Debt relief agency advertising rules come from 11 U.S.C. § 528, which requires consumer bankruptcy ads directed to the general public to clearly and conspicuously disclose that the services involve bankruptcy relief and to include the statement “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” or a substantially similar statement. Bankruptcy attorneys who help consumer debtors for pay are covered. The Supreme Court confirmed that in 2010.
This page explains which ads trigger the rule, how firms handle it on channels with tight character limits, and how §§ 526 and 527 fit around it. It's a marketing guide, not legal advice, and your state bar's advertising rules apply on top of the federal ones.
What § 528 Requires in Debt Relief Agency Advertising
Section 528(a) puts two advertising obligations on a debt relief agency. Any advertisement of bankruptcy assistance services, or of the benefits of bankruptcy, directed to the general public must:
- clearly and conspicuously disclose that the services or benefits are with respect to bankruptcy relief under Title 11, and
- clearly and conspicuously use the statement “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.” or a substantially similar statement.
The statute reaches ads in general media, seminars, specific mailings, telephonic or electronic messages and “otherwise.” In practice, read that as every channel you use: search ads, your website, social posts, video, radio, mailers and email.
“Substantially similar” gives some room. It doesn't tell you how much. The full statement runs about 97 characters, which matters on platforms where a description line is capped at 90.
Are Bankruptcy Lawyers Really Debt Relief Agencies?
Yes, for consumer work. In Milavetz, Gallop & Milavetz, P.A. v. United States (2010), the Supreme Court held that attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies and upheld the § 528 disclosure requirements as applied to them.
Two definitions do the work. A “debt relief agency” under § 101(12A) is generally anyone who provides bankruptcy assistance to an assisted person for payment. An “assisted person” under § 101(3) is someone whose debts are primarily consumer debts and whose non-exempt property falls under a dollar threshold that's adjusted periodically. If your practice is consumer Chapter 7 and Chapter 13, assume you're covered. A purely business-bankruptcy practice may not be, but that's a question for your own analysis, not a marketing guide.
Which Ads Trigger the Disclosure
More ads trigger § 528 than most firms assume, because § 528(b) widens the definition beyond ads that say “bankruptcy.”
- Repayment-plan language. Ads describing bankruptcy assistance with a Chapter 13 plan count even if Chapter 13 isn't named, including phrases like “federally supervised repayment plan” or “Federal debt restructuring help.”
- Problem-based ads. Ads indicating that you help with credit defaults, mortgage foreclosures, eviction proceedings, excessive debt, debt collection pressure, or inability to pay consumer debt must disclose that the help may involve bankruptcy relief and include the statement.
- Benefit ads. “Stop the calls,” “wipe out credit card debt,” “fresh start” ads are advertising the benefits of bankruptcy.
That second bullet is the one firms miss. A “Stop Wage Garnishment” or “Facing Foreclosure?” ad that never mentions bankruptcy is still covered. See our guides on garnishment and repossession marketing and foreclosure bankruptcy marketing for how those campaigns are built.
How Firms Handle It Channel by Channel
Most of the practical difficulty is fitting a 97-character statement into formats built for short copy. Here's how firms commonly approach each channel. None of these is a safe harbor.
| Channel | Where the statement goes | Practical note |
|---|---|---|
| Google search ads | A description line, plus the landing page | Full text exceeds one 90-character description; firms split it or use a shortened version they judge substantially similar |
| Local Services Ads | Limited control over ad text | Make sure your profile and site carry it; ask how your counsel views LSA formats |
| Google Business Profile | Business description; posts that promote services | Posts are public advertising too |
| Website | Visible on every page (header, near CTAs, or footer at readable size) | Tiny gray footer text is hard to call conspicuous |
| Video and radio | Spoken or on-screen, at a pace a viewer can follow | A 0.5-second flash at the end invites argument |
| Social posts and reels | In the caption or on-screen text | Boosted posts are ads directed to the public |
| Direct mail and email | In the body, near the offer | State rules on targeted solicitation also apply |
If you're unsure whether a shortened version is “substantially similar,” use the full statement. Losing a few characters of ad copy costs you less than defending a disclosure you trimmed to save space. Our attorney advertising compliance guide covers the state-bar side that sits on top of this.
Section 526: What Your Ads Can't Say
Section 526(a) prohibits a debt relief agency from making untrue or misleading statements (or statements that should have been known to be untrue or misleading with reasonable care), from misrepresenting the services it will provide or the benefits and risks of bankruptcy, and from failing to perform services it told a client it would perform. Ad copy that tends to cause trouble:
- “Keep everything” or “lose nothing” without qualification.
- “Guaranteed discharge” or “stop foreclosure guaranteed.”
- “$0 to file” when there's a court filing fee or a post-filing fee the client will owe.
- “Your credit will be fine” or anything that understates the effect on credit.
Section 526(c) gives the client remedies, including voiding the contract and recovering fees and damages, and allows state attorneys general and courts to act. Section 526(a)(4) also restricts advising clients to take on more debt in contemplation of bankruptcy; Milavetz read that provision narrowly, but it's still a reason not to run copy that sounds like “max out your cards, then file.”
The § 526 rules overlap with ABA Model Rule 7.1 on false or misleading communications, and your state's version may be stricter. Superlatives like “best bankruptcy lawyer” are a problem under many state rules regardless of federal law.
After the Ad: §§ 527 and 528(a) Paperwork
Once a prospect responds, a separate set of deadlines starts. These affect intake design more than advertising, but they're part of the same statutory package. Section 527 requires certain written notices to the assisted person within three business days after you first offer bankruptcy assistance services. Section 528(a) requires a written contract explaining the services and fees within five business days after you first provide services, and before the petition is filed.
If your intake runs online booking or a same-day consult, make sure the notices go out automatically. The bankruptcy intake prescreening guide covers where they fit in the call flow.
Not sure your ads carry the right disclosure?
We'll check your Google Ads, GBP and website for the § 528 statement and obvious § 526 problems, and flag anything your counsel should review. Free, no contract.
A Ten-Minute Self-Audit
Search your own ads
Open Google Ads, export every active ad and search the text for “debt relief agency.” Any ad without it, including foreclosure and garnishment ads, goes on the fix list.
Check every landing page
Load each page on a phone. Can you see the statement without hunting? Is it legible?
Review GBP and social
Read your business description and recent posts. Promotional posts need it too.
Scan for risky claims
Search copy for “guarantee,” “$0,” “keep everything,” “best.” Rewrite or qualify each one.
Confirm intake notices
Make sure the § 527 notices and § 528(a) contract go out on time from your intake system.
If you'd rather hand the ad side off, our Google Ads management service builds the disclosure into every bankruptcy ad from the start. You can also see how it sits on a full site in the sample bankruptcy website designs.
Frequently Asked Questions
Under 11 U.S.C. § 528, consumer bankruptcy ads directed to the public must clearly and conspicuously include “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code” or a substantially similar statement, along with a disclosure that the services involve bankruptcy relief. When in doubt about shortened versions, use the full text.
Attorneys who provide bankruptcy assistance to assisted persons (people with primarily consumer debts under the statutory property threshold) for payment are debt relief agencies. The Supreme Court held this in Milavetz, Gallop & Milavetz v. United States (2010) and upheld the § 528 disclosure requirements. Business-only bankruptcy practices may be outside the definition.
Generally yes. Section 528(b) covers ads indicating help with mortgage foreclosures, credit defaults, evictions, excessive debt, debt collection pressure or inability to pay consumer debt. Those ads must disclose that the help may involve bankruptcy relief and include the debt relief agency statement or a substantially similar one.
The full statement is about 97 characters, longer than one 90-character description. Firms commonly split it across description text, add it to the landing page, or use a shortened version they believe is substantially similar. There's no published safe harbor for abbreviations, so decide that with your own ethics counsel.
Section 526(c) lets clients void the contract and recover fees and damages for certain violations, and allows state attorneys general and bankruptcy courts to take action, including injunctions and civil penalties. State bars can separately discipline misleading advertising. Fixing the disclosure is cheap compared with any of that.