# Mass Tort Marketing RFP — Question Template

For U.S. plaintiff personal-injury firms soliciting proposals from mass-tort marketing
agencies, lead vendors, or outsourced intake providers.

**Last reviewed:** August 4, 2026
**Companion page:** https://www.masstortmarketingagency.com/mass-tort-marketing-buyers-guide

> Educational template, not legal advice. Have counsel review your final RFP, contract,
> and fee structure — particularly any performance-based fee — before you sign.

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## Section A — Respondent profile

1. Legal entity name, state of formation, and years operating under this entity.
2. Which mass torts are you actively running campaigns for today? For each, state how
   long you have run it and roughly what share of your current volume it represents.
3. How many law-firm clients are you currently running the tort(s) we are asking about
   for? Are any of them in our state or our filing venue?
4. Provide three references from plaintiff firms, at least one for a tort comparable to
   ours, with permission to contact them directly.
5. Do you carry errors-and-omissions and cyber liability coverage? At what limits?

## Section B — Data ownership and control

6. Who owns the ad accounts, campaigns, and billing relationships with each platform?
   If you own them, what is the transfer process on termination?
7. Who owns the domains, landing pages, creative assets, and source code produced under
   this engagement?
8. Who owns the tracking pixels, conversion tags, and analytics properties, and who has
   admin access?
9. Who owns the call recordings, transcripts, and intake notes? In what format and on
   what timeline can we export them?
10. Who owns the consent records (certificates, tokens, timestamps, disclosure text)?
    Confirm in writing that they transfer to us and survive termination.
11. What is your data retention schedule, and what is your deletion process on request?

## Section C — Lead exclusivity and duplicates

12. Is every lead exclusive to our firm? Define "exclusive" precisely: per firm, per
    tort, per state, and for what period.
13. Will the same claimant record ever be delivered to another firm, a co-counsel
    network, an aggregator, or a downstream data buyer — under any circumstance?
14. What happens to a lead we decline or disqualify? Is it re-marketed or resold?
15. How do you detect duplicates — within your own delivery, and against records we
    already hold? What matching keys do you use?
16. If a duplicate is delivered, is it credited automatically or must we dispute it?

## Section D — Definitions and performance

17. Define "lead," "contactable lead," "qualified lead," "signed retainer," and any
    other billable event, with the exact conditions that disqualify each.
18. Who determines whether a lead meets the definition, and what is the appeal process
    if we disagree?
19. Can these definitions change during the term? By whose agreement, and with what
    notice?
20. What is the replacement or credit policy? State the dispute window in days, the
    documentation we must provide, and your cure period.

## Section E — Compliance and consent

21. What consent evidence accompanies every lead? List each field.
22. Can you reproduce, for any individual lead, the exact disclosure text and page as
    the claimant saw it, with timestamp and IP?
23. How are revocation and do-not-call requests captured, honored, and propagated
    across your campaigns and any downstream partners?
24. Which advertising creative and landing pages will carry our firm's name? What is
    your approval workflow before anything naming us goes live?
25. Who at your organization reviews creative against state-bar advertising rules, and
    which states' rules do you apply?
26. Do you maintain a dated archive of every ad, landing page, and intake script
    version? For how long, and can we access it?
27. Are calls recorded? In which states, with what notice, and under what consent
    procedure?
28. Describe your safeguards for health-related information collected during screening.

## Section F — Intake operations

29. What are your intake hours, including weekends and holidays? What happens after
    hours?
30. Report your median and 90th-percentile time from lead submission to first contact
    attempt over the last 90 days. Do not report averages.
31. What is your contact-attempt cadence before a lead is closed out? Over what period,
    across which channels?
32. What Spanish-language capacity do you have — staffed hours, headcount, and whether
    scripts are professionally translated?
33. Do you handle retainer e-signature? Which platform, and who holds the executed
    documents?
34. How do conflict checks and attorney review fit into your handoff?

## Section G — Channels and media

35. Which channels will you use for this tort, and why those? What share of budget goes
    to each at launch?
36. How much of our spend is working media versus your fee? Will we see the platform
    invoices?
37. Do you use subcontractors, publishers, affiliates, or co-registration partners at
    any point in the lead path? Name them and describe how they are audited.
38. How will you detect an underperforming source, and what is your process and
    timeline for pausing it?

## Section H — Reporting

39. What reporting is standard? At what frequency, and through what interface?
40. Does reporting extend to signed retainer and filed case, and how does it reconcile
    against our CRM?
41. Can we receive raw record-level data, not just dashboard summaries?
42. Who is our named day-to-day contact, and what is the escalation path?

## Section I — Commercial terms

43. What is the minimum term, and what is the minimum monthly commitment?
44. What are the cancellation terms, notice period, and any early-termination fee?
45. Is there auto-renewal? On what notice?
46. Describe the transition process on termination: account transfers, data export
    format, timeline, and any fee.
47. Which party indemnifies which for TCPA, privacy, and advertising-compliance claims,
    and at what limits?
48. Confirm your fee structure in writing so our counsel can evaluate it against Rules
    5.4 and 7.2(b) of our jurisdiction's rules of professional conduct.

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## Evaluation

Score responses with the 10-category vendor scorecard:
https://www.masstortmarketingagency.com/downloads/mass-tort-vendor-scorecard.md
