Lead Buyer Agreement

Nature of Relationship and Regulatory Framework

Legal Online Directory (the "Company") operates as a lead generation platform and attorney-referral service. By purchasing leads, you (the "Lead Buyer") acknowledge that the Company is not a law firm, does not provide legal advice, and does not represent consumers in any legal capacity.

This Agreement is governed by a complex framework of federal and state laws designed to protect consumer privacy and regulate the legal profession. Lead Buyer agrees to comply with the Federal Trade Commission (FTC) Act (15 U.S.C. § 45), the Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227), and the Telemarketing Sales Rule (TSR) (16 C.F.R. Part 310). Furthermore, Lead Buyer acknowledges that attorney-client relationships are governed by state-specific Rules of Professional Conduct, particularly those modeled after ABA Model Rules 7.1 through 7.3 regarding communications about legal services and solicitation of clients.

Compliance with TCPA and FCC One-to-One Consent Rules

Lead Buyer acknowledges the 2024-2025 updates to the FCC’s TCPA regulations (47 C.F.R. § 64.1200), which require "one-to-one" prior express written consent for telemarketing calls or text messages generated via lead-generator websites.

1. One-to-One Consent: The Company captures consent for a specific Lead Buyer or a clearly defined list of selected providers. Lead Buyer may only contact the consumer if their specific firm name was presented to and selected by the consumer at the point of lead submission.
2. Scope of Consent: Consent is limited to the specific legal service or topical matter requested by the consumer. Lead Buyer shall not use the lead for cross-marketing unrelated services (e.g., selling financial products to a personal injury lead) without independent consent.
3. Record Retention: The Company maintains "LeadiD" or "Jornaya" tokens as evidence of consent. Lead Buyer must retain records of compliance for at least five (5) years from the date of the last contact with the consumer.
4. Revocation: In accordance with 47 C.F.R. § 64.1200(a)(11), consumers have the right to revoke consent "in any reasonable manner." If a consumer notifies the Company of a revocation, the Company will notify the Lead Buyer. Lead Buyer must cease all automated communications within ten (10) business days of receipt of such notice.

State "Mini-TCPA" and Telemarketing Laws

Lead Buyer must adhere to state-specific telemarketing statutes which may be more restrictive than federal law.

• Florida: Fla. Stat. § 501.059 (Florida Telephone Solicitation Act) prohibits using automated systems to select or dial numbers without prior express written consent and limits the number of calls within a 24-hour period.
• Washington: Wash. Rev. Code § 80.36.400 prohibits certain types of automated commercial solicitations.
• Oklahoma: Okla. Stat. tit. 15, § 775C.1 (Oklahoma Telephone Solicitation Act of 2022) mirrors many of the restrictive Florida provisions.

Lead Buyer is responsible for ensuring their dialing technology and frequency of contact comply with the specific "Time of Day" and "Durable Power of Attorney" restrictions in the state where the lead resides.

Data Privacy and Comprehensive State Privacy Laws

The Company collects Personal Information (PI) from consumers under various state privacy regimes. Lead Buyer agrees to treat all leads as "Personal Information" under the following:

• CCPA/CPRA (California): Cal. Civ. Code § 1798.100 et seq. Lead Buyer acts as a "Third Party" or "Service Provider" depending on the transaction type. You must honor "Global Privacy Control" (GPC) signals and "Do Not Sell/Share" requests transmitted by the Company.
• VCDPA (Virginia), CPA (Colorado), CTDPA (Connecticut): Lead Buyer must implement reasonable administrative, technical, and physical data security practices to protect the lead data.
• Texas Data Privacy and Security Act (TDPSA): Effective 2024, Lead Buyer must comply with Texas-specific consumer rights for data access and deletion.

Lead Buyer is prohibited from "selling" lead data (as defined by the CCPA/CPRA) to third-party data brokers. Lead Buyer may only "process" the data for the purpose of providing the legal consultation requested by the consumer.

Attorney Ethics and Fee-Sharing Restrictions

The purchase of leads and the use of the attorney case-exchange involve strict adherence to the ABA Model Rules of Professional Conduct and corresponding state bar rules.

