5430-5434
LABOR CODE
SECTION 5430-5434
5430. This chapter shall be known and may be cited as the Workers'
Compensation Truth in Advertising Act of 1992.
5431. The purpose of this chapter is to assure truthful and
adequate disclosure of all material and relevant information in the
advertising which solicits persons to file workers' compensation
claims or to engage or consult counsel or a medical care provider or
clinic to consider a workers' compensation claim.
5432. (a) Any advertisement which solicits persons to file workers'
compensation claims or to engage or consult counsel or a medical
care provider or clinic to consider a workers' compensation claim in
any newspaper, magazine, circular, form letter, or open publication,
published, distributed, or circulated in this state, or on any
billboard, card, label, transit advertisement or other written
advertising medium shall state at the top or bottom on the front side
or surface of the document in at least 12-point roman boldface type
font, except for any billboard which shall be in type whose letters
are 12 inches in height or any transit advertisement which shall be
in type whose letters are seven inches in height and for any
television announcement which shall be in 12-point roman boldface
type font and appear in a dark background and remain on the screen
for a minimum of five seconds and for any radio announcement which
shall be read at an understandable pace with no loud music or sound
effects, or both, to compete for the listener's attention, the
following:
NOTICE
Making a false or fraudulent workers' compensation claim is a
felony subject to up to 5 years in prison or a fine of up to $50,000
or double the value of the fraud, whichever is greater, or by both
imprisonment and fine.
(b) Any television or radio announcement published or disseminated
in this state which solicits persons to file workers' compensation
claims or to engage or consult counsel to consider a workers'
compensation claim under this code shall include the following spoken
statement by the announcer of the advertisement:
"Making a false or fraudulent workers' compensation claim is a
felony subject to up to 5 years in prison or a fine of up to $50,000
or double the value of the fraud, whichever is greater, or by both
imprisonment and fine."
(c) This chapter does not supersede or repeal any regulation which
governs advertising under this code and those regulations shall
continue to be in force in addition to this chapter.
(d) For purposes of subdivisions (a) and (b), the notice or
statement shall be written or spoken in English. In those cases where
the preponderance of the listening or reading public receives
information other than in the English language, the written notice or
spoken statement shall be in those other languages.
5433. (a) Any advertisement or other device designed to produce
leads based on a response from a person to file a workers'
compensation claim or to engage or consult counsel or a medical care
provider or clinic shall disclose that an agent may contact the
individual if that is the fact. In addition, an individual who makes
contact with a person as a result of acquiring that individual's name
from a lead generating device shall disclose that fact in the
initial contact with that person.
(b) No person shall solicit persons to file a workers'
compensation claim or to engage or consult counsel or a medical care
provider or clinic to consider a workers' compensation claim through
the use of a true or fictitious name which is deceptive or misleading
with regard to the status, character, or proprietary or
representative capacity of the entity or person, or to the true
purpose of the advertisement.
(c) For purposes of this section, an advertisement includes a
solicitation in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, or on any billboard, card, label, transit advertisement, or
other written advertising medium, and includes envelopes, stationery,
business cards, or other material designed to encourage the filing
of a workers' compensation claim.
(d) Advertisements shall not employ words, initials, letters,
symbols, or other devices which are so similar to those used by
governmental agencies, a nonprofit or charitable institution, or
other entity that they could have the capacity or tendency to mislead
the public. Examples of misleading materials include, but are not
limited to, those that imply any of the following:
(1) The advertisement is in some way provided by or is endorsed by
a governmental agency or charitable institution.
(2) The advertiser is the same as, is connected with, or is
endorsed by a governmental agency or charitable institution.
(e) Advertisements may not use the name of a state or political
subdivision thereof in an advertising solicitation.
(f) Advertisements may not use any name, service mark, slogan,
symbol, or any device in any manner which implies that the
advertiser, or any person or entity associated with the advertiser,
or that any agency who may call upon the person in response to the
advertisement, is connected with a governmental agency.
(g) Advertisements may not imply that the reader, listener, or
viewer may lose a right or privilege or benefits under federal,
state, or local law if he or she fails to respond to the
advertisement.
5434. (a) Any advertiser who violates Section 5431 or 5432 is
guilty of a misdemeanor.
(b) For the purposes of this chapter, "advertiser" means any
person who provides workers' compensation claims services which are
described in the written or broadcast advertisements, any person to
whom persons solicited by the advertisements are directed to for
inquiries or the provision of workers' compensation claims related
services, or any person paying for the preparation, broadcast,
printing, dissemination, or placement of the advertisements.