N.J. Admin. Code § 13:44H-8.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44H-8.7 - Use of testimonials

(a) An advertisement containing a lay or expert testimonial shall be based upon the testimonial-giver's personal knowledge or experience obtained from a client-provider relationship with the licensee.

(b) Prior to using the testimonial, the licensee shall obtain a signed, notarized statement and release indicating the testimonial-giver's willingness to have his or her testimonial used it the advertisement.

(c) A layperson's testimonial shall not attest or comment upon any technical matter beyond the layperson's competence.

(d) An expert testimonial shall be rendered only by an individual possessing specialized expertise sufficient to allow the rendering of a bona fide statement or opinion.

(e) A licensee shall be able to substantiate any objective, statement of fact appearing in a testimonial. The failure to do so, if required by the Board, may be deemed professional misconduct by the Board.

(f) Where an advertiser directly or indirectly provides compensation to a testimonial-giver, the fact of such compensation shall be conspicuously disclosed in a legible and readable manner in any advertisement in the following language or its substantial equivalent:

"COMPENSATION HAS BEEN PROVIDED FOR THIS TESTIMONIAL."

N.J. Admin. Code § 13:44H-8.7