Legal Services Advertising

Problem

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.

Take Action

View Dive Deeper

ATRA's Position:

ATRA supports legislation that places reasonable regulations regarding deceptive or misleading lawsuit or legal services advertisements.

Opposition Opinion:

The personal injury bar argues that such regulations infringe upon their first amendment rights.

Legal Advertising – H.B. 1205

Florida|2023

Florida – 2023

[…]

Prohibits a person or entity issuing a legal services advertisement from doing specified things, including presenting the advertisement as a medical alert or as offering advice from a state or federal governmental entity.
Requires a person or entity issuing a legal services advertisement to solicit clients who may allege injury from an FDA-approved prescription drug or medical device to include specified statements and information in the advertisement, in the manner specified in the bill.
Prohibits a person or entity from using, causing to be used, obtaining, selling, transferring, or disclosing a consumer’s protected health information to another person or entity for the purpose of soliciting the consumer for legal services without the consumer’s written authorization, except to an individual’s legal representative under specified circumstances.
Provides that a violation of the bill is a FDUTPA violation.
Specifies that the bill does not limit or otherwise affect the Florida Bar’s authority to regulate the practice of law, enforce its rules of professional conduct, or discipline any person admitted to the practice of law.
Specifies that the bill does not apply to an advertisement that has been reviewed and approved by a Florida Bar ethics or disciplinary committee in accordance with its rules of professional conduct.

[hide]

Unchallenged

Attorney Advertising – S.B. 383

Louisiana|2022

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).

[hide]

Unchallenged

Attorney Advertising – S.B. 378

Louisiana|2022

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.

[hide]

Unchallenged

Advertising for Legal Services – S.B. 150

Kansas|2022

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.

[hide]

Unchallenged

Trial Lawyer Advertising: S.B. 352 (2019)

Tennessee|2019

Unchallenged

Trial Lawyer Advertising: S.B. 1189 (2019)

Texas|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.

[hide]

Unchallenged