Legal Services Advertising

Trial lawyers and aggregators increasingly spend large sums of money on television, digital, and print advertising to recruit new clients for class action lawsuits. Much of this advertising is conducted by aggregators: businesses that recruit potential plaintiffs and then sell their information to law firms.

The Problem

Consumers see doomsday ads about the lethal effects of medications or even general medical injury, and consequently stop using their medicine. This is often done without consulting a doctor, causing health problems for the patients and increasing litigation risk for the product manufacturers. These over-the-top advertisements from personal injury attorneys with catchy jingles and toll-free numbers pose a serious danger. These ads undermine the simple notion that physicians and health care providers, not personal injury lawyers or the “aggregators” who run the ads for the lawyers, should dispense medical advice. The reason why trial lawyers pump significant money into these ad buys is because, armed with more clients, they can boost settlements and payouts when they go after large corporations. This leads to larger contingency fees for themselves.

ATRA’s Position

ATRA supports legislation that places reasonable regulations regarding deceptive or misleading lawsuit or legal services advertisements.

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Legal Services Advertising News and Press

Explore ATRA's most recent press releases and blogs around Legal Services Advertising

New Report Exposes Oregon’s Soaring Trial Lawyer Ad Spending and Rising Litigation Risks

The American Tort Reform Association released a new analysis today reveali...

The High Cost of Junk Science Verdicts in Los Angeles

This op-ed was authored by ATRA’s Lauren Sheets Jarrell and was orig...

Letter-to-the-Editor – A Better Target for Prasad: Personal Injury Ads

This letter-to-the-editor was published by the Wall Street Journal and app...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Legal Services Advertising
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States
Status
Post Types
Date
Anne Arundel County v. Express Scripts
(Md., filed May 29, 2025): Arguing that the Court should join other states in affirming that public nuisance law cannot be converted into an all-enco...
Maryland
  • Case Not Yet Decided iconCase Not Yet Decided
Geico Casualty Company v. Jilianne Warner, et. al.
(Ky. App., filed May 28, 2025): Arguing that the court erred in finding that heavy motor trucks, such as tow trucks, are inherently dangerous.  The t...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
Monsanto v. Durnell
(U.S., filed May 9, 2025): Arguing that the Missouri Court of Appeals and other appellate courts have gutted FIFRA’s express preemption provision, al...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Gill v. Exxon Mobil Corp. 
(Pa. App., filed June 23, 2025) Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial pr...
Drake v. Bayer
(9th Circ., filed March 24, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class ...
California
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
BRP Group, Inc. v. Wagner
(DE, filed April 15, 2025): Arguing that the carveout in the final clause of Section 6 of S.B. 313 amounts to an unconstitutional bill of attainder an...
Delaware
  • Case Not Yet Decided iconCase Not Yet Decided
Newman v. Bayer Inc.
(2nd Circ., filed April 9, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class l...
2nd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
The Plaintiffs’ Lawyer Quest for the Holy Grail
One can only imagine the scene inside the plaintiffs’ lawyers’ R&D laboratory for expansive liability theories when they created today’s public nu...
Perlmutter v. Federal Insurance Company, Harold Perenboom, and William Douberley
(Fl., filed March 20, 2025): Section 768.72 of Florida law deliberately altered the common law to raise the evidentiary burden for recovering punitive...
Florida
  • Case Not Yet Decided iconCase Not Yet Decided
Laboratory Corporation of America Holdings v. Davis et. al.
(U.S., filed March 12, 2025): Arguing that Rule 23(b)(3) does not circumvent fundamental limitations on federal jurisdiction in class actions.  The co...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided



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