1. Non-Exclusive Referrals: In accordance with ABA Model Rule 7.2(b), the Company does not require Lead Buyer to refer clients exclusively to the Company.
2. Fee Splitting (Rule 5.4): In most jurisdictions (e.g., NY, TX, IL, FL), attorneys are prohibited from sharing legal fees with non-lawyers. The Company charges a "flat marketing fee" or "per-lead fee" that is not contingent upon the outcome of a case or a percentage of the legal fee earned, ensuring compliance with state bars.
3. Fee Sharing with Other Attorneys (Rule 1.5(e)): If the Lead Buyer uses the "Case Exchange" to refer a lead to another firm for a referral fee, the Lead Buyer certifies that: (a) the division is in proportion to the services performed or each lawyer assumes joint responsibility; (b) the client agrees to the arrangement, including the share each lawyer will receive, confirmed in writing; and (c) the total fee is reasonable.
4. Arizona and Utah Exceptions: Lead Buyer acknowledges that Arizona (ER 5.4) and Utah (Licensed Legal Practitioners) have amended rules allowing certain fee-sharing with non-lawyer-owned entities. The Company operates in these states under their respective Alternative Business Structure (ABS) or Sandbox frameworks where applicable.

Truth in Advertising and FTC Section 5

Lead Buyer represents that all information provided for their directory profile or used in response to a lead is truthful and not misleading.

• FTC Act, 15 U.S.C. § 45: Prohibits unfair or deceptive acts or practices. Lead Buyer shall not claim "specialization" or "certification" unless permitted by their state bar and verified in their profile.
• UPL (Unauthorized Practice of Law): Lead Buyer shall not allow non-attorney staff to provide legal advice during the initial lead intake process.
• Endorsements: Any testimonials or endorsements used by the Lead Buyer must comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).

Lead Delivery, Quality, and Refund Policy

The Company provides leads on an "AS IS" basis. While the Company utilizes fraud detection tools (such as IP filtering and CAPTCHA), the Company does not guarantee the conversion rate, veracity, or financial capacity of any lead.

• Credit Requests: Lead Buyer may request a credit for "bad leads" (e.g., disconnected phone numbers, obvious test data like "Mickey Mouse," or out-of-state leads for single-state licenses) within five (5) business days of delivery.
• Dispute Resolution: All disputes regarding lead quality or billing must be submitted through the /contact page.
• No Guarantees: Acquisition of a lead does not guarantee an attorney-client relationship. Lead Buyer is solely responsible for performing conflict checks required by ABA Model Rule 1.7 prior to engaging a lead.

Gramm-Leach-Bliley Act (GLBA) and Financial Privacy

For Lead Buyers purchasing leads related to bankruptcy, debt relief, or tax resolution, the Lead Buyer may be considered a "Financial Institution" under the GLBA (15 U.S.C. §§ 6801-6809). Lead Buyer agrees to maintain a written Information Security Program as required by the Safeguards Rule (16 C.F.R. Part 314) to protect the non-public personal information (NPI) of the lead.

Fair Credit Reporting Act (FCRA) Compliance

Lead Buyer is prohibited from using lead data from the Company to determine a consumer's eligibility for credit, insurance, or employment. The Company is not a "consumer reporting agency" as defined by the FCRA (15 U.S.C. § 1681 et seq.), and the information provided is not a "consumer report." Use of lead data for such purposes is a material breach of this Agreement and a violation of federal law.

Indemnification and Liability

Lead Buyer shall defend, indemnify, and hold harmless the Company and its affiliates from any third-party claims, damages, or penalties (including reasonable attorney fees) arising from:

1. Lead Buyer's violation of the TCPA, TSR, or state "Mini-TCPA" laws.
2. Lead Buyer’s failure to adhere to the Rules of Professional Conduct in their respective jurisdiction.
3. Breaches of data privacy laws resulting from Lead Buyer's handling of the PI after delivery.

The Company’s total liability for any claim arising out of this Agreement shall not exceed the total amount paid by the Lead Buyer to the Company in the three (3) months preceding the event giving rise to the claim.

Contact

For questions regarding lead delivery, compliance documentation (LeadiD/Jornaya tokens), or billing disputes, please visit our Contact page.