milavetz gallop milavetz et al argued december decided march bankruptcy abuse prevention consumer protection act bapcpa amended bankruptcy code define class bankruptcy professionals termed debt relief agenc ies class includes limited exceptions person provides bankruptcy assistance assisted person payment bankruptcy petition preparer ibid bapcpa prohibits professionals advis ing assisted person incur debt contemplation filing bankruptcy also requires disclose advertisements certain services services respect may involve bankruptcy relief identify debt relief agencies plaintiffs litigation law firm others collectively milavetz filed preenforcement suit seeking declaratory relief arguing milavetz bound bapcpa provisions therefore freely advise clients incur additional debt need make requisite disclosures advertisements district found debt relief agency include attorneys unconstitutional applied class professionals eighth circuit affirmed part reversed part rejecting district conclusion attorneys debt relief agenc ies upholding application disclosure requirements attorneys finding unconstitutional broadly prohibits debt relief agencies advising assisted persons incur additional debt contemplation bankruptcy even advice constitutes prudent prebankruptcy planning held attorneys provide bankruptcy assistance assisted persons debt relief agencies bapcpa definition bankruptcy assistance includes several services commonly performed attorneys providing advice counsel document preparation moreover enumerating specific exceptions definition congress indicated intent exclude attorneys see milavetz relies fact expressly include attorneys advocating narrower understanding reading bankruptcy petition preparer qualify implausibility given debt relief agency person provides bankruptcy assistance bankruptcy petition preparer ibid milavetz arguments excluding attorneys also unpersuasive pp section prohibits debt relief agency advising debtor incur debt debtor filing bankruptcy rather valid purpose statute language together purpose makes narrow reading natural one conrad rubin lesser pender supports conclusion case read authorized reexamination debtor attorney fees payment contemplation filing petition require portended bankruptcy induce transfer issue understanding inducement engender suspicion abuse identified controlling question whether thought bankruptcy impelling cause transaction ibid given substantial similarities controlling question latter likewise whether impelling reason advis ing assisted person incur debt prospect filing bankruptcy practice advice impelled prospect filing generally consist advice load debt expectation obtaining discharge statutory context supports conclusion prohibition primarily targets type conduct rejects milavetz arguments expansive view claim provision narrowly construed impermissibly vague pp section disclosure requirements valid applied milavetz consistent milavetz characterization presumes challenge directed misleading commercial speech imposes disclosure requirement rather affirmative limitation speech less exacting scrutiny set zauderer office disciplinary counsel ohio governs found unjustified unduly burdensome disclosure requirements offend first amendment advertiser rights adequately protected long disclosure requirements reasonably related state interest preventing deception consumers section requirements share essential features rule challenged zauderer disclosures intended combat problem inherently misleading commercial advertisements entail accurate statement advertiser legal status character assistance provided moreover prevent debt relief agencies conveying additional information advertisements distinguished requirements reasonably related government interest preventing consumer deception upholds provisions applied milavetz pp affirmed part reversed part remanded sotomayor delivered opinion roberts stevens kennedy ginsburg breyer alito joined scalia joined except thomas joined except part scalia thomas filed opinions concurring part concurring judgment milavetz gallop milavetz et petitioners petitioner milavetz gallop milavetz et al writs certiorari appeals eighth circuit march justice sotomayor delivered opinion congress enacted bankruptcy abuse prevention consumer protection act bapcpa act correct perceived abuses bankruptcy system among reform measures act implemented number provisions regulate conduct debt relief agenc ies professionals provide bankruptcy assistance consumer debtors see consolidated cases present threshold question whether attorneys debt relief agencies provide qualifying services agree appeals must also consider whether act provisions governing debt relief agencies advice clients requiring make certain disclosures advertisements violate first amendment rights attorneys concluding appeals construed expansively reverse judgment provision unconstitutionally overbroad like appeals uphold disclosure requirements applied consolidated cases order improve bankruptcy law practice congress enacted bapcpa number provisions directed conduct bankruptcy professionals measures apply broad class bankruptcy professionals termed debt relief agenc ies category includes limited exceptions person