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Today the stork dropped off a special surprise for 31 adoption intermediaries: letters from FTC staff warning them to play by the rules. These letters note that adoption intermediaries, or businesses that claim to match adoptive parents with birth parents for private adoptions, may break the law by saying they’re licensed when they aren’t, making promises they can’t keep, or trying to prevent people from posting honest reviews. The letters tell the intermediaries to take a close look at their business practices and make any necessary changes, or be ready to face the consequences.

Are you an adoption intermediary that didn’t receive a letter? Don’t assume you’re in the clear. Take this opportunity to do your own compliance checkup.

Check your ads for deception.  Your ad is deceptive if it’s likely to mislead adoptive or expectant parents acting reasonably. For example, if you call yourself an adoption agency in a paid Google ad, that may lead people to think your business is a licensed, child-placing adoption agency. Even if your website later explains that your business isn’t a licensed agency, the damage may already be done.

Make sure you can back up your claims. It’s advertising law 101: never make a claim without a reasonable basis. For example, don’t promise short adoption placement times or financial assistance if you can’t prove those are typical for families working with you.

Don’t try to block honest reviews. The Consumer Review Fairness Act makes it illegal to require your customers to sign contracts that prohibit or punish them for posting negative reviews. Let people review your business freely.

Be aware of all laws that apply. You must comply with the laws the FTC enforces. But, when it comes to adoption-related services, remember that state laws also apply. A careful compliance check today will help people trust your business and save time and costs tomorrow.

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