Legal Advertising – H.B. 1205

| July 10, 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.