provides bankruptcy assistance assisted person return payment bankruptcy petition preparer bankruptcy assistance refers goods services provided assisted person express implied purpose providing information advice counsel document preparation filing attendance creditors meeting appearing case proceeding behalf another providing legal representation respect case proceeding bankruptcy assisted person someone limited nonexempt property whose debts consist primarily consumer debts bapcpa subjects debt relief agencies number restrictions requirements set forth relevant establishes several rules professional conduct persons qualifying debt relief agencies among debt relief agency shall advise assisted person incur debt contemplation person filing case title pay attorney bankruptcy petition preparer fee charge services performed part preparing representing debtor case title section requires qualifying professionals include certain disclosures advertisements subsection provides debt relief agencies must clearly conspicuously disclose advertisement bankruptcy assistance services benefits bankruptcy directed general public services benefits respect bankruptcy relief title also requires include following substantially similar statement debt relief agency help people file bankruptcy relief bankruptcy code subsection requires essentially disclosures advertisements indicating debt relief agency provides assistance respect credit defaults mortgage foreclosures eviction proceedings excessive debt debt collection pressure inability pay consumer debt debt relief agencies advertising services must disclose assistance may involve bankruptcy relief must identify debt relief agenc ies required see ii plaintiffs litigation law firm milavetz gallop milavetz firm president robert milavetz bankruptcy attorney firm barbara nilva nevin two firm clients collectively milavetz filed preenforcement suit federal district seeking declaratory relief respect act provisions milavetz asked hold bound provisions thus may freely advise clients incur additional debt need identify debt relief agency advertisements milavetz first argued attorneys debt relief agenc ies term used bapcpa alternative milavetz sought judgment unconstitutional applied attorneys district agreed milavetz term debt relief agency include attorneys app pet cert finding provisions expressly applicable debt relief agencies unconstitutional applied class professionals appeals eighth circuit affirmed part reversed part relying act plain language unanimously rejected district conclusion attorneys debt relief agenc ies within meaning act appeals also parted ways district concerning constitutionality concluding disclosures intended prevent consumer deception reasonably related interest upheld application disclosure requirements attorneys citing zauderer office disciplinary counsel ohio majority eighth circuit panel however agreed district invalid determining broadly prohibits debt relief agency advising assisted person incur additional debt assisted person contemplating bankruptcy even advice constitutes prudent prebankruptcy planning intended abuse bankruptcy laws majority held withstand either strict intermediate scrutiny dissent judge colloton argued read narrowly prevent advice abuse bankruptcy system noting construction avoid constitutional difficulties see opinion concurring part dissenting part light conflict among courts granted certiorari resolve question scope also agreed consider threshold question whether attorneys provide bankruptcy assistance assisted persons debt relief agenc ies within meaning related question whether disclosure requirements constitutional iii first consider whether term debt relief agency includes attorneys need reach questions presented govern conduct debt relief agencies milavetz challenges validity provisions based application attorneys government contends debt relief agency plainly includes attorneys milavetz urges conclude government better view already noted debt relief agency person provides bankruptcy assistance assisted person return payment definition bankruptcy assistance includes several services commonly performed attorneys indeed forms bankruptcy assistance including provi sion legal representation respect case proceeding may provided attorneys see prohibiting bankruptcy petition preparers providing legal advice moreover enumerating specific exceptions definition debt relief agency congress gave indication intended exclude attorneys see thus government contends statutory text clearly indicates attorneys debt relief agencies provide qualifying services assisted advocating narrower understanding term milavetz relies heavily fact expressly include attorneys omission stands contrast argues provision explicit inclusion bankruptcy petition preparer category professionals excludes attorneys staff see milavetz contend credibly professionals expressly included definition debt relief agencies reading professional bankruptcy petition preparer qualify implausible reading given statute defines debt relief agency person provides bankruptcy assistance assisted person bankruptcy petition preparer emphasis added provision silence regarding attorneys thus avails milavetz little