On Tuesday, the Federal Trade Commission filed a brief as amicus curiae in support of arguments to vacate Opinion 39 of the New Jersey Supreme Court's Committee on Attorney Advertising. The FTC -- which enforces laws regarding unfair trade practices and deceptive advertising -- notes that while deceptive advertising by lawyers should be prohibited,
"Courts and other state policy makers should be careful not to restrict unnecessarily the dissemination of truthful and non-misleading advertising that may help consumers make more informed choices. Overly broad restrictions of truthful and non-deceptive information are likely to harm consumers of legal services by denying them useful information and impeding competition among attorneys. Accordingly, consumers are better off when policy makers address concerns about potentially deceptive advertising with narrowly tailored restrictions."
The FTC argues that New Jersey's attorney advertising rules should be revised and Opinion 39 should be vacated because they restrict the free flow of truthful, non-deceptive information to consumers.
We couldn't agree more.