Informal Opinion Number: 970238
QUESTION: Attorney´s firm would like to have a few of their clients give out coupons to their customers in mailers that would be sent by the business. Some would also place them in their business. Attorney´s firm will not be paying for them to be distributed. Does the use of these coupons violate the rule relating to advertising? Are there any other rules that would restrict the use of these coupons? ANSWER: Attorney has not indicated whether Attorney has given or will give anything of value to the businesses that will distribute the coupons in exchange for their distribution. It would not violate Rule 4 dash–7.2(c) if Attorney only pays for the expense of the actual coupons. If Attorney has any understanding with these businesses that they will receive anything of value from Attorney, including but not limited to, discounts, waiver of fees, referrals to those businesses, the arrangement would violate Rule 4 dash–7.2(c). Other details regarding the manner of distribution could indicate problems with other rules. When third parties distribute the advertising it is not possible to give a definite opinion about the propriety of the manner of distribution.
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