cf heintz jenkins holding debt collector used fair debt collection practices act includes attorneys notwithstanding definition lack express reference lawyers litigation milavetz arguments excluding attorneys similarly fail persuade us disregard statute plain language milavetz contends instruction deemed limit curtail authority determine enforce qualifications practice law counsels reading debt relief agency include attorneys surest way protect role regulating legal profession make bapcpa professional conduct rules inapplicable lawyers find supports opposite conclusion congress reason enact provision provisions apply attorneys milavetz broader claim reading include attorneys impermissibly trenches area traditional state regulation also lacks merit congress bankruptcy courts long overseen aspects attorney conduct area substantial federal concern see conrad rubin lesser pender finding broad authorization former ed repealed courts examine reasonableness debtor prepetition attorney fees milavetz next argues exception officer director employee agent person provides bankruptcy assistance revealing failure include partners light omission contends treating attorneys debt relief agencies obligate entire law firms comply based conduct single partner agents employees debt relief agencies typically organized partnerships shielded requirements given partnership structure unique law firms however unclear exclusion revealing congress intent respect attorneys event partnerships person bapcpa see qualify debt relief agenc ies meet criteria set forth moreover partnership employees agents exempted way employees agents organizations extent partners may subject provisions association result consistent joint responsibilities typically flow partnership structure cf strang bradner accordingly decline attribute significance milavetz suggests failure include partners among exempted else failing milavetz urges canon constitutional avoidance requires us read debt relief agency exclude attorneys order forestall serious doubts validity avoidance canon however tool choosing competing plausible interpretations statutory text clark martinez applying tool consider constructions statute possible security industrial bank reasons already discussed text statutory context foreclose reading debt relief agency excludes attorneys accordingly hold attorneys provide bankruptcy assistance assisted persons debt relief agencies within meaning bapcpa concluded attorneys debt relief agencies provide qualifying services next address scope validity characterizing statute broad restriction communications adequately tailored constrain speech government substantial interest restricting eighth circuit found rule substantially overbroad reasons follow reject conclusion section prohibits debt relief agency advis ing assisted person either incur debt contemplation filing bankruptcy pay attorney bankruptcy petition preparer fee charge services performed preparation filing first prohibitions issue debating correctness appeals decision parties first dispute provision scope appeals concluded broadly prohibits debt relief agency advising assisted person incur additional debt assisted person contemplating bankruptcy reading attorney prohibited providing manner beneficial advice even advice help assisted person avoid filing bankruptcy altogether ibid agreeing appeals milavetz contends prohibits debt relief agency advising client incur new debt considering whether file bankruptcy construing provision broadly still milavetz contends forbids affirmative advice also discussion advantages disadvantages legality incurring debt like panel majority milavetz reading rests primarily view ordinary meaning phrase contemplation bankruptcy encompasses advice given debtor awareness might soon file bankruptcy even advice seeks obviate need file milavetz also maintains construed narrowly urged government dissent vague inevitably chill protected speech government continues advocate narrower construction statute urging milavetz reading untenable vagueness concerns misplaced government contends restriction advice incur debt contemplation bankruptcy naturally read forbid advice undertake actions abuse bankruptcy system focusing first provision text government points sources indicating phrase contemplation bankruptcy long continues associated abusive conduct instance black law dictionary ed hereinafter black defines contemplation bankruptcy thought declaring bankruptcy inability continue current financial operations often coupled action designed thwart distribution assets bankruptcy proceeding use phrase members congress illustrates traditional coupling see discussing practice debt contemplation bankruptcy report commission bankruptcy laws doc pt serious abuse consumer bankruptcy number instances individuals purchased sizable quantity goods services credit eve bankruptcy contemplation obtaining discharge government also points early american english judicial decisions corroborate contention contemplation bankruptcy signifies abusive conduct see pearce cas morgan brundrett ad eng parke bolster textual claim government relies immediate context according government three subsections designed protect debtors abusive