FTC Staff Weighs in on Proposed Restrictions to Attorney Advertising

The Federal Trade Commission Office of Policy Planning, Bureau of Consumer Protection and Bureau of Economics submitted instructive comments on New York's Proposed Amendment to Rules Governing Attorney Advertisement. The comments take a strong stand against "overly broad" provisions and restrictions against truthful advertising. The authors say:

"The FTC Staff believes that while deceptive advertising by lawyers should be prohibited, restrictions on advertising and solicitation should be specifically tailored to prevent deceptive claims and should not unnecessarily restrict the dissemination of truthful and non-misleading information. As to the proposed amendments, the FTC Staff is concerned that several provisions are overly broad, may restrict truthful advertising, and may adversely affect prices paid and services received by consumers. Moreover, the FTC Staff believes that New York can adequately protect consumers from false and misleading advertising by using less restrictive means such as requiring clear and prominent disclosure of certain information."

Click here to download the FTC Staff report.