Advertising Law

Can lawyers text potential clients?

Recently, a North Carolina ethics opinion explained that attorneys can advertise through a text message service that provides subscribers a choice of whether to initiate live telephone conversations.

Dec 1, 2017 1:10 AM CST

Suit claims rival law firm copied billboard in effort to trick potential clients

A personal injury law firm in Massachusetts has filed a lawsuit that contends a rival law firm copied the look of its billboard to cause confusion among potential clients. The suit by the Ellis Law Offices claims the rival billboard, created by the Law Offices of Joseph J. Cariglia and…

Nov 28, 2017 8:00 AM CST

ACLU sues DC Metro system for rejecting ‘issue oriented’ ads

The American Civil Liberties Union has sued the Washington Metropolitan Transportation Authority, alleging that its restrictions on “issues-oriented” or controversial advertising on Metro trains and buses violates the First Amendment, the Washington Post reports. The lawsuit (PDF), filed in federal court in Washington, D.C., is on behalf of four plaintiffs…

Aug 10, 2017 12:29 PM CDT

How one lawyer makes millions providing ads for other firms

Robert Goldwater has dispensed with legal work entirely. After transitioning from law to marketing, the Goldwater Law Firm signs up plaintiffs for various mass torts and class actions and refers them to other firms.

Apr 1, 2017 5:15 AM CDT

Supreme Court considers 3 First Amendment cases this term

The First Amendment takes a leading role before the U.S. Supreme Court this term. A case decided Wednesday, along with two others, could impact a slew of important free speech principles, including commercial speech, the government speech doctrine, online privacy, the right to receive information and ideas, speech vs. conduct and the viewpoint discrimination principle.

Apr 1, 2017 3:20 AM CDT

Drugmaker’s claim that Prevagen boosts memory is fraudulent, FTC lawsuit says

The Federal Trade Commission and the New York State Attorney General have filed suit against dietary supplement makers Quincy Bioscience over its popular supplement, Prevagen. On Monday, New York Attorney General Eric Schneiderman and the Federal Trade Commission announced that they had jointly filed a complaint (PDF) with the Manhattan…

Jan 10, 2017 4:05 PM CST

DeVry agrees to $100M settlement in FTC suit alleging misleading ads touted graduate success

DeVry University has agreed to pay $100 million to settle claims by the Federal Trade Commission that its ads misled prospective students about its graduates’ job success. DeVry did not admit or deny the allegations, report the New York Times, CNN Money and Bloomberg’s Technology, Telecom and Internet Blog. The…

Dec 16, 2016 10:08 AM CST

Judge tosses pimping charges against Backpage.com CEO and two ex-shareholders

Backpage.com CEO Carl Ferrer and two former controlling shareholders can’t be prosecuted for the website’s online ads for adult services, a California judge has ruled. Judge Michael Bowman of Sacramento County dismissed pimping charges against the trio late Friday, report the Recorder (sub. req.), the Phoenix New Times and the…

Dec 13, 2016 8:30 AM CST

Law firm can run ads targeting specific nursing home, Georgia Supreme Court rules

A Mississippi-based law firm seeking nursing home neglect and abuse cases didn’t violate Georgia trademark law by targeting PruittHealth Inc. in one of its ads, the Georgia Supreme Court has ruled. In a decision on Monday, the court lifted an injunction that had barred the ads by the McHugh Fuller…

Nov 22, 2016 12:10 PM CST

Subway pitchman’s ex-wife seeks damages for failure to report his ‘pedophile behavior’

The ex-wife of convicted Subway pitchman Jared Fogle filed a lawsuit Monday contending she would never had married him if the company had reported his sexual interest in minors. The suit filed by Kathleen McLaughlin alleges that Subway’s parent company was warned about Fogle’s behavior at least three times but…

Oct 25, 2016 8:00 AM CDT

Avvo has First Amendment right to publish lawyer listings, Chicago federal court rules

Avvo, an online attorney directory, does not violate an Illinois law that bars the use of someone’s identity for commercial purposes without permission, a federal judge there ruled Monday. The listings shouldn’t be considered commercial speech, U.S. District Court Judge Robert W. Gettleman wrote in his order (PDF) dismissing the…

Sep 14, 2016 12:18 PM CDT

‘Super lawyers’ and ‘rising stars’ are warned about accolade advertising

Lawyer advertising that mentions awards such as “Super Lawyers,” “Rising Stars” and “Best Lawyers” has spurred the filing of many complaints with a New Jersey committee that considers ethics of lawyer advertising. The New Jersey Supreme Court Committee on Lawyer Advertising has received so many grievances that it decided to…

May 23, 2016 6:15 AM CDT

Litigation over ‘Made in USA’ claims is on the upswing

Consumers who say they were misled by false “Made in USA” labels are increasingly resorting to the courts, according to a lawyer who represents food and beverage companies. Greenberg Traurig lawyer Justin Prochnow told Bloomberg BNA that “Made in the USA” complaints are one of the more frequent claims being…

May 23, 2016 5:45 AM CDT

Judge denies bid to block San Francisco law requiring warning labels on ads for sugary drinks

San Francisco is poised to become the first city in the country to require warning messages on advertisements for sugar-added drinks, after a federal court refused Tuesday to issue a temporary restraining order. After the enactment of two ordinances by the city’s board of supervisors last year, the American Beverage…

May 19, 2016 1:55 PM CDT

Lawsuits claim parmesan cheese labels didn’t disclose fillers like wood pulp

Nearly 45 would-be class action suits have been filed over labeling for parmesan cheese alleged to contain undisclosed additives. Four brands with labels for 100% parmesan cheese are targeted in the suits, including Kraft and Wal-Mart’s private brand, the National Law Journal (sub. req.) reports. The suits were filed after…

Apr 27, 2016 11:05 AM CDT