1. Law – Based on a landmark 1977 case (Bates v. State Bar of Arizona, 433 U.S. 350, 377), in 1988, the American Bar Association (ABA) issued its Aspirational Goals for Lawyer Advertising. It offers “essential ideas on how lawyers can advertise in an effective yet appropriate fashion.” Beyond industry ethics, you may also need to follow laws in the state where a firm or organization practices, apart from any content or privacy rules.
2. Real estate – The National Association of REALTORS® has its own Code of Ethics & Standards of Practice for its residential real estate agents. They include advertising guidelines. Beyond the federal Fair Housing Act requirements, REALTORS® may also need to meet state and local fair housing laws.
3. Senior living communities – The Fair Housing Institute effectively summarizes terms these communities can use in their advertising to comply with the federal Fair Housing Act. Like real estate agencies, these residences should also comply with the Housing and Urban Development’s Fair Housing Advertising, Part 109 rules.
4. Health care – The Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996, was intended to “improve the efficiency and effectiveness of the health care system” and includes protections for the privacy of health information. What does this have to do with marketing or advertising? If you run a health care organization, you need to get permission before you gather information. Among the steps to take, you should remove any personally identifiable information. This extends to testimonials and reviews posted publicly, which shouldn’t include the patient’s name or the specific nature of any health issues they disclose. Violations can lead to severe fines.
5. Advertising in general – The Federal Trade Commission has published several advertising and marketing rules. “Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply.” They cover such issues as:
- advertising to children
- standards for endorsements and testimonials
- online advertising (including COPPA, the Children’s Online Privacy Protection Act and the CAN-SPAM Act for commercial emails)
- telemarketing
- claims in ads regarding health, the environment, and “Made in the USA.”
Which rules do you need to follow in your writing? Feel free to comment below.
Need help complying with industry guidelines in your content writing? Contact me.
Quotes
“Following the rules of your industry will only get you so far.” ~ Max McKeown
“There are rules to everything, even if nobody made them up, even if nobody calls it a game. And if you want things to work out well, it’s best to know the rules and only break them if you’re playing a different game and following those rules.” ~ Orson Scott Card
Published October 5, 2021
