Short answer: Vet a mass tort lead on three tests before you buy: is the case legally viable under the docket's criteria, is the claimant ready to sign now, and was the lead generated with consent and advertising your firm can defend? A lead that fails any one of the three costs more than no lead at all: it eats ad spend, ties up intake staff and can expose your firm to TCPA and bar complaints.
Key takeaways
- Volume without quality isn't a lead business. It's a noise business.
- Legal viability comes first: injury, product use, dates and jurisdiction must match the docket.
- Speed and intent decide whether a viable claimant signs with you or with someone else.
- Your firm carries the compliance risk for your vendor's ads and consent, so audit both.
- Signed retainers shift the screening risk to the vendor. Raw leads leave it with you.
Why bad leads cost more than no leads
A lead that can never become a case is not neutral. You pay for it, your intake team spends time on it, and a claim that fails later costs filing work and client-relations work too. If the lead was generated with weak consent or misleading ads, it can also become a TCPA claim or a bar complaint.
So treat lead buying as a financial decision with a compliance side, not a marketing decision. Every lead should clear three tests.
Test 1: Legal viability
Each MDL has narrow criteria. A viable lead matches them on paper.
- Injury: a diagnosis that matches the docket, confirmed by medical records.
- Product use: the product, the dates of use and, where it matters, the brand or lot.
- Timing: injury and filing dates that fit the statute of limitations in the claimant's state.
- Severity: the level of harm that the docket's settlement values tend to reward.
- Jurisdiction: a state and court where the claim can be filed.
Test 2: Intent and speed
A viable claimant who signs with another firm is worth nothing to you.
- Intent: the claimant came looking for legal help on this specific issue, not from a giveaway or a cold list.
- Speed: your team reaches them within minutes, while they are still ready to talk.
- Readiness: they understand what signing means and can provide records.
Test 3: Compliance and sourcing
Law firms answer for their vendors. "TCPA compliant" on a sales sheet proves nothing.
- Consent: documented, timestamped consent that names your firm or your vendor as your agent. Blanket consent shared across many buyers is a red flag.
- Advertising: no guaranteed outcomes, no settlement amounts, nothing that would break your state's attorney advertising rules.
- Contract: clear terms on exclusivity, returns and indemnification.
The 12-point checklist
| # | Check | Pass looks like |
|---|---|---|
| 1 | Diagnosis matches the docket | Named diagnosis with a date and a treating provider |
| 2 | Product use is documented | Product, dates and, where relevant, brand or lot |
| 3 | Statute of limitations is open | Injury date and state checked before delivery |
| 4 | Jurisdiction fits | Claimant can file where the case belongs |
| 5 | Severity fits the docket | Injury level the docket rewards |
| 6 | Records exist | Medical records available or authorized for request |
| 7 | Claimant came looking for help | Source is a search, ad or page about this tort |
| 8 | Delivery is real time | Lead arrives in seconds, not a daily batch |
| 9 | Claimant is not signed elsewhere | Asked and recorded at intake |
| 10 | Consent is documented | Archived opt-in with time stamp and source |
| 11 | Ads are compliant | You have seen the ads and landing pages |
| 12 | Contract protects you | Exclusivity, returns and indemnification in writing |
Questions to ask a mass tort vendor
- Can you show me the full consent flow and the archived opt-in language for every lead?
- Does consent name my firm, or is it shared across many buyers?
- Can I see every ad and landing page that will run for my campaign?
- What criteria do you screen for before a lead is delivered?
- Are leads exclusive to my firm?
- What happens when a lead is invalid?
- Does the contract include indemnification for your advertising and consent practices?
Red flags
- Volume promises with no screening criteria.
- Consent that covers "marketing partners" in general.
- Ads that mention settlement amounts or guarantee compensation.
- A vendor who won't show you the landing pages.
- Old leads resold as new.
Raw leads or signed retainers
With raw leads, your firm does the screening and carries the risk that most leads never sign. With signed retainers, the vendor screens and signs the claimant first, and you receive a client who already meets your criteria. We work on signed retainers for mass torts: we advertise and screen to your criteria, retain qualified claimants by e-signature, and deliver the signed retainer, HIPAA authorization and completed intake. Mass tort pricing is per signed retainer and quoted by campaign.
Related reading
- The hottest mass torts of 2026, ranked by federal case counts
- Hair relaxer MDL 3060: status and intake criteria for firms
- Oxbryta litigation in 2026
- Camp Lejeune litigation: the complete guide for firms
- Our lead standards
- Mass tort leads
FAQ
What makes a mass tort lead qualified?
It matches the docket's injury, product-use, timing and jurisdiction criteria, comes from someone actively seeking help, and was generated with documented consent.
Who is liable if a lead vendor violates the TCPA?
The firm can be. Courts and regulators can hold the company that benefits from the calls responsible, so firms should audit their vendors' consent practices and contracts.
What is the difference between a mass tort lead and a signed retainer?
A lead is a prospect your firm still has to screen and sign. A signed retainer is a claimant the vendor has already screened and signed to your firm.
How fast should a firm contact a mass tort lead?
Within minutes. Claimants often contact several firms, and the first one to reach them has the first chance to sign them.
Should consent name my firm?
Yes. Consent that names your firm, or your vendor as your agent, is far easier to defend than blanket consent shared across many buyers.
About the author
Fadi Agour, J.D., is the founder and CEO of FadiLaw Marketing LLC, the Houston-based parent company of Best Case Leads, Real Performance Marketing, Masstortsco, and Redostar. His companies have made the Inc. 5000 list seven years in a row.
This article is general information, not legal advice. Best Case Leads is not a law firm.