Texans for Lawsuit Reform

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In the News

Why you may no longer see those ‘medical alert’ TV ads from lawyers

Star-Telegram, May 16, 2019

By: Anna Tinsley

You’ve seen the commercials.

There’s an attorney on your TV screen, giving a “medial alert” or making a “public service announcement,” talking about problems regarding a certain prescription medicine or medical device.

That lawyer asks viewers to call them if they’ve experienced problems and need legal help.

On Thursday, Texas House members on a 112-21 vote approved Senate Bill 1189 cracking down on some of these ads, which they call “deceptive advertising of legal services.”

“There have been indications that such advertisements may encourage viewers to make unfounded health care decisions that have serious negative consequences,” a bill analysis states.

The measure, shepherded through the House by state Rep. Giovanni Capriglione, R-Southlake, would regulate TV commercials that advertise legal services and solicit clients regarding medical issues.

No Tarrant County House member voted against the bill.

This measure prevents these ads from using certain phrases such as “medical alert,” “public service announcement” or “drug alert.” It states that the commercials can’t use the term “recall” when referring to a product that hasn’t actually been recalled.

These commercials must state that they are “a paid advertisement for legal services.” And they may not show federal or state agency logos that suggest the ad is approved by, or associated with, that agency.

The measure also requires that the firms, particularly those soliciting clients who say they’ve been harmed by taking a prescription drug approved by the U.S. Food and Drug Administration, include a clear statement: “Do not stop taking a prescribed medication without first consulting a physician.”

“No Texan should be frightened out of taking a necessary medication because of a misleading legal services ad on TV,” said Lee Parsley, general counsel of Texans for Lawsuit Reform.

Critics have said they fear the bill could have a chilling effect on free speech. Any violation of the measure could be considered a violation of the deceptive trade practices act.

If signed by Gov. Greg Abbott, this measure becomes law Sept. 1.

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lawsuitreform avatarTLR@lawsuitreform·
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TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform #stoplawsuitabuse

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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lawsuitreform avatarTLR@lawsuitreform·
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#ICYMI: Certain business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly & expertly handle complex business litigation freeing up other courts to handle other cases. Read & RT:

Making Business Our Business

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitte...

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Fighting lawsuit abuse keeps our courts fair and our economy strong. Learn more →

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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Texans for Lawsuit Reform
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