States Take the Lead on Third-Party Litigation Funding Reform

By Lewis Nibbelin, Research Writer, Triple-I

The Louisiana Department of Insurance’s new partnership to combat marketing tactics tied to third-party litigation funding (TPLF) is only the latest in a wave of state efforts to limit the practice across the country.

TPLF occurs when outside investors profit from lawsuits by paying for legal costs in exchange for a share of the settlement or judgement if the suit wins. In practice, this incentivizes prolonged and unnecessary cases and can culminate in extreme nuclear verdicts of $10 million or more.

By partnering with the National Insurance Crime Bureau (NICB) and digital intelligence company 4WARN to investigate and raise awareness of these practices, the Louisiana department aims to shield the public “from opportunists who manipulate the claims process to fuel excessive litigation, which is a primary driver of our high insurance costs,” said Insurance Commissioner Tim Temple.

A joint study from NICB and 4WARN reveals that third parties invested an estimated $380 million into online search ads from June 2024 to June 2025, attracting 27.8 million clicks to TPLF-hosted websites in June of last year alone. Some mislead policyholders into believing they are communicating with their insurer to escalate disputes before they talk to the insurance company, the Louisiana insurance department said, reflecting a coordinated online claimant recruitment system designed to promote legal system abuse.

Beyond inflating insurance premiums, TