Mohr Marketing Compliance & Regulatory Brief

Executive Summary

The regulatory landscape for legal marketing has shifted dramatically. New federal mandates from the FCC and stricter enforcement of state “capping” laws (such as California SB 37) effectively outlaw traditional lead generation models. This document outlines the three critical pillars of compliance required to protect your law license and ensuring your marketing campaigns remain viable: the FCC’s “1-to-1 Consent” rule, the prohibition on “buying leads,” and the Mohr Marketing Joint Advertising solution.

It’s All About Compliance and Technology

Part I: The FCC “1-to-1 Consent” Rule
(Effective January 27, 2025)

The “Lead Generator Loophole” is Closed

On December 13, 2023, the Federal Communications Commission (FCC) adopted new rules fundamental to closing the “Lead Generator Loophole.” Previously, lead aggregators could obtain a single consent to contact a consumer and sell that data to thousands of “marketing partners” listed behind a hyperlink. This practice is now illegal.

The New Mandate: One Consumer, One Seller Under the new ruling, “prior express written consent” must be obtained on a one-to-one basis.

Specific Selection: A consumer must consent to receive calls or texts from one specific seller at a time.

• Logical Relevance: The consent must be logically and topically related to the website where the consumer submitted their information.
• No “Marketing Partners”: Generic “partner pages” with thousands of entities are no longer valid for obtaining TCPA consent.

The Risk to Your Firm

If you purchase leads from vendors who aggregate data or sell to multiple bidders, your firm faces:

1. Invalid Consent: If the consumer did not specifically select your firm by name, you do not have valid TCPA consent.
2. Vicarious Liability: Your firm can be sued for calls made by your vendor if the consent was not captured correctly.

Part II: State Bar Mandates & California SB 37

The End of “Buying Leads” & “Cost-Per-Case” Models

The Regulatory Trap: Fee-Splitting and Capping

State Legislatures and Bar Associations are cracking down on the “pay-per-signed case” model. Specifically, mandates like California Business and Professions Code § 6155 (SB 37) are reclassifying the act of “buying a signed case” as operating an illegal lawyer referral service.

• The Violation: Paying a flat fee (e.g., $2,000) for a signed retainer is often viewed as a commission or “bounty,” which violates Rule 7.2 (Fee Splitting) and state “Capping” statutes.
• The “Runner/Capper” Risk: If a non-lawyer entity (marketing vendor) is paid based on the outcome (a signed client) rather than the service provided (advertising), they effectively act as a “runner” or “capper” for the attorney.

The Solution: The Mohr “Joint Advertising” Model

To provide a “Safe Harbor” from these regulations, Mohr Marketing does not sell leads or signed cases. Instead, we operate a Joint Advertising & Administrative Support Program.

How It Works: “Inputs, Not Outcomes”

We separate your budget into two distinct, transparent buckets to ensure you are paying for services, not referrals:

1. Bucket 1: Media Spend (Mohr Marketing, LLC): You pay for the direct cost of media inventory (clicks, impressions, TV spots) and the strategy to run them. You are the “Advertiser of Record.”
2. Bucket 2: Administrative Labor (Legal Support Cases, Inc.): You pay a separate service fee for the intake staff to process your inquiries.

Why This Is Compliant:

• Transparency: You see the exact landing page and media source.
• No Commissions: You pay for the marketing effort and labor, regardless of the case outcome. This aligns with the California State Bar’s allowance for “Joint Advertising” (Bus. & Prof. Code § 6155(h)). (more States and State Bar’s are following this mandate-be prepared now if you do not practice in California).

Part III: The Mohr Compliance Shield & Technology

Verified, Independent Proof of Consent

Mohr Marketing utilizes a “Highest Level of Compliance” approach, emulating SEC requirements for financial institutions to prevent fraud and ensure brand safety.

1. Independent Proof of Consent
   (The “Digital Birth Certificate”)

We do not ask you to trust our word. We provide independent, third-party verification for every single inquiry:

• TrustedForm & Jornaya: We capture a video replay of the user’s interaction on the website.
• Certificate of Authenticity: This certificate proves the consumer saw your firm’s name and explicitly agreed to be contacted by you, creating a defensible audit trail for up to 5 years.

2. Advanced Fraud Detection (The “Tech Stack”)

To combat “lawsuit mill” litigators and fake bot traffic, we employ a multi-layered security protocol:

• IDology (Know Your Prospect): A real-time, AI-driven identity verification solution that ensures the inquiry comes from a real person, not a bot.
• Scammer Scrub™: A cloud-based defense system that scrubs data against court documents and the National DNC list to identify and block known “serial litigators” who sue for TCPA violations.
• InjuryMD: For personal injury inquiries, data is submitted in real-time to begin the medical data aggregation process immediately.

3. US-Based, Inbound Operations

• No Cold Calling: We do NOT make cold calls. Outbound calls are only made in response to verified, inbound requests.
• Domestic Intake: All potential clients communicate with a US-based intake center, fully vetted and monitored daily.

Conclusion: Secure Your Caseload

The era of “Shared Leads” and “Buying Cases” is over. Your law license is too valuable to risk on non-compliant vendors.

Be prepared for your State Legislature and/or State Bar to follow suit.

By partnering with Mohr Marketing, you are not just buying marketing; you are investing in a Joint Advertising infrastructure that protects your firm from regulatory risk while delivering high-quality, exclusive client acquisition.

Joint Advertising & Compliance Explained

This video explains the dangerous “Cost Per Case” metric and details how the “Two-Bucket” system ensures compliance with regulations like California’s SB 37.

Get started before your competitors do …there is a limit to how many clients we can onboard.

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