Texas Cracks Down on Digital Barratry: What Case Aggregators Don’t Want You to Know

Texas has officially modernized its barratry laws to address a growing problem in the digital age: online case aggregators targeting injury victims for profit.

With the passage of Texas House Bill 2733, the state expanded criminal liability for digital solicitation tactics that have increasingly been used by third-party lead generators and case sellers.

For Texas accident victims, this is a major development.

For online case aggregators, it’s a direct warning.

At Thomas J. Henry Law, we believe injured Texans deserve to choose their lawyer freely, not be funneled through a pay-per-lead marketplace.

What Is Digital Barratry?

Barratry has long been illegal in Texas under Penal Code § 38.12. Historically, it referred to “ambulance chasing”, a form of in-person or phone solicitation of accident victims.

But the internet changed the game.

Today, solicitation often happens through:

• Targeted ads triggered by accident searches
• Websites designed to look like neutral “help centers”
• Text messages or direct social media outreach
• Lead forms that sell victim information to the highest bidder

HB 2733 clarifies that electronic communications and digital lead generation can fall under criminal barratry laws when used to solicit legal employment unlawfully.

This includes conduct by non-lawyers.

The Real Target: Case Aggregators and Lead Sellers

The biggest impact of the law is on case aggregators. These are companies that:

1. Bid on law firm names in Google Ads
2. Intercept branded searches
3. Collect accident victim information
4. Sell those leads to participating firms

These businesses often:

• Operate under generic names like “Accident Help Center”
• Avoid clearly disclosing they are not a law firm
• Route cases to firms willing to pay per signed case

This creates a marketplace where injured Texans become commodities.

Under HB 2733, certain digital solicitation practices tied to compensation may now trigger felony criminal exposure, not just ethics complaints.

That is a significant shift.

How Aggregators Intercept Injury Victims

Here is how the funnel typically works:

Step 1: A crash happens. The victim searches “best car accident lawyer in San Antonio” or even a specific firm by name.

Step 2: A third-party ad appears above the actual firm. The aggregator captures the click.

Step 3: The victim fills out a form. They believe they are contacting a specific law firm.

Step 4: The lead is sold. The case is routed to whichever firm pays for it.

In many situations, the victim never speaks with the firm they originally intended to contact.

This model has driven up PPC costs across Texas and diluted branded search integrity. But more importantly, it raises ethical and now criminal questions under updated Texas law.

What HB 2733 Changes

Texas House Bill 2733 modernizes Texas’s barratry statute to:

• Cover digital communications and electronic outreach
• Expand liability to include compensated solicitation schemes
• Address deceptive online marketing practices
• Close loopholes that allowed non-lawyer intermediaries to operate in gray areas

In practical terms, if a company is:

• Soliciting injury victims digitally,
• Doing so with intent to obtain legal employment,
• And receiving compensation tied to that solicitation,

they may now be exposed to criminal liability.

This is not theoretical. The statute carries felony implications in certain circumstances

Why This Matters to Texas Injury Victims

Immediately after an accident, victims are vulnerable. They are dealing with:

• Medical treatment
• Insurance adjusters
• Financial stress
• Pain and uncertainty

The last thing they need is a hidden middleman profiting from their situation.

Digital barratry laws exist to protect your right to:

• Choose your own attorney
• Make informed decisions
• Avoid deceptive marketing funnels

If someone contacts you unsolicited after an accident — especially through text, DM, or a suspicious website — you should be cautious.

Ethical Representation vs. Case Selling

There is a clear difference between:

Law firms marketing their services directly, and third parties selling access to injured Texans.

At Thomas J. Henry Law:

• We do not buy cases from aggregators.
• We do not pay per signed case.
• We do not solicit injury victims through direct digital outreach.

When you contact our firm, you are speaking directly with our team — not a reseller, broker, or lead warehouse.

That distinction matters more than ever under Texas law.

The Bigger Impact on the Legal Industry

HB 2733 signals that Texas is taking a firm stance against:

• Pay-per-lead personal injury marketplaces
• Branded search interception schemes
• Hidden referral arrangements
• Digital solicitation targeting vulnerable accident victims

For legitimate firms, this levels the playing field.

For aggregators operating in gray areas, it creates real legal risk.

If You Were Routed Through a Third-Party Site

If you:

• Tried to contact a specific law firm but were redirected,
• Filled out a form on a site that was not actually a law firm,
• Or were contacted digitally after an accident without requesting it,

you may have encountered digital barratry.

You have the right to choose who represents you.

Protecting Your Right to Choose

Texas has made it clear: Injury victims are not products.

With the expansion of the barratry statute through Texas House Bill 2733, the state has stepped in to address how digital case solicitation operates in the smartphone era.

If you have questions about your rights — or believe you were targeted by an online case aggregator — contact Thomas J. Henry Law directly.

You should always choose your lawyer. Your lawyer should never be chosen for you.