Must ads published prior to the revised Part VII, TDRPC, effective June 1, 2005 be filed again?
Sometimes. If an advertisement published prior to June 1, 2005 was compliant with the prior Rules and had been filed as required by Part 7.07, TDRPC (click here (pdf) to review the Rules), there advertisement is not required to be submitted for review again, unless the change in the ad is required to bring the advertisement into compliance with the new Rules. If the advertising lawyer determines that no modifications to the ad are necessary to comply with the Rules effective June 1, 2005, no filing is necessary. However, if challenged, the burden rests on the advertising attorney to demonstrate compliance. If the advertising lawyer alters a previously approved advertisement to attain compliance with the Rules, or for any other reason, and the change is substantive, the ad must be filed with a new application and fee (see question #2 for filing procedures). The ARC’s longstanding position that altered advertisements constitute new advertisements is in effect with this kind of modificati
