CTV advertising follows the same legal advertising rules as any other medium. Bar requirements, FTC regulations, state-specific rules: they all apply. Here’s what PI firms need to know about compliant streaming TV advertising.
The Regulatory Framework
ABA Model Rules
The American Bar Association’s Model Rules of Professional Conduct govern lawyer advertising nationally (as adopted by states):
| Rule | Requirement |
|---|---|
| Rule 7.1 | Communications must not be false or misleading |
| Rule 7.2 | Advertising requirements and restrictions |
| Rule 7.3 | Solicitation restrictions |
| Rule 7.4 | Communication of specialization |
States adopt and modify these rules, creating variation in requirements.
State Bar Rules
Each state bar has specific advertising rules. Common requirements include:
- Firm name and contact information
- Jurisdiction where licensed
- Disclaimer about results
- Retention of advertising materials
- Pre-approval (some states)
- Specific language requirements
Check your state bar’s rules specifically. Requirements vary significantly.
FTC Regulations
FTC Requirements
- + No deceptive claims
- + Substantiation for factual assertions
- + Clear disclosure of material terms
- + Endorsement guidelines for testimonials
Common CTV Compliance Requirements
Required Disclosures
Prohibited Claims
Prohibited or Restricted
- − "We will win your case" - guaranteed outcomes prohibited
- − "Best lawyers in the city" - requires substantiation
- − "#1 in the state" - requires objective basis
- − Implying specialization without certification
- − Creating unjustified expectations
Testimonial Requirements
Client testimonials in advertising require:
- Clear disclosure that results vary
- Honest representation (not fabricated)
- Compliance with endorsement guidelines
- Written permission from client
- No payment without disclosure (in most cases)
Many firms avoid testimonials in TV due to complexity, or use actor portrayals with appropriate disclosure.
CTV-Specific Considerations
Visual vs. Audio Disclaimers
Option A
Option B
Visual Disclaimers
Must be readable on TV screens. Sufficient duration to read. Contrasting colors for visibility. Size relative to screen (not fine print). CTV displays on large screens. Small print fails.
Audio Disclaimers
Must be audible and intelligible. Pacing allows comprehension. Not rushed to fit time constraints. Consistent with visual messaging.
15-Second vs. 30-Second Challenges
Option A
Option B
30-Second Spots
More time for required disclosures. Can include message AND compliance. Recommended for heavily regulated states.
15-Second Spots
Challenging to include all disclosures. May require prominent visual text. Consider whether 15s is viable given requirements.
Geo-Targeting and Jurisdiction
CTV enables precise geographic targeting:
Advantage: Target only states where you’re licensed Requirement: Messaging appropriate to each jurisdiction
If running in multiple states with different rules, creative may need state-specific versions.
State-Specific Considerations
| State | Notable Requirements |
|---|---|
| Florida | 15-day pre-filing requirement, specific disclaimer language mandated |
| New York | Pre-approval for some ads, “Attorney Advertising” label, office address |
| Texas | ”Advertising Material” disclosure, specific contingency fee language |
| California | Certification disclosure requirements, specialist designation rules |
This is not comprehensive. Consult your state bar and/or legal advertising counsel.
Compliance Workflow
Pre-Production
Review state bar rules for all target geographies. Identify required disclosures. Determine timing/placement requirements. Build requirements into creative brief.
Creative Development
Include required elements in scripts. Review with compliance counsel. Ensure visual/audio disclosures meet standards. Create state-specific versions if needed.
Pre-Launch
Final compliance review. Document retention (save all versions). Pre-filing if required by state. Sign-off from responsible attorney.
Ongoing
Retain copies for required period (often 3+ years). Monitor for rule changes. Update creative if rules change. Document campaign dates and placements.
Working with CTV Partners
Your CTV partner should:
Partner Should Provide
- + Experience with law firm campaigns
- + Awareness of compliance requirements
- + Creative that includes required elements
- + State-specific versions if needed
- + Documentation for retention
Partner Should NOT Do
- − Making compliance decisions for you
- − Providing legal advice
- − Approving final creative (that's your counsel)
Common Mistakes
| Mistake | Risk |
|---|---|
| Insufficient disclaimer visibility | Text too small, too fast, or low contrast |
| Implied specialization | Calling yourself “experts” without certification |
| Unsubstantiated comparisons | ”Best PI firm in Chicago” without factual basis |
| Forgetting jurisdiction | National campaigns with single-state creative |
| Skipping pre-filing | Violation even if content is otherwise compliant |
The Bottom Line
Know Your Rules
Review state bar rules for all target markets
Build Compliance In
Include requirements from the start of creative development
Get Review
Have qualified counsel review before launch
Document Everything
Retain copies and records for required periods
Stay Current
Monitor for rule changes and update accordingly
Compliant advertising protects your license and your firm’s reputation. A bar complaint costs more than a compliance review ever will. Don’t skip the review.
References
- American Bar Association. Model Rules of Professional Conduct 7.1-7.4. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
- FTC. Endorsement Guides. https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking