sb_133_bill_20080826_enrolled.pdf
: Pertinent portion:
: SECTION 1. Section 12404 of the Insurance Code is amended
: to read:
: 12404. (a)   It is unlawful for any title insurer, underwritten
: title company or controlled escrow company to pay, directly or
: indirectly, any commission, compensation, or other consideration
: to any person as an inducement for the placement or referral of
: title business. Actual placement or referral of title business is not
: a precondition to a violation of this section, whether the violation
: is or is not a per se violation pursuant to subdivision (c). [...]
: (3)  “Title business” means the “business of title insurance” as
: defined in Section 12340.3, and includes, but is not limited to, the
: offering of title insurance, escrow, or other services by a title
: insurer, underwritten title company, or controlled escrow company.
: (c)  The following activities, whether performed directly or
: indirectly, are deemed per se inducements for the placement or
: referral of title insurance business by any person and are unlawful:
: (1)  Paying or offering to pay, furnishing or offering to furnish,
: or providing or offering to provide assistance with the business
: expenses of any person, including, but not limited to, rent,
: employee salaries, furniture, copiers, facsimile machines,
: automobiles, telephone services or equipment, or computers.
: (2)  Providing or offering to provide any form of consideration
: intended for the benefit of any person, including cash, below
: market rate loans, automobile charges, or merchandise or
: merchandise credits. [...]
: (3)  Other expenditures for a person, as permitted by the
: Department of Insurance by regulation.
: (e)  The provision or payment of any form of consideration as
: an inducement for the placement or referral of title business not
: specifically set forth in this section shall not be presumed lawful
: merely because they are not specifically prohibited.

Follow Ups:

First American Title interprets the prohibition to include data CC in OC 12:46 AM, 06/25/09 (1)

Re: First American Title interprets the prohibition to include data JK (the other JK) 3:28 PM, 06/25/09 (0)

If you use CC logic, I guess you wouldn't be able to get a prelim, either. JK (the other JK) 12:06 AM, 06/25/09 (9)

Re: If you use CC logic, I guess you wouldn't be able to get a prelim, either. Rob 3:35 PM, 06/25/09 (8)

Show me a link where any Title company has been fined for giving access to data? JK (the other JK) 3:58 PM, 06/25/09 (7)

prelims, etc. Kristine-CA 10:28 PM, 06/30/09 (0)

I'm not much of a link-meister... Rick, the Probate Guy 7:45 AM, 06/27/09 (0)

Re: Show me a link where any Title company has been fined for giving access to data? Rob 4:53 PM, 06/25/09 (4)

We are in agreement that you lied. JK (the other JK) 6:58 PM, 06/29/09 (0)

Re: Show me a link where any Title company has been fined for giving access to data? bukzin 6:37 PM, 06/29/09 (0)

I'm not a member of that site. Maybe you can cut & paste the text. (nt) JK (the other JK) 10:16 AM, 06/27/09 (1)

Here is that article bukzin 8:46 PM, 06/30/09 (0)

Post a Followup:

Name : E-Mail : Subject :
Comments: : : Senate Bill 133. Link: : : http://www.clta.org/e-news/sep2008/sb_133_bill_20080826_enrolled.pdf : : Pertinent portion: : : SECTION 1. Section 12404 of the Insurance Code is amended : : to read: : : 12404. (a)   It is unlawful for any title insurer, underwritten : : title company or controlled escrow company to pay, directly or : : indirectly, any commission, compensation, or other consideration : : to any person as an inducement for the placement or referral of : : title business. Actual placement or referral of title business is not : : a precondition to a violation of this section, whether the violation : : is or is not a per se violation pursuant to subdivision (c). [...] : : (3)  “Title business” means the “business of title insurance” as : : defined in Section 12340.3, and includes, but is not limited to, the : : offering of title insurance, escrow, or other services by a title : : insurer, underwritten title company, or controlled escrow company. : : (c)  The following activities, whether performed directly or : : indirectly, are deemed per se inducements for the placement or : : referral of title insurance business by any person and are unlawful: : : (1)  Paying or offering to pay, furnishing or offering to furnish, : : or providing or offering to provide assistance with the business : : expenses of any person, including, but not limited to, rent, : : employee salaries, furniture, copiers, facsimile machines, : : automobiles, telephone services or equipment, or computers. : : (2)  Providing or offering to provide any form of consideration : : intended for the benefit of any person, including cash, below : : market rate loans, automobile charges, or merchandise or : : merchandise credits. [...] : : (3)  Other expenditures for a person, as permitted by the : : Department of Insurance by regulation. : : (e)  The provision or payment of any form of consideration as : : an inducement for the placement or referral of title business not : : specifically set forth in this section shall not be presumed lawful : : merely because they are not specifically prohibited.

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