Attorney direct mail rules

The Federal Trade Commission (FTC) and the National Association of Attorneys General (NAAG) have established rules and guidelines for attorney direct mail marketing. Here are some key rules to be aware of:

1. Truthful and Non-Deceptive Advertising: The FTC requires that attorney advertising be truthful and not misleading. Attorneys must not make false or exaggerated claims about their services or abilities.
2. Clear and Conspicuous Disclosure: Attorneys must clearly and conspicuously disclose their affiliation with the advertisement, including their name, address, and phone number.
3. No False or Misleading Claims: Attorneys cannot make false or misleading claims about their services, such as "We can guarantee a specific outcome" or "We have a 100% success rate."
4. No Misrepresentation of Services: Attorneys cannot misrepresent their services, such as claiming to offer services they do not provide or implying that they can handle cases they are not qualified to handle.
5. No False or Misleading Testimonials: Attorneys cannot use false or misleading testimonials from clients or experts to promote their services.
6. No Unsolicited Commercial Email (Spam): Attorneys cannot send unsolicited commercial email (spam) to consumers.
7. No False or Misleading Headings: Attorneys cannot use false or misleading headings or titles to attract attention or deceive consumers.
8. No Misrepresentation of Fees: Attorneys cannot misrepresent their fees or the costs associated with their services.
9. No False or Misleading Claims about Awards or Recognition: Attorneys cannot make false or misleading claims about awards or recognition they have received.
10. Compliance with State Rules: Attorneys must also comply with state-specific rules and regulations regarding direct mail marketing.

Some additional guidelines to keep in mind:

• Opt-out provisions: Attorneys must provide an easy way for consumers to opt-out of receiving future mailings or emails.
• Clear and concise language: Attorneys should use clear and concise language in their advertisements to avoid confusion or misinterpretation.
• Avoid using scare tactics: Attorneys should avoid using scare tactics or sensational language to attract attention or deceive consumers.
• Comply with CAN-SPAM Act: Attorneys must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) when sending commercial emails.

It's essential for attorneys to understand these rules and guidelines to ensure compliance and avoid potential legal consequences.