Title 10, Chapter 1, Section 427
( 10-1-427)
(a) No person, firm, corporation, or association or any employee
thereof, with intent directly or indirectly to perform legal
services or to do anything of any nature whatsoever to induce the
public to enter into any obligation relating thereto, shall make or
disseminate or cause to be made or disseminated before the public in
this state, in any newspaper or other publication, radio,
television, or advertising device or by public outcry or
proclamation or any other manner or means whatever, any statement
concerning such legal services or concerning any circumstances or
matter of fact connected with the proposed performance thereof which
is untrue, fraudulent, deceptive, or misleading and which is known
or which by the exercise of reasonable care should be known to be
untrue, fraudulent, deceptive, or misleading. (b) Nothing in this Code section shall apply to any visual or sound
broadcasting station or to any publisher or printer of a newspaper,
magazine, or other form of printed advertising who broadcasts,
telecasts, publishes, or prints such advertisement in good faith
without knowledge of its false, fraudulent, deceptive, or misleading
character. (c) The Governor's Office of Consumer Affairs is authorized and
empowered, upon the receipt of a complaint or upon its own
initiative, to investigate any advertising which might be in
violation of subsection (a) of this Code section. If the office
determines that any advertising is in violation of subsection (a) of
this Code section, it is authorized and empowered, after providing
the offender with reasonable notice and an opportunity for a
hearing, to issue a public reprimand, to issue a cease and desist
order against the offender, to report any such action to any board,
agency, commission, association, or other entity governing or
supervising the legal profession, and to publicize any such action
in a medium or media likely to reach the recipients of the improper
advertising. Any person against whom the office issues an adverse
decision may, as his sole remedy in equity or at law, seek a
restraining order against such adverse decision in the superior
court. (d) Any person who violates a cease and desist order issued pursuant
to subsection (c) of this Code section shall be guilty of a
misdemeanor in the county in which such person resides. Nothing in
this subsection shall prohibit any board, agency, commission,
association, or other entity governing or supervising the legal
profession from taking any lawful action against such person as a
result of such improper practices. Each publication of an
advertisement in violation of any such cease and desist order shall
constitute a separate offense. |