Proposed Law Will Make Telephone Solicitation of Accident Victims Illegal | Dallas, Texas Personal Injury Attorney Blog
The Texas legislature has passed HB 148, a bill that has been widely supported by the Texas Trial Lawyers Association, Texas Chiropractic Association and by various insurance groups to stop the practice of soliciting the victims of auto accidents and other incidents illegal via telephone or in person. The bill still needs Governor Perry’s signature to become law, but considering the widespread support of this bill from all sides of the political spectrum, Governor Perry is expected to sign the bill into law. The new law would make such solicitation a criminal offense.
This legislation is particularly aimed to stop the practice of “public adjusters,” telemarketers and solicitors who contact accident victims by purchasing accident reports from local police departments in order to encourage the victims to see a particular doctor or attorney by promising them money.
While some people may be surprised to hear that the Texas Trial Lawyers Association ( a group of lawyers that primarily represent accident victims) and the Texas Chiropractic Association have long since supported this type of legislation. This legislation is seen as a way to curtail questionable legal and medical practices that negatively impact the value of meritorious claims. This legislation is also expected to help victims of accidents get better medical care and better legal representation by stopping the practice of soliciting accident victims.
This law does not change anything for lawyers, as it was already a crime and an ethical violation for lawyers to make an unsolicited contact of accident victims. However, there was a loophole in the law that allowed chiropractors to purchase these police reports and to contact accident victims. This new law is seen as a way to close that loophole.
While this new law makes the solicitation of these accident victims a crime, it is important to note that this proposed new law does not make it illegal for a doctor or a lawyer to advertise their services because every business has the right to advertise. Just like the insurance companies that pay millions of dollars to advertise and to market their business on TV, radio, internet and in the paper, doctors and lawyers have the same right to advertise their business. Further, just like it is not unethical for an insurance company to advertise, it is not unethical for doctors or lawyers to advertise as long as the ads are not misleading.
At Montes Herald Law Group, LLP, we strongly support this bill, and we hope that it becomes law. We have seen victims of car wrecks who are seriously injured have the value of their claim diminished because the insurance companies have tried to convince people through their advertising campaigns that all attorneys are “ambulance chasers” or that every injured person is faking it. As in all professions, there are a few bad apples that ruin it for everybody. If you are contacted directly by a solicitor, we encourage you to report that contact to the State Bar of Texas and to your local district attorney. The truth is that the vast majority of all doctors and attorneys conduct themselves in a completely ethical and legal manner, and would never engage in such solicitation.
You should never pick your doctor or your attorney simply because they have a good advertisements. What really matters is experience.
Attorney Rachel Montes has earned a reputation as a no-nonsense, assertive advocate determined to take on and overcome powerful opponents. In 2006, she was recognized as one of Dallas’ “Best Lawyers Under 40,” reflecting not only her success in obtaining millions in recoveries by settlement and trial verdict, but her tireless effort in every case we handle. Mrs. Montes is a dynamic, innovative courtroom and negotiating presence, known for her follow-through and engaging communication style.