{"id":41724,"date":"2021-09-03T06:07:56","date_gmt":"2021-09-03T13:07:56","guid":{"rendered":"https:\/\/www.goodtherapy.org\/blog\/?p=41724"},"modified":"2026-02-13T19:57:38","modified_gmt":"2026-02-14T00:57:38","slug":"truth-in-advertising","status":"publish","type":"post","link":"https:\/\/www.goodtherapy.org\/blog\/Truth-in-Advertising","title":{"rendered":"Truth in Advertising"},"content":{"rendered":"

\"GoodTherapy<\/p>\n

by Connor D. Jackson, JD<\/a><\/p>\n

Connor D. Jackson is a healthcare attorney based in Chicago who serves independent practices in several states. Visit his firm\u2019s website here<\/a>.<\/span><\/em><\/p>\n

Truth In Advertising: Avoid These Land Mines When Marketing Your Therapy Practice<\/span><\/h1>\n

With the explosion of digital marketing<\/a>, mental health professionals have more outlets than ever to promote their services. And when trying to drum up new clients, it\u2019s natural to focus on using the medium, message, and imagery to stand out from competitors.\u00a0<\/span><\/p>\n

But federal law and state practice acts don\u2019t favor creativity or persuasiveness in marketing. Instead, they demand accuracy and transparency. We discuss the constraints that you need to understand when creating your public profile.<\/span><\/p>\n

The Legal Definition of \u201cAdvertising\u201d<\/span><\/h2>\n

Under the law, restrictions on advertising and marketing cover a broad scope of activities. Advertising refers to any public communication designed to attract business. Therefore, it includes websites, directories, author\/speaker bios, business cards, online map listings, and everyday social media posts. In short, anything that potential clients can use to form an understanding of your services or qualifications falls under this term.<\/span><\/p>\n

Representing Credentials<\/span><\/h2>\n

The <\/span>American Counseling Association (ACA) Code of Ethics<\/span><\/a> and <\/span>American Psychological Association (APA) Ethical Principles<\/span><\/a> prohibit members from directly or implicitly misrepresenting their qualifications. Counselors and psychologists cannot misstate their training, education, accreditation, or association membership status. Trainees and supervisees must disclose their status as such.<\/span><\/p>\n

Though state practice acts vary in precise terminology, they mirror the ACA’s and APA\u2019s prohibitions against false titles or credentials. It\u2019s never acceptable to fudge your qualifications or imply that you have a degree or professional credential that you lack.<\/span><\/p>\n

In <\/span>California<\/span><\/a>, for example, unless you are a Licensed Marriage and Family Therapist (LMFT), you should not advertise you can do \u201cmarriage consulting,\u201d nor should you advertise you perform similar services to an LMFT.\u00a0 Similarly, California mandates that unlicensed associates disclose that they are a supervised entity in all advertisements and not use any degree credentials.\u00a0\u00a0\u00a0<\/span><\/p>\n

It\u2019s crucial to stay abreast of your state\u2019s most current terminology. Take Colorado\u2019s nomenclature for unlicensed psychotherapists that are listed in the state\u2019s registry. Until recently, they were called \u201cregistered psychotherapists.\u201d\u00a0 However, to potential clients, the term sounded like full licensure. In response, Colorado <\/span>recently changed the title to \u201cunlicensed psychotherapist\u201d<\/span><\/a> and sunsetted the older term.\u00a0<\/span><\/p>\n

Washington provides a similar example of shifting terminology. In the early 2000s, Washington legislators created a \u201cregistered counselor\u201d category as a catch-all for anyone who had not attained the master\u2019s degree and thousands of clinical hours required for full licensure.<\/span><\/p>\n

However, in 2008, after <\/span>a <\/span>Seattle Times <\/span><\/i>expos\u00e9<\/span><\/a> alerted the public to substandard care and sexual misconduct by untrained, poorly vetted Registered Counselors, Washington dropped the category. Today, anyone practicing therapy in Washington without full licensure must represent themselves as unlicensed and may not advertise or operate a \u201ccounseling\u201d practice.<\/span><\/p>\n

On the flip side, understating credentials also creates problems. For example, licensed<\/span> professionals should never advertise clinical therapy as \u201ccoaching\u201d to evade state laws<\/span><\/a>. It doesn\u2019t work \u2014 the laws will still apply!<\/span><\/p>\n

Representing Products and Services<\/span><\/h2>\n

The <\/span>Federal Trade Commission Act (FTCA<\/span><\/a>) demands all claims be truthful and not misleading. In the context of health advertising, this means the Federal Trade Commission (FTC) will evaluate what express or implied claims are conveyed to consumers and whether reliable scientific evidence supports these claims.\u00a0<\/span><\/p>\n

In evaluating the implied claims, the FTC looks to the \u201cnet impression.\u201d The FTC asks, \u201cBased on what the public generally understands the expressions in the advertisement to mean, is the ad truthful?\u201d<\/span><\/p>\n

The FTC also requires that information be presented clearly to avoid confusion. Thus, the FTC views omissions, such as not disclosing when clients receive payment for testimonials, as misrepresentations. Disclosures and disclaimers must be clear and conspicuous, not buried in the fine print or obscured by technical language that the typical consumer will not understand.<\/span><\/p>\n

False, deceptive, or misleading claims are not solely the purview of federal law. Many <\/span>state practice acts<\/span><\/a> prohibit making scientific claims that are not substantiated by reliable, scientific evidence.\u00a0<\/span><\/p>\n

To stay compliant with federal and state laws,\u00a0<\/span><\/p>\n