Plaintiff attorneys NEED to be asking the following questions:
- Does the name of your settlement planner or structured settlement broker appear in testimonials to factoring companies that buy the rights to structured settlement payments that YOUR settlement planner set up, is setting up, or recommending to YOUR clients?
- Are structured settlement brokers and/or settlement planners cutting deals with factoring companies for exclusive or semi-exclusive cross referrals of business? You don't have to go far to see a factoring company come up under keyword searches for terms such as "structured settlement quote" or "free structured settlement quote". When a confused consumer calls them with a "structured settlement quote" inquiry, where do those leads go and at what price? Is there a disclosure of the relationship?
- Does your settlement planner or structured settlement broker engage in providing advice or referring business to a factoring company for compensation is there a disclosure of such on the firm's web site and marketing materials?
While structured settlement brokers and settlement planners have information concerning the hundreds or thousands of cases that they've worked on and most do nothing to betray that confidence, why do some continue to generate ethical concerns?
One factoring company, Strategic Capital, continues to post the testimonials of three structured settlement brokers and/or settlement planners. I am aware that one of the plannners/ brokers has repeatedly requested the removal of his name. Frankly, I don't know what the President of another brokerage firm is doing, picture and all, endorsing a company that claims it can produce "free structured settlement quotes." What is he thinking?
Statements attributed to settlement planners- "it's legal now", "it's a fact of life", "if they don't like it it's tough"- are bold, apathetic statements.
I wonder how tough these folks would be if the plaintiff attorneys they serve knew the truth, particularly the issue of their potential exposure as a result of unliateral disclosures of confidential information from settlement documents , by those in the minority, to factoring companies.
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