The U.S. Chamber of Commerce Institute for Legal Reform (ILR) stated that Florida is among several states that have prohibited certain types of "manipulative" advertising from law firms. The ILR shared its statement in an August 16 blog post.
"Several states have enacted legislation to combat manipulative legal advertising," said the ILR. "For example, Florida's H.B. 1205 prohibits legal service ads from using government logos or terms like ‘health alert' to mislead viewers and requires express written consent before sharing private health information."
According to the ILR, trial attorneys are increasingly using "manipulative legal advertising" to attract more clients. When these advertisements are presented as health alerts or public service announcements, they can "mislead the public and create unjustified fears." Advertisements about medications may claim that the medication could have severe health consequences such as heart attacks but may not mention that the side effects are rare and the medication is still approved by the Food and Drug Administration (FDA). After seeing the advertisement, consumers may stop taking the medication, which can lead to adverse health effects.
Gov. Ron DeSantis signed HB 1205 into law in June 2023, according to the Florida Senate. The legislation strengthened prohibitions against "deceptive and unfair trade practices" in legal advertising.
According to the American Tort Reform Association (ATRA), trial lawyers engage in large advertising campaigns to attract more clients to lawsuits and earn more money for themselves. ATRA President Sherman "Tiger" Joyce said, "Trial lawyers continue to pump significant money into these ad buys because, armed with more clients, they can boost settlements and payouts when they go after large corporations, ultimately raking in larger contingency fees for themselves."
The ILR advocates for a "fair legal system" that supports economic growth, according to its website. The ILR is led by president Stephen Waguespack.