Consumers see doomsday ads about the lethal effects of medications or even general medical injury, and consequently stop using their medicine. This is often done without consulting a doctor, causing health problems for the patients and increasing litigation risk for the product manufacturers.
These over-the-top advertisements from personal injury attorneys with catchy jingles and toll-free numbers pose a serious danger. These ads undermine the simple notion that physicians and health care providers, not personal injury lawyers or the “aggregators” who run the ads for the lawyers, should dispense medical advice.
The reason why trial lawyers pump significant money into these ad buys is because, armed with more clients, they can boost settlements and payouts when they go after large corporations. This leads to larger contingency fees for themselves.
ATRA supports legislation that places reasonable regulations regarding deceptive or misleading lawsuit or legal services advertisements.
The personal injury bar argues that such regulations infringe upon their first amendment rights.
Trial Lawyer Advertising: S.B. 1189 (2019)
Amends the Government Code to provide that a violation of
Amends the Government Code to provide that a violation of deceptive advertising of legal services through television advertising may be enforced by the attorney general or district or county attorney as provided by the Deceptive Trade Practices Act.