practices debt relief agencies requires debt relief agencies perform promised services prohibits making advising debtors make false misleading statements bankruptcy prohibits misleading debtors regarding costs benefits bankruptcy read context provisions government argues construing prevent debt relief agencies giving advice beneficial debtors creditors seems particularly nonsensical finally government contends bapcpa remedies violations similarly corroborate narrow reading section provides remedies debt relief agency violation among actions authorized debtor may sue attorney remittal fees actual damages reasonable attorney fees costs state attorney general may sue resident actual damages finding intentional abuse may impose appropriate civil penalty government also relies fifth circuit decision hersh ex rel mukasey judge colloton dissent observation congress emphasis actual damages violations section strongly suggests congress viewed section aimed advice debtors followed significant risk harming debtor see opinion concurring part dissenting part contrast legal appropriate advice protected first amendment yet prohibited broad reading cause damage ibid see hersh milavetz contends government sources actually undermine claim phrase contemplation bankruptcy necessarily refers abusive conduct specifically milavetz argues authorities illustrate contemplation bankruptcy neutral phrase implies abusive conduct attached additional proscriptive term black phrase often coupled action designed thwart distribution assets bankruptcy black emphasis added carries independent connotation abuse support conclusion milavetz relies decision pender contending construed contemplation bankruptcy case describe conduct view probable bankruptcy filing nothing brief milavetz reviewing competing claims persuaded narrower reading sounder although adopt precisely view government advocates government sources show phrase contemplation bankruptcy commonly associated abusive conduct may readily understood prefigure abuse used however think phrase refers specific type misconduct designed manipulate protections bankruptcy system light decision pender context sections code conclude prohibits debt relief agency advising debtor incur debt debtor filing bankruptcy rather valid purpose pender addressed meaning former authorized reexamination debtor payment attorney fees contemplation filing petition recognizing temptation failing debtor deal liberally property enabling counsel protect quoting wood henderson read contemplation filing context require portended bankruptcy induce transfer issue understanding inducement engender suspicion abuse construing statute identified controlling question whether thought bankruptcy impelling cause transaction ibid given substantial similarities think controlling question latter provision likewise whether impelling reason advis ing assisted person incur debt prospect filing bankruptcy sure relevant differences provision issue pender one review notably inquiry pender payments made eve bankruptcy whereas regards advice incur additional debts consistent difference finding payment made contemplation filing resolved threshold inquiry triggering review reasonableness payment finding thus supported inference abuse conclusively establish contrast advice incur debt bankruptcy prohibited generally consist advice load debt expectation obtaining discharge conduct abusive per se statutory context supports conclusion prohibition primarily targets type abuse code provisions predating bapcpa already sought prevent practice loading debt prior filing section instance addressed attendant risk manipulation preventing discharge debts obtained false pretenses making debts purchases luxury goods services presumptively nondischargeable see bapcpa increased risk abuse however providing new mechanism determining debtor ability repay pursuant means tes ed debtor petition chapter relief presumed abusive may therefore dismissed converted structured repayment plan chapter debtor current monthly income exceeds statutorily allowed expenses including payments secured debt prescribed amount see iv test promotes debtor accountability also enhances incentives incur additional debt prior filing payments secured debts offset debtor monthly income formula amendments effected bapcpa reflect concern practice instance congress amended expand exceptions discharge lowering threshold amount new debt debtor must assume trigger presumption abuse extended relevant prefiling window see stat context best understood provide additional safeguard practice loading debt prior filing government contextual arguments provide additional support view meant prevent type conduct companion rules professional conduct remedies violation indicate congress concerned actions threaten harm debtors creditors unlike reasonable financial advice eighth circuit broad reading proscribe advice incur debt bankruptcy presents substantial risk injury debtors creditors see hersh specifically incurrence debt stands harm debtor prepetition conduct leads hold debts nondischargable see convert case another chapter dismiss altogether see thereby defeating effort obtain bankruptcy relief debt although manipulatively incurred