Federal ad rules on top of your state bar

Some ad rules come from federal law and apply in every state, on top of your bar’s rules. As of October 25, 2026, they matter most for bankruptcy, immigration, disability and VA firms. They also cover any firm that texts people or asks for reviews.

Key facts

• Bankruptcy-help ads must use “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” or a substantially similar statement (11 U.S.C. §528, read October 25, 2026).
• The Supreme Court held in 2010 that “attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies” (Milavetz v. United States).
• Immigration practitioners can be disciplined for a “false or misleading communication about his or her qualifications or services” (8 CFR 1003.102(f)).
• The SSDI fee agreement cap is the lesser of 25 percent of past-due benefits or $9,200, for favorable decisions on or after November 30, 2024 (SSA).
• No unsolicited contact about an injury claim is allowed before the 45th day after an air-carrier or passenger-rail accident (49 U.S.C. §1136, §1139).
• The FTC’s review rule went into effect on October 21, 2024 and lets courts impose civil penalties for knowing violations (FTC).

Which federal rules apply to lawyer ads?

Federal rules reach lawyer ads in two ways. Some laws apply to anyone who advertises a kind of service, such as bankruptcy help, government benefits help, calls and texts, or reviews. Others are conduct rules for lawyers who practice before a federal agency, like immigration courts, the Social Security Administration or the VA. Both apply on top of your state bar’s rules.

Of the seven rules in this table, four apply only to certain practices, and three apply to every firm that calls, texts or asks for reviews.

What must a bankruptcy lawyer’s ad say?

A bankruptcy ad aimed at the general public must say, clearly and conspicuously, that the services are about bankruptcy relief, and must use this statement or a substantially similar one: “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” This applies to lawyers, the Supreme Court held in 2010.

Section 528 covers ads “whether in general media, seminars or specific mailings, telephonic or electronic messages, or otherwise” (11 U.S.C. §528(a)), so online ads count too. A second part, §528(b)(2), reaches ads aimed at people with debt problems that don’t mention bankruptcy, such as ads about debt collection pressure or “inability to pay any consumer debt.” Those ads must disclose that “the assistance may involve bankruptcy relief” and carry the same statement.

In Milavetz v. United States (2010), the Court held that “attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies” and upheld the disclosure requirement as applied to them (Milavetz).

Copy-ready lines for bankruptcy ads

Ad platforms add their own rules for debt and financial ads on top of this. Our ad-platform policy tracker keeps them dated and sourced.

What federal rules apply to immigration lawyers’ ads?

Lawyers and accredited representatives who practice before the immigration courts or the Board of Immigration Appeals can be disciplined under 8 CFR 1003.102 for a “false or misleading communication about his or her qualifications or services.” DHS disciplines practitioners on the same grounds under 8 CFR 292.3. These apply on top of your state bar.

What 8 CFR 1003.102 says about marketing:

• Misleading claims. A communication is false or misleading if it misstates a fact or law, omits a fact needed to keep it from misleading, or “contains an assertion about the practitioner or the practitioner’s qualifications or services that cannot be substantiated” (§1003.102(f)).
• Specialist claims. A practitioner may not claim to be certified as an immigration specialist unless “such certification is granted by the appropriate state regulatory authority” or a body that authority approved (§1003.102(f)).
• Solicitation. In-person or live phone solicitation, or the use of runners, is barred where there’s no family or prior professional relationship and a significant motive is the practitioner’s pecuniary gain (§1003.102(d)).
• Written solicitations. They carry “advertising material” on the outside of the envelope and at the start and end of any recording, and they may not be handed out in or around a building that houses an immigration court (§1003.102(d)).

DHS’s rule says it may discipline “any practitioner who falls within one or more of the categories enumerated in 8 CFR 1003.102” (8 CFR 292.3). Google’s new government-documents policy adds a platform layer for visa and benefits ads; see our note on the October 2026 policy and our immigration marketing guide.

What rules apply to Social Security disability ads?

Two federal rules matter. SSA’s conduct rules bar representatives from misleading a claimant “regarding benefits or other rights,” including about “the representative’s services and qualifications.” A separate law, 42 U.S.C. §1320b-10, bars using Social Security names or symbols in an ad in a way that could suggest SSA approves or endorses it.

From 20 CFR 404.1740(c), a representative must not:

• “Threaten, coerce, intimidate, deceive or knowingly mislead a claimant, or prospective claimant or beneficiary, regarding benefits or other rights under the Act,” which “includes misleading a claimant … about the representative’s services and qualifications”;
• make “false or misleading oral or written statements” about a material fact or law in a matter within SSA’s jurisdiction;
• charge or collect a fee in violation of law, which “includes soliciting any gift or any other item of value, other than what is authorized by law.”

