I did an enrollment ( as a independent contractor enroller ...my name was not on the applications ) for an enrollment company where the employees at the company who hired the enrollment company were allowed to apply for an accident plan that did not cover them for on-ther-job accidents ... about a month later I was told by services would no longer be requested by the enrollment company.
So, a few weeks later I sent out a letter to those that had enrolled in this accident plan stating that there were accident plans that they could acquire that would cover them for on-the-job accidents ...and statistics about on-the job accidents... Of course, I asked them if they were looking for quote comparisons they could e-mail or call me ... yep. nothing I am proud of, but I also did it because I thought these people needed to know. The insurance company that provided the coverage also had a plan that would have covered them on the job for a few dollars more a month ... but apparently the employer did not want them to have that coverage...
It created an uproar and now I am hearing that I may have been guilty of identity theft... I knew their name, address,and employer + employer benefit ... It was a targeted letter not to all employees of that employer, but only to those I knew had enrolled ... so, was that identity theft .. or did I break any HIPPA law ? No health questions were on any applications of the people.
Looking back it could have been handled much differently by me ... but I would appreciate did I break any law ?
1 Answer from Attorneys
You potentially face several problems. First are you licensed to sell insurance in Pa. If not you may face problems because of that. If you are licensed then you run the risk of losing your license. If you held yourself ou as being with your old company to the former customers, you could be guilty of fraud and misrepresentaion. You could also be found to have committed interference with business relations for your contacts with your former employer's clients. Whether you committed identity theft depends on more facts then you mentioned in your question. Under any circumstance you should consult ab attorney now, rather than later to discuss your options and the best way to deal with the situation.