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.
Sets forth the requirements and limitations for legal advertising consistent
Sets forth the requirements and limitations for legal advertising consistent with the U.S. Fifth Circuit’s opinion in Public Citizen v. Louisiana Disciplinary Board 632 F. 3d 212 (2011).
Prohibits deceptive or misleading advertisements, specifically those presented as a
Prohibits deceptive or misleading advertisements, specifically those presented as a medical alert, health alert, drug alert, or public service announcement.
Creates law related to legal advertising and the use of
Creates law related to legal advertising and the use of protected health information to solicit individuals for legal services. If the advertisement is for a lawsuit soliciting clients who may allege an injury from a FDA-approved prescription drug or medical device or from a medical device substantially equivalent to an approved medical device, requires disclosure that the drug or medical device remains approved by the FDA, unless the product has been recalled or withdrawn. Creates a statutory section stating a person may not use, cause to be used, obtain, sell, transfer, or disclose to another person without written authorization protected health information for the purpose of soliciting an individual for legal services. Specifies that nothing in this section applies to the use or disclosure of protected health information to an individual’s legal representative, in the course of any judicial or administrative proceeding, or as otherwise permitted or required by law. Attorneys and law firms are exempted from the provisions of the bill; the legislation only applies to lead generators.
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.
