Cal. BPC § 6157.2 — California Code / Code bpc / Division 3 / Chapter 4 / Article 9.5 / Section 6157.2
Section 6157.2
Status: in_force

(a) An advertisement shall not contain or refer to any of the following:

(1) A guarantee or warranty of success regarding the outcome of a legal matter as a result of representation by the licensee.

(2) Statements or symbols stating that the licensee featured in the advertisement can generally obtain immediate cash or quick settlements.

(3) (A) An impersonation of the name, voice, photograph, or electronic image of any person other than the lawyer, directly or implicitly purporting to be that of a lawyer.

(B) An impersonation of the name, voice, photograph, or electronic image of any person, directly or implicitly purporting to be a client of the licensee featured in the advertisement, or a dramatization of events, unless disclosure of the impersonation or dramatization is made in the advertisement.

(C) A spokesperson, including a celebrity spokesperson, unless there is disclosure of the spokesperson’s title.

(4) A statement that a licensee offers representation on a contingent basis unless the statement also advises whether a client will be held responsible for any costs advanced by the licensee when no recovery is obtained on behalf of the client. If the client will not be held responsible for costs, no disclosure is required.

(5) Misleading, deceptive, or false statements, words, or phrases regarding a lawyer’s or law firm’s skills, experience, or record.

(6)  References to a lawyer’s or a law firm’s recognition by, or awards from, an organization, unless both of the following requirements are met:

(A) The recognition or award is not conferred by virtue of being a member of the organization.

(B) The organization does not charge or solicit a fee, cost, or payment for the recognition or award.

(b) An advertisement subject to this chapter shall contain the following information conspicuously displayed, or intelligible, if spoken:

(1) The name of at least one lawyer licensed to practice law in California, the law firm, the certified lawyer referral service responsible for the advertisement, or the joint advertiser responsible for the advertisement together with the name of each lawyer or law firm participating in the joint advertisement, as required by subdivision (g) of Section 6155.

(2) Disclosure of the city, town, or county of at least one bona fide office location or the address of record listed with the State Bar for the lawyer or law firm.

(3) A joint advertisement disseminated by a joint advertiser acting in compliance with subdivision (g) of Section 6155 via a platform or medium that imposes character, display, or time limitations shall be deemed compliant with the disclosure requirement of this subdivision if it contains the name of the joint advertiser responsible for the advertisement and provides a clear and prominent link or direction to a landing page or equivalent resource that includes all disclosures required by this subdivision.

(c) (1) A consumer who was misled by an advertisement in violation of this section may bring a civil action for the remedies provided in paragraph (2) if all of the following requirements are met:

(A) The consumer files a complaint under subdivision (a) of Section 6158.4.

(B) The State Bar determines that substantial evidence of a violation exists pursuant to the process set forth in Section 6158.4.

(C) The advertiser does not withdraw the advertisement as provided in subdivision (a) or (b) of Section 6158.4, or the advertiser withdraws an advertisement upon a State Bar determination that substantial evidence of a violation exists and subsequently rebroadcasts the same advertisement without a finding by the trier of fact in a civil action that the advertisement does not violate this section.

(2) A consumer who satisfies the requirements of paragraph (1) may bring a civil action for the following remedies:

(A) Statutory damages of a minimum of five thousand dollars ($5,000) up to a maximum of one hundred thousand dollars ($100,000) per each unique advertisement or three times the amount of actual damages, whichever is larger. The amount of statutory damages in this subdivision may be determined pursuant to subdivision (d).

(B) Attorney’s fees.

(C) Injunctive or declaratory relief.

(D) Any other relief the court deems proper.

(d) In assessing the amount of statutory damages, the court may consider any one or more of the relevant circumstances presented by the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.

(e) The right of action under this section exists independently of any enforcement action or inaction by any governmental agency or official.

(f) This section does not restrict any other right available under existing law or otherwise available to a citizen seeking redress for false, misleading, or deceptive advertisements.