FTC Criticizes Proposed NY Attorney Ad Restrictions


The Federal Trade Commission says that proposed changes to rules on attorney advertising in New York state are too restrictive and harm consumers.

In comments to the New York State Unified Court System, FTC staffers, with the backing of commissioners, say they are concerned the changes are not specifically tailored to prevent deception and could instead suppress truthful, nonmisleading advertising.

It offered disclosure rather than prohibitions as a better alternative, and said prohibitions on advertising should only be considered if the problem were not resolvable through "clear and conspicuous disclosure."

FTC also took issue with a proposal to require all ads to be placed on file with the New York Bar’s Attorney Disciplinary Committee, saying that will likely raise fees to consumers.