timely identified abusive therefore discharged creditors suffer harm result discharge consequent dilution bankruptcy estate contrast prudent advice eighth circuit view statute forbids likely benefit debtors creditors least cause harm see colloton concurring part dissenting part reasons conclude prohibits debt relief agency advising assisted person incur debt impelling reason advice anticipation bankruptcy solution yields sensible result persuades us correctness narrow reading granderson make scant sense prevent attorneys debt relief agencies advising individuals thinking filing bankruptcy options beneficial individuals creditors construction serves none purposes bankruptcy code amendments enacted bapcpa milavetz acknowledges expansive view produce absurd results one bases arguing debt relief agency construed exclude attorneys language context evidence targeted purpose avoid absurdity milavetz complains without reaching result advocates reason reject milavetz suggestion broadly prohibits debt relief agencies discussing covered subjects instead merely proscribing affirmative advice undertake particular action section terms prevents debt relief agencies advis ing assisted persons incur debt covered professionals remain free tal fully candidly incurrence debt contemplation filing bankruptcy case brief milavetz section requires professionals avoid instructing encouraging assisted persons take debt circumstance cf aba model rule professional conduct lawyer shall counsel client engage assist client conduct lawyer knows criminal fraudulent lawyer may discuss legal consequences proposed course conduct client may counsel assist client make good faith effort determine validity scope meaning application law even statute clear regard reach conclusion scope inhibition frank discussion serves conceivable purpose within statutory scheme cf johnson finally reject milavetz contention narrowly construed impermissibly vague milavetz urges concept abusive prefiling conduct indefinite withstand constitutional scrutiny uncertainty regarding scope prohibition chill protected speech disagree reading statute course prohibited advice defined terms abusive prefiling conduct rather incurrence additional debt impelling reason anticipation bankruptcy even test depended upon notion abuse however milavetz claim fatally undermined provisions bankruptcy code concept stranger discussed code authorizes bankruptcy decline discharge fraudulent debts see dismiss case convert case another chapter finds granting relief constitute abuse see attorneys professionals give debtors bankruptcy advice must know provisions consequences debtor bad faith incurs additional debt prior filing indeed attorney signature bankruptcy filings shall constitute certification attorney determined filing constitute abuse backdrop hard see rule narrowly prohibits attorney affirmatively advising client commit type abusive prefiling conduct chill attorney speech inhibit relationship construction prevent advice principally motivated prospect bankruptcy ensures professionals unknowingly run afoul scope prohibition adequately defined terms reference code provisions reject milavetz vagueness claim foregoing shows language statute together evidence purpose makes narrow reading merely plausible interpretation natural one accordingly reject eighth circuit conclusion hold debt relief agency violates impetus advice incur debt expectation filing bankruptcy obtaining attendant relief reading statute supplies sufficient ground reversing appeals decision milavetz challenges constitutionality statute narrowed vagueness grounds need consider whether statute construed withstands first amendment scrutiny finally address validity challenged disclosure requirements first task resolving question determine contours milavetz claim although nature challenge entirely clear briefing decisions counsel milavetz insisted oral argument facial challenge challenge tr oral arg approach question consistent milavetz next consider standard scrutiny applicable disclosure requirements parties agree challenged provisions regulate commercial speech milavetz contends decision central hudson gas elec public serv supplies proper standard reviewing requirements case held restrictions nonmisleading commercial speech regarding lawful activity must withstand intermediate scrutiny must directly advanc substantial governmental interest extensive necessary serve interest contesting milavetz premise government maintains directed misleading commercial speech reason challenged provisions impose disclosure requirement rather affirmative limitation speech government contends less exacting scrutiny described zauderer governs review agree zauderer addressed validity rule professional conduct required attorneys advertised services disclose advertisements losing client might still responsible certain litigation fees costs noting first amendment protection commercial speech justified large part information value consumers concluded attorney constitutionally protected interest providing required factual information minimal unjustified unduly burdensome disclosure requirements offend first amendment chilling protected speech advertiser rights adequately