42 U.S.C. §1320b-10 covers ads of every kind, “including any internet or other electronic communication.” It bars words like “Social Security” or “Social Security Administration,” and the agency’s symbols, used in a way that could convey “the false impression that such item is approved, endorsed, or authorized by the Social Security Administration.” A disclaimer doesn’t fix it: the law says the test applies “without regard to any inclusion in such item … of a disclaimer of affiliation with the United States Government.”

Say this, not this

The fee cap, for planning only. Under the fee agreement process, a fee can’t exceed the lesser of 25 percent of past-due benefits or a dollar cap (42 U.S.C. §406(a)(2)(A)). SSA says “the current maximum fee amount allowed is $9,200 when a favorable decision is issued on or after November 30, 2024” (SSA), and its May 6, 2025 notice says “the $9,200 fee cap will remain in effect” (Federal Register). The cap limits what a new SSDI client can be worth to your firm, so it sets the ceiling on what an ad can sensibly cost per signed case (a new client who hired you).

What rules apply to VA disability ads?

VA-accredited agents and attorneys follow 38 CFR 14.632. It bars them from misleading, threatening, coercing or deceiving “a claimant regarding benefits or other rights under programs administered by VA,” and from fraud, deceit or misrepresentation. Attorneys must also follow the professional conduct rules of every state where they are licensed.

The rule’s text, from 38 CFR 14.632:

• No conduct “involving fraud, deceit, misrepresentation, or dishonesty” (§14.632(c)(3)).
• No misleading, threatening, coercing or deceiving “a claimant regarding benefits or other rights under programs administered by VA” (§14.632(c)(8)).
• No agreements for gifts “related to services for which a fee could not lawfully be charged” (§14.632(c)(6)).
• An attorney “shall not … engage in behavior or activities prohibited by the rules of professional conduct of any jurisdiction in which the attorney is licensed to practice law” (§14.632(d)).

Timing matters for ads too. Under 38 CFR 14.636(c), agents and attorneys may charge for representation only “after an agency of original jurisdiction has issued notice of an initial decision” on the claim. An ad that promises paid help with a first VA claim promises something the fee rule limits. For VA’s own fee approach: fees of 20 percent or less of past-due benefits “shall be presumed to be reasonable” when the representation continued through the award, and fees above 33 1/3 percent are presumed unreasonable (§14.636(f)).

How long must lawyers wait after a plane or train crash?

Federal law bars unsolicited contact about a personal injury or wrongful death claim “before the 45th day following the date of the accident.” It covers air-carrier accidents and passenger-rail accidents, in every state, and it reaches the lawyer’s “associate, agent, employee, or other representative.”

The air rule is 49 U.S.C. §1136(g)(2); the rail rule is 49 U.S.C. §1139. The rules cover unsolicited contact with an injured person or a relative. They don’t stop general ads, but any targeted message, letter, text or call to victims or families is out for 45 days. Many states add their own waiting periods for other accidents; our state rules library lists the states with one.

What federal rules apply to every firm?

Three federal rules reach every practice. The TCPA rules govern marketing calls and texts. The FTC’s review rule bans fake reviews and sentiment-based incentives. And the Federal Tort Claims Act caps lawyer fees in claims against the federal government, which matters if you advertise for those cases.

• Calls and texts. Autodialed or prerecorded marketing calls and texts to cell phones need “the prior express written consent of the called party” (47 CFR 64.1200). Requests to revoke consent “must be honored within a reasonable time not to exceed ten business days from receipt of such request” (same source).
• Reviews. The FTC’s rule bans giving “compensation or other incentives in exchange for, or conditioned expressly or by implication on, the writing or creation of consumer reviews expressing a particular sentiment” (16 CFR 465.4). It took effect October 21, 2024 and “authorizes courts to impose civil penalties for knowing violations” (FTC). See gifts for Google reviews for how it sits next to bar opinions and Google’s own policy.
• Federal tort claims. Fees may not exceed 25 percent of a judgment or court settlement, or 20 percent of an administrative award or settlement (28 U.S.C. §2678). An ad that promises a lower fee is fine; one that implies a higher one isn’t.

What this means for your firm

• Add the federal line to your ad checklist. Bankruptcy, immigration, SSDI and VA ads each need one more check before they run, on top of your state’s rules.
• Make it look like your firm, not the government. Your name and logo first, no seals or agency colors, and plain words about what you do.
• Pause targeted outreach after a crash. For air and rail accidents, nothing targeted for 45 days, including texts and letters from anyone working for you.

We handle these federal and state ad rules for you, in Google ads and on the pages that get your firm found on Google and in AI answers. See where your firm stands, or get a free review of your current ads.

Last reviewed October 25, 2026 by the Probative editorial team. Marketing information, not legal advice. Confirm every rule with your state bar and your own counsel before you run an ad.

Data and state pages. Federal rules sit on top of your bar’s. Find your state on the state rules pages, and read bar opinions in the ethics opinions dataset.