IDFPR Says Voucher Advertising Is Not Fee-Splitting If Advertising Fee Is Reasonable and Required Disclosures Are Made
On April 10th, the Illinois Department of Financial and Professional Regulation (the “IDFPR”) issued a position statement concluding that, under Illinois law, voucher advertising (also known as social coupon advertising), like that provided by Groupon and Living Social, does not constitute unethical fee-splitting or a prohibited solicitation or referral fee, as long as two conditions are satisfied:
1. The negotiated fee paid for the voucher advertising constitutes reasonable compensation for the cost of that advertising; and
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