The Commission will continue to review personal injury advertising and investigate those practitioners who have non-compliant advertising.
The approach previously taken by the Commission was that it would not be inclined to prosecute any non-compliance, unless it was of the view that the non-compliance was flagrant or deliberate, and provided of course that appropriate steps had been taken to rectify any defects.
However, as a result of an increasing number of practitioners failing to take appropriate steps to ensure that their websites and online advertising are PIPA compliant, the Commission will, in any subsequent investigations commenced after 31 May 2014, require responses from practitioners detailing what steps have been taken by them since receiving notification from the Commission to review their advertising and to achieve compliance.
If appropriate steps cannot be satisfactorily demonstrated then the Commissioner will consider if prosecution is warranted.
If you have any general queries about the Commission’s interpretation of the advertising restrictions contained in PIPA please contact the Legal Services Commission.