Kansas City, Missouri – Plaintiff law firms are major buyers of leads and are also involved in the creation of robocalls and text messages, despite being targeted by other plaintiff law firms. These firms gather at a significant conference called “Mass Torts Made Perfect” where lead sellers try to persuade thousands of lawyers to purchase their leads, leading to a potential risk of breaching the Telephone Consumer Protection Act (TCPA). A recent case involving Burger Law highlights the challenges faced by law firms when dealing with leads obtained from third-party sellers.
In the case of Gonzalez v. Burger Law, the court denied a motion to dismiss, ruling that Burger Law’s purchase of leads from a third-party called “Consumer Legal” constituted a potential telemarketing scheme for which Burger Law could be held liable. Despite not making the calls themselves, Burger Law was accused of directing Consumer Legal to make solicitation calls on its behalf. The plaintiff alleged the existence of a formal agency relationship between Burger Law and Consumer Legal, including a contract governing the telemarketing activities. It was further claimed that Burger Law had control over the telemarketing scheme and set criteria for the leads, while Consumer Legal made the solicitation calls. The plaintiff even received multiple calls on behalf of Burger Law and was transferred to Burger Law during one of the calls, where the firm continued marketing legal representation to her. These allegations were deemed sufficient by the court to establish a reasonable inference of a formal agency relationship or apparent authority and ratification, potentially making Burger Law vicariously liable for Consumer Legal’s calls.
This case serves as a reminder of the significant risks associated with purchasing third-party leads. It underscores the importance of solid compliance and thorough vetting of all third-party vendors. Law firms should prioritize due diligence and ensure that proper measures are in place to mitigate any potential liability arising from telemarketing activities.
For assistance in navigating the complexities of lead acquisition, Puja and John Henson, seasoned experts in the field, are available to provide their expertise. Whether it’s avoiding legal challenges or ensuring compliance, reaching out to professionals who specialize in this area can help law firms protect their interests and avoid the complications that may arise from third-party lead acquisition.
In conclusion, the case of Burger Law highlights the potential legal implications for plaintiff law firms involved in the purchase of leads from third-party sellers. The court’s ruling in Gonzalez v. Burger Law emphasizes the need for firms to exercise caution and diligence in their vetting processes and compliance measures. By doing so, law firms can mitigate risks and protect their reputation while still benefiting from the advantages of utilizing leads in their practice. Avoiding these legal pitfalls not only ensures ethical and lawful business practices but also contributes to maintaining the public’s trust in the legal profession.