protected long disclosure requirements reasonably related state interest preventing deception consumers ibid challenged provisions share essential features rule issue zauderer case required disclosures intended combat problem inherently misleading commercial advertisements specifically promise debt relief without reference possibility filing bankruptcy inherent costs additionally disclosures entail accurate statement identifying advertiser legal status character assistance provided prevent debt relief agencies like milavetz conveying additional information characteristics make analogous rule zauderer serve distinguish issue applied intermediate scrutiny central hudson ethical rules addressed prohibited attorneys advertising practice areas terms prescribed state announcing courts admitted practice see finding restricted statements inherently misleading state failed show appellant advertisements likely mislead consumers see applied central hudson intermediate scrutiny invalidated restrictions insufficiently tailored substantial state interest holding emphasized retain authority regulate inherently misleading advertisements particularly disclosure requirements noted advertisements professional services pose special risk deception see milavetz makes much fact government consolidated cases adduced evidence advertisements misleading zauderer forecloses argument possibility deception case need require state survey public may determine advertisement tendency mislead quoting ftc evidence congressional record demonstrating pattern advertisements hold promise debt relief without alerting consumers potential cost see hearings pt iii adequate establish likelihood deception case hardly speculative one milavetz alternatively argues term debt relief agency confusing misleading requiring inclusion advertisements reasonably related government interest preventing consumer deception zauderer requires contention amounts little preference milavetz part referring something debt relief agency attorney law firm several reasons conclude preference lacks constitutional basis first milavetz offers evidence support claim label confusing terms applies debt relief agencies disclosures necessarily accurate extent debt relief agencies must identify advertisements statement provides interested observers pertinent information advertiser services client obligations information milavetz must may include advertisements services provides additional assurance consumers misunderstand term required statement advertiser people file bankruptcy gives meaningful context term debt relief agency milavetz may identify law firm attorney section also gives milavetz flexibility tailor disclosures individual circumstances long resulting statements substantially similar statutory examples finally reject milavetz argument reasonably related governmental interest applies equally attorneys represent creditors milavetz sometimes required disclosures milavetz contends counterfactual misleading context claim premised untenable reading statute think evident definition assisted person stated terms person debts see text structure provisions provisions including disclosure requirements govern professionals offer services consumer debtors section expressly concerned advertisements pertaining bankruptcy assistance services benefits bankruptcy excessive debt debt collection pressure inability pay consumer debt moreover like provisions section codified subchapter bankruptcy code entitled debtor duties benefits ch subch ii context reading govern advertisements aimed creditors anomalous result milavetz complains decline milavetz invitation adopt view statute contrary plain meaning produce absurd result requirements milavetz identify debt relief agency include certain information related services reasonably related government interest preventing deception consumers zauderer uphold provisions applied milavetz iv foregoing reasons judgment appeals eighth circuit affirmed reversed cases remanded proceedings consistent opinion ordered milavetz gallop milavetz et petitioners petitioner milavetz gallop milavetz et al writs certiorari appeals eighth circuit march justice scalia concurring part concurring judgment join opinion except notes legislative history supports statute unambiguously says first notes statements report house committee judiciary indicate concern abusive practices undertaken attorneys ante perhaps concern author report statements tell us nothing statute means since know members committee read report almost certain vote report practice even read vote made law statute us law text approved majority vote house senate signed president even indulging extravagant assumption members house members committee judiciary read report extravagant assumption agreed members senate possibly read since exist senate passed bankruptcy abuse prevention consumer protection act president surely important things source legislative history truly mystifying proposition legislative record elsewhere documents misconduct attorneys presumably concern congress cites reproduction tasteless advertisement attachment written statement witness hearing held seven years prior statute passage subcommittee house considering