Mass Tort Litigation

11 May 2023
Reading: 4 min

Hey there! Let’s talk about mass tort litigation. It’s when a big group of people decides to sue some company or organization because they all got hurt by the same product or practice. It’s a pretty complicated legal process that takes a lot of time and money to deal with.

But for affiliate marketers it’s a chance to make some serious cash by promoting mass tort offers. Of course, you gotta be careful and consider some important things: if the law firm you’re promoting is legit, how much you’ll get paid, how many people are actually gonna click on your ads, and if everything is according to the rules.

Stay tuned, because at the end of this article we’ll wrap things up by giving you some tips on how to make your mass tort ads stand out. Let’s get started.

Understanding mass tort litigation

Mass Tort Litigation

Mass tort litigation is a type of legal action in which numerous individuals collectively sue one or more defendants for harm or injury caused by a common product or practice. Mass tort lawsuits typically arise from situations where many people have been harmed by the same or similar actions, such as exposure to harmful chemicals, defective products, or pharmaceutical drugs. These lawsuits often involve complex legal issues and require significant resources to litigate.

A few examples to facilitate the understanding:

Johnson&Johnson Talcum Powder Lawsuit J&J faced thousands of lawsuits alleging talc-based products caused cancer. In 2020, they stopped selling talc-based baby powder in the US and Canada.
Volkswagen Diesel Emission Scandal Volkswagen settled mass tort litigation by paying over $25 billion for installing software to cheat emissions tests in millions of diesel vehicles.
3M Earplugs Lawsuits 3M faced mass tort litigation over defective military earplugs that allegedly caused hearing loss in soldiers. The company settled the lawsuits for $9.1 million.
Roundup Weedkiller Lawsuits Monsanto faced mass tort litigation over Roundup weedkiller’s alleged cancer-causing effects and settled for $10 billion in 2020.
Vioxx Lawsuits Merck faced mass tort litigation over Vioxx, a painkiller that increased the risk of heart attacks and strokes. The company agreed to pay $4.85 billion to settle the lawsuits.

What’s in it for affiliates

Mass Tort Litigation

Mass tort lawsuits grow in popularity and are a solid source of income for lawyers. Which is why this group of workers will hold onto mass torts like there is no tomorrow. High popularity is a synonym to high profitability. Don’t believe us? Look at the table below with the payouts for some of the most popular cases:

Roundup $1,000 CPA Herbicide used for grass and weed control
NEC baby formula $300 CPA Necrotizing enterocolitis, caused by Similac and Enfamil baby milk
Camp Lejeune $275 CPA Water contamination in a military camp
Zaltac $265 CPA A medication used to decrease stomach acid production
Nursing Home Abuse $200 CPA Mistreatment in the living facilities for the elders

Mass Tort Litigation

Of course, the payouts are not the only element of the marketing funnel. These juicy rewards are not easy to get. 

  • First, the target audience is very specific, e.g., in all the cases above — exclusively the US residents. As you can guess, the eligible Americans have to have suffered an injury that can be reimbursed, e.g., having developed some cancer symptoms after living for a specific time period in Camp Lejeune.
  • Second, most of the offers follow the Cost-per-Action model, which is a call that has to last 2–4 minutes, not less. Obviously no fake calls, also no coached calls or SMS.
  • Third, the eligible caller must have no already established legal representation on the matter elsewhere. 

On the bright side, there are usually no caps on the number of leads. Plus, the span of allowed media placements is generally wide enough to accommodate almost any kind of traffic.

How to pick the right offer

Mass Tort Litigation

As an affiliate marketer, there are several factors to consider when selecting the right mass tort offer to promote:

  1. Credibility of the law firm: It is important to research the law firm’s reputation, success rate, and experience in handling mass tort cases.
  2. Conversion rate: Look for offers that have a high conversion rate, meaning that a significant number of leads turn into clients for the law firm.
  3. Payout: The payout for each lead is an important factor to consider, as it can vary depending on the offer and the law firm’s budget.
  4. Compliance: Make sure that the offer complies with all relevant laws and regulations.
  5. Target audience: Consider the target audience for the offer, and whether it is a good fit for your marketing channels and audience.
  6. Support: Check whether the offer provides support to affiliates, such as access to dedicated affiliate managers, resources, and tools to help maximize conversions.

Currently, networks like Palo, DOPPCALL, MrLead, PingCall, OfferGlobe, and others provide mass tort offers, alongside rehabs, car accidents, and similar lead gen products.

Potential creatives

Mass Tort Litigation

Mass tort litigation power lies in its sheer numbers. However, sometimes the victims may oftentimes be unaware that they deserve compensation. The main challenges of mass tort litigation involve communication, cost, and case development. As a marketer, you are free from dealing with the case itself. Still, picking the right audience without overspending can be challenging.

The communication with the prospects has to be personal and mass-oriented at the same time. When making the creatives, highlight the possible compensation right off the bat, plus the background of the story: 

Do you know that over 20% of elders face nursing home abuse? We’re fighting for your beloved ones and winning! Learn how to get compensated. 

There are other factors to consider:

  1. Use attention-grabbing headlines: Your headlines should be clear, concise, and attention-grabbing. Use a headline that immediately captures the reader’s attention and clearly communicates the benefits of the offer.
  2. Use images and videos: Use images and videos to showcase the product or service and demonstrate its benefits. Videos can be particularly effective in conveying information and building trust with potential customers.
  3. Focus on benefits: Make sure your creatives focus on the benefits of the mass tort offer, such as compensation for injuries or illnesses. Highlight how the offer can help potential customers improve their lives.
  4. Use social proof: Use testimonials and other forms of social proof to build trust with potential customers. This can include reviews from other customers, case studies, or endorsements from reputable sources.
  5. Make it easy to take action: Make sure your creatives include a clear call-to-action that tells potential customers what to do next. This can be as simple as including a button or link that takes them directly to the offer page.
  6. Test and optimize: Test different creatives to see which ones perform best and optimize them accordingly. This can include testing different headlines, images, and calls-to-action to find the combination that resonates best with your audience.


Mass tort litigation is a legal action where a large group of people collectively sue one or more defendants for harm or injury caused by a common product or practice. Mass tort lawsuits often involve complex legal issues and require significant resources to litigate.

Affiliates can earn significant profits by promoting mass tort offers, but they need to be careful in selecting the right offer that complies with all relevant laws and regulations. To stand out, affiliates should consider ad creatives that grab the attention of potential leads, target audience, and offer support.

The challenges of mass tort litigation include communication, cost, and case development. As a marketer, highlighting the compensation, using personal and mass-oriented communication, and picking the right audience without overspending can be challenging, but the prize is worth it.

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