Orlando firm accused of deceptive advertising practices and unfair competition
Morgan & Morgan – a national plaintiffs' law firm based in Orlando, Florida – has asked an Arkansas federal court to dismiss a lawsuit filed against it by a personal injury lawyer.
Morgan & Morgan’s television ads in Arkansas included disclaimers like “dramatization” and “actual client.” The complaint brought by Jody Shackelford, a personal injury lawyer, alleged that these disclaimers deceived consumers by implying compliance with local advertising regulations, said an article by Reuters.
Shackelford’s suit claimed that the firm violated Federal Communications Commission rules, which prohibited false or misleading advertising, Reuters also said. These practices allegedly diverted potential Arkansas clients away from local law firms and attorneys and gave Morgan & Morgan an unfair advantage.
Morgan & Morgan spokesperson Dave Falkenstein said that the complaint was “meritless and will be dismissed” in a statement relating to the lawsuit, Reuters reported.
Morgan & Morgan asked the court to reject the claims for lack of jurisdiction and also denied breaching the rules, the article said. The firm argued that Shackelford failed to show any actual injury and lacked a private right of action under the state’s attorney professional conduct rules and under the Federal Trade Commission Act, the article added.
The firm also contended that the Arkansas attorney professional conduct rules, which were enforced by the state’s Supreme Court, aimed to safeguard consumers and not to shield lawyers from competition, Reuters said in the article.
Reuters reported that Shackelford said that he was “ready to dig in and respond.”
Shackelford’s complaint is not the first time Morgan & Morgan has faced allegations over its advertising, Reuters said. In 2017, a personal injury firm filed a similar suit against Morgan & Morgan in Pennsylvania, which alleged that Morgan & Morgan’s local ads misled consumers regarding its work in that state, Reuters added.
Morgan & Morgan also requested the dismissal of that proceeding, Reuters said. In 2018, that case was dropped, Reuters noted.
The firm’s marketing tactics have included spending almost $240 million on television ads and $40.3 million on digital ads in 2023, said the U.S. Chamber of Commerce Institute for Legal Reform, based on data from advertisement analytics firms Tunnl and Sensor Tower, Reuters said.
