The Committee on Labor, Commerce and Industry proposes the following amendment (LC-821.SA0001S):
Amend the bill, as and if amended, SECTION 1, by striking Section 39-5-39(B) and inserting:
(B) Notwithstanding another provision of law, it is an unlawful trade practice, pursuant to Section 39-5-20, for an attorney to advertise his a person or entity, including a third-party generator or referral service, to create, sponsor, finance, or disseminate advertising for legal services in this State in a false, deceptive, or misleading manner including, but not limited to, the use of a nickname that creates an unreasonable expectation of results.Amend the bill further, SECTION 1, by striking Section 39-5-39(E) and (F) and inserting:
(E) Any advertising for legal services, in whatever form or medium, must disclose clearly and conspicuously, in close proximity and in a similar size, the identity of the attorney or law firm that will be primarily responsible for the client's representation or a clear explanation of how the matter will be referred to an attorney or law firm.(E)(F) A violation of subsections (C), or (D), or (E) constitutes an unfair trade practice enforceable exclusively by the Department of Consumer Affairs who shall seek both monetary and injunctive relief.
(F)(G) A violation of this section does not create any private cause of action for a violation of this section.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.Renumber sections to conform.
Amend title to conform.