Advertising by Consumer Bankruptcy Attorneys after BAPCPA

Posted: 19 Jan 2007

See all articles by Gary Neustadter

Gary Neustadter

Santa Clara University - School of Law

Date Written: March 2, 2007


Section 528 of the Bankruptcy Code ("Code"), added to the Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), requires that debt relief agencies disclose specified information in certain advertising directed to the general public. Many consumer bankruptcy attorneys have not yet attempted to comply with the advertising disclosure requirements in their Yellow Pages advertising or on their web sites and some attempts to comply fall short of the statutory requirements either for lack of required language or for failure to disclose the required information conspicuously. This article summarizes data in support of these conclusions, gathered from a review of advertising by consumer bankruptcy attorneys in fifty-one AT & T Yellow Pages directories published online after the April 2005 enactment of BAPCPA and from a review of some web sites to which some of those advertisements referred. This article also provides examples of complying, possibly complying, and non-complying advertisements, speculates about the possible reasons for non-compliance, discusses the possible consequences of non-compliance, and highlights some of the legal and practical issues posed by application of the statutory requirements to Yellow Pages and web site advertising. This article will first appear in the 2007 edition of Norton Annual Survey of Bankruptcy Law, published by Thomson/West, and this abstract is reproduced with the consent of the copyright holder, West Services, Inc.

Keywords: BAPCPA, attorney advertising, debt relief agency, consumer bankruptcy attorney

Suggested Citation

Neustadter, Gary, Advertising by Consumer Bankruptcy Attorneys after BAPCPA (March 2, 2007). Santa Clara Univ. Legal Studies Research Paper No. 07-22, Available at SSRN: or

Gary Neustadter (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States


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