Guide to advertising requirements for regulated professions

Professions licensed by six boards within the S.C. Department of Labor, Licensing and Regulation have very specific requirements within their laws for advertisements.  We encourage newspapers not to give legal advice, but below are the specific requirements.  Advise advertisers to check with LLR or their own local attorney for details if there is a question.

Those professions, and their advertising requirements set by state law, are:

• Real estate advertisements must include the name of the company with which the licensee is affiliated.  This applies only to licensed agents…not to ads from individuals.
• Real estate appraisers must include their name, appraiser classification and license number in ads.
• Home inspectors must include their name, business name, address and license number in ads.
• Manufactured housing dealers, when including information in an ad related to financing, must include all of the following: the down payment, monthly payments, number of months financed for and APR.  It does not apply to rental properties.  This does not apply to individuals selling mobile homes.  (There is also a Federal Truth in Lending law about advertising credit terms, which basically says if you advertise any details about credit, you have to disclose other specific information.  This is a technical area and you should suggest that the advertiser consult with its attorney to be sure it is in compliance.  Again, don’t give legal advice to the advertiser.)
• Massage therapists must include their license number in advertisements.  (Our SCPA attorney believes this applies to therapeutic massage ads only.  LLR believes it applies to all types of massage.  Don’t give advice and refer them to their own attorney.  The newspaper has no responsibility to enforce this law…take the ad if you choose.)
• Auctioneer ads must clearly indicate that it is the ad of an auctioneer and must include name, address and license number of auctioneer conducting the sale.  Any ads by auctioneer apprentices must include the apprentice’s name, address, license number and the auctioneer-supervisor name, address and license number.  If a firm advertises, the firm’s license number and address must also be included in the ad.

Learn more from the S.C. Department of Labor, Licensing and Regulation’s Division of Professional and Occupational Licensing.

If you have any questions about an ad’s content or advertising rules, give SCPA a call at (803) 750-9561.