different consumer bankruptcy reform bill never passed elsewhere indeed acknowledges nothing gained superfluous citation admits unnecessary light statute unambiguous language ante much lost cases said legislative history irrelevant statutory text clear see gonzales connecticut nat bank germain advises conscientious attorneys true must spend time clients treasure combing annals legislative history cases buttress case statutory text unambiguously favor attack unambiguous text legislative history relevant confirm clear text means says presumably relevant show apparently clear text mean seems say even believe legal fiction committee reports reflect congressional intent bridge far milavetz gallop milavetz et petitioners petitioner milavetz gallop milavetz et al writs certiorari appeals eighth circuit march justice thomas concurring part concurring judgment concur judgment join part opinion agree advertising disclosure requirements survive first amendment scrutiny record us write separately different reasons lead conclusion never persuaded basis first amendment relaxed scrutiny applies laws suppress nonmisleading commercial speech see liquormart rhode island opinion concurring part concurring judgment discussing central hudson gas elec public serv case applies still lower standard scrutiny review law compels disclosure commercial speech rule articulated zauderer office disciplinary counsel ohio laws require disclosure factual information commercial advertising may upheld long reasonably related government interest preventing consumer deception skeptical premise zauderer rests context first amendment interests implicated disclosure requirements substantially weaker stake speech actually suppressed see citing material differences disclosure requirements outright prohibitions speech refused contexts attach constitutional significance difference regulations compel protected speech regulations restrict see riley national federation blind see reason difference acquire constitutional significance merely regulations issue involve commercial speech see glickman wileman brothers elliott souter dissenting arguing commercial speech subject first amendment principle compelling cognizable speech officially suspect suppressing typically subject level scrutiny thomas dissenting cf foods thomas concurring stating regulations compel funding commercial advertising must subjected stringent first amendment scrutiny accordingly willing reexamine zauderer progeny appropriate case determine whether precedents provide sufficient first amendment protection party asks us however agree zauderer standard governs review challenge brought milavetz law firm plaintiffs action hereinafter milavetz yet even zauderer presumptively endorsed laws requiring use disclaimers commercial advertising see borgner florida bd dentistry thomas dissenting denial certiorari zauderer upheld imposition sanctions attorney rule professional conduct required advertisements services disclose losing clients might responsible litigation fees costs see importantly however zauderer advertisement found misleading face regulation case mandate specific form text disclosure ibid thus zauderer stand proposition government constitutionally compel use scripted disclaimer circumstance interest preventing consumer deception might plausibly stake words bare assertion government disclosure requirement intended prevent consumer deception standing alone sufficient uphold requirement applied speech falls within sweep see ante instead precedents make clear regulations aimed false misleading advertisements permissible particular advertising inherently likely deceive record indicates particular form method advertising fact deceptive emphasis added see zauderer supra recogniz ing unjustified unduly burdensome disclosure requirements might offend first amendment therefore disclosure requirement passes constitutional muster extent aimed advertisements nature possess traits see supra ibanez florida dept business professional regulation bd accountancy read opinion hold otherwise see ante accordingly understanding turn question whether milavetz challenge disclosure requirements survives zauderer scrutiny record us notes posture milavetz challenge inhibits review first amendment claim see ante milavetz challenged constitutionality statute ever enforced firm advertisements although milavetz purports challenge advertising see ante introduce evidence exhibits substantiate claim thus seen sampling milavetz advertisements even declaration describing contents media milavetz seeks transmit consequence milavetz nominal applied challenge appears strikingly similar facial challenge generally disapprove challenges often rest speculation require courts engage interpretation statutes basis factually barebones records washington state grange washington state republican party quoting sabri milavetz claim invites problems milavetz alleges disclosure requirements unconstitutional applied advertisements advertisements misleading disclaimer required create rather reduce confusion milavetz potential clients may well true record evidence milavetz advertisements exists guide review speculate ways statute might applied milavetz speech forced determine constitutionality statute based solely conjecture uphold law conceivabl manner enforced consistent first amendment washington state grange supra case parties agree disclosure requirements cover minimum deceptive advertisements promise debts without mentioning bankruptcy means accomplishing brief milavetz brief result least one set facts statute constitutionally applied thus agree milavetz challenge must fail footnotes together milavetz gallop milavetz et also certiorari footnotes congress excluded definition debt relief agency officer director employee agent person provides bankruptcy assistance nonprofit organization exempt taxation section internal revenue code creditor assisted person helping person restructure debt owed creditor depository institution author publisher distributor seller works subject copyright protection title acting capacity compare case hersh ex rel mukasey holding narrowly construed prohibit advice abuse manipulate bankruptcy system construed constitutional although reliance legislative history unnecessary light statute unambiguous language note support record provides government reading statements report house committee judiciary regarding act purpose indicate concern abusive practices undertaken attorneys well bankruptcy professionals see pt hereinafter legislative record elsewhere documents misconduct attorneys see hearing subcommittee commercial administrative law house committee judiciary pt iii hereinafter hearings hearings preceded bapcpa enactment several years form part record cited house report see reviving argument milavetz abandoned amici contend undermines government reading requires debt relief agency inform assisted person right hire attorney nonsensical require attorneys provide notice see brief national association consumer bankruptcy attorneys et al amici curiae argument fails terms even excluded attorneys milavetz contends still produce result amici complain provision also requires debt relief agency inform assisted persons get help localities bankruptcy petition preparer question bankruptcy petition preparers debt relief agencies thus subject requirement event absurd require debt relief agencies whether attorneys bankruptcy petition preparers inform prospective clients options obtaining services read milavetz advocates seriously undermine relationship earlier term acknowledged importance privilege means protecting relationship fostering robust discussion see mohawk industries carpenter slip reiterating significance dialogue note narrowly construed presents impediment discussions ibid quoting upjohn hypothetical questions milavetz posits regarding permissibility advice incur debt certain circumstances see brief milavetz easily answered reference whether expectation filing bankruptcy obtaining discharge impelled advice emphasize awareness possibility bankruptcy insufficient trigger prohibition instead provision proscribes advice incur debt principally motivated likelihood thus advice refinance mortgage purchase reliable car prior filing reduce debtor interest rates improve ability repay prohibited promise enhanced financial prospects rather anticipated filing impelling cause advice incur additional debt buy groceries pay medical bills make purchases reasonably necessary support maintenance debtor dependent debtor ii ii similarly permissible note ability evaluate validity applied milavetz constrained lack developed record parties introduced exhibits evidence ground analysis guided preenforcement challenge milavetz status law firm attorney general claims nature advertisements footnotes protests earlier hearing part record cited house report ante page cites however nothing note earlier hearing took place see pt believe brought attention committee much less whole congress attachment testimony one witnesses hearing course legislative history shows congress intended fiction requiring support reality footnotes quarrel principle advertisements false misleading propose illegal transaction may proscribed see liquormart rhode island opinion concurring part concurring judgment furthermore acknowledge longstanding assumption regulation compels disclosure certain factual information advertisements may intrude less significantly first amendment interests outright prohibition advertisements potential mislead see virginia bd pharmacy virginia citizens consumer council zauderer office disciplinary counsel ohio riley national federation blind central hudson gas elec public serv even assumption correct doubt justifies entirely different standard review regulations compel rather suppress commercial speech oral argument milavetz counsel declined describe milavetz challenge facial overbreadth claim tr oral arg milavetz briefs make contention even viewing milavetz argument claim facially overbroad applies nonmisleading advertisements services argument must fail first noted milavetz acknowledges constitutionally applied deceptive advertisements thus least one set circumstances exists valid salerno second milavetz attempt argue unconstitutional applications substantial number judged relation plainly legitimate sweep washington state grange washington state republican party internal quotation marks omitted