Advertising—Internet-Based Marketing Service

With the growth of electronic communications and the internet, there has been a proliferation of the types and methods employed by engineers and engineering companies in selling and marketing their services. Many of these methods mirror traditional sales and marketing techniques used in the past while other methods are new and different and require careful review and consideration.

Over the years, the NSPE Board of Ethical Review has considered a variety of sales and marketing techniques employed by engineers and engineering companies in different settings. Promotional customs, practices, and standards have evolved considerably over the past half-century. During an earlier time period, advertising by engineers (or any profession for that matter) was thought to be undignified, inappropriate, even offensive to some, on the grounds that advertising was “commercial” in nature while professional practice was a “calling” by which individuals should be selected by clients solely based upon their professional qualifications, reputation, and other meritorious criteria.

However, as the professions evolved, during the 1960s, a series of rulings by the U.S. Supreme Court held that professional society code of ethics provisions prohibiting advertising violated commercial free speech as well as federal antitrust laws. Following those decisions, professional society code of ethics provisions in advertising were eliminated or modified to reflect a new reality—that advertising professional services was a fact of life and that for the most part, only misleading or deceptive practices could and should be restricted.

Recently in BER Case No. 04-4, the Board considered a case involving Engineer A, a professional engineer licensed in four states, who established a Web site, www.engineerseals.com, that indicated that Engineer A’s company would seal professional engineering drawings for a standard prescribed fee per page. The information on the Web site stated the following:

“Get your project approved! Engineerseals.com provides a convenient, cost effective way for you to obtain sealed documents from a registered engineer to meet your local or state requirements. The online questionnaires and confirmation processes help us determine the specific services you need. We will provide direct engineering supervision, and depending on your project, we will

• Review and modify your plans, shop drawings, specifications, and calculations;
• Generate the necessary drawings, plans, specifications, and reports;
• Perform engineering investigation, evaluation, and consultation; or
• Perform site visits.

Upon receipt of your information, we will contact you directly. Your responses help us to simplify the review process and ultimately help us customize the services to meet your needs. The next time you need plans reviewed for building construction codes and permit approvals, visit engineerseals.com. We'll help you get your remodeling, renovation, and new building projects from draft to development efficiently and professionally. The process is easy.”

The Board decided that Engineer A’s actions were unethical because the actions were in violation of the NSPE Code of Ethics provisions requiring engineers to adhere to applicable “responsible charge” requirements as well as applicable state licensure laws and Board rules of professional conduct. At the same time, the Board made it clear that it was not per se unethical for Engineer A to develop a Web site to advertise Engineer A’s engineering services. The Board noted that as currently (and as presumably in the future) configured, the Internet is accessible virtually everywhere. The Board cautioned that it was essential for an engineer to be familiar with and adhere to applicable state licensure laws in the practice of engineering regarding electronic media and concluded by noting that nothing in its opinion was intended to limit new and innovative practice techniques, including the use of the Internet, Web sites, or electronic practice.

Turning to the facts in the present case, the Board is of the view that the method being utilized by Engineer A falls within the acceptable limits of the NSPE Code provisions which permits the use of a bona fide, established commercial or marketing agency retained by them. The Web site does not appear to include misleading or deceptive information or suggest Engineer A would be engaging in the unlawful practice of engineering in violation of state laws and regulations. The site appears to link potential clients to Engineer A on a strictly voluntary basis and contains appropriate disclaimers so that there is no misleading implications regarding endorsements or the quality of the services provided.