ET Section 502 - Advertising and Other Forms of Solicitation 

    .01 Rule 502—Advertising and other forms of solicitation.

    A member in public practice shall not seek to obtain clients by advertising or other forms of solicitation in a manner that is false, misleading, or deceptive. Solicitation by the use of coercion, over-reaching, or harassing conduct is prohibited.

    [As adopted January 12, 1988.]

    Interpretations under Rule 502

    —Advertising and Other Forms of Solicitation

    [.02] [502-1]—[Deleted]


    .03 502-2—False, misleading or deceptive acts in advertising or solicitation.

    Advertising or other forms of solicitation that are false, misleading, or deceptive are not in the public interest and are prohibited. Such activities include those that—

    1. Create false or unjustified expectations of favorable results.
    2. Imply the ability to influence any court, tribunal, regulatory agency, or similar body or official.
    3. Contain a representation that specific professional services in current or future periods will be performed for a stated fee, estimated fee or fee range when it was likely at the time of the representation that such fees would be substantially increased and the prospective client was not advised of that likelihood.
    4. Contain any other representations that would be likely to cause a reasonable person to misunderstand or be deceived.

    [Revised, November 30, 1990, by the Professional Ethics Executive Committee.]

    [.04] [502-3]—[Deleted]


    [.05] [502-4]—[Deleted]


    .06 502-5—Engagements obtained through efforts of third parties.

    Members are often asked to render professional services to clients or customers of third parties. Such third parties may have obtained such clients or customers as the result of their advertising and solicitation efforts.

    Members are permitted to enter into such engagements. The member has the responsibility to ascertain that all promotional efforts are within the bounds of the Rules of Conduct. Such action is required because the members will receive the benefits of such efforts by third parties, and members must not do through others what they are prohibited from doing themselves by the Rules of Conduct.


    .07 502-6—Use of the CPA Credential.

    A member should refer to applicable state accountancy laws and board of accountancy rules and regulations for guidance regarding the use of the CPA credential. A member who fails to follow the accountancy laws, rules, and regulations regarding the use of the CPA credential in all the jurisdictions in which the CPA practices would be considered to have used the CPA credential in a manner that is false, misleading, or deceptive and in violation of Rule 502 [sec. 502 par. .01].


    [Added March 2013, effective May 31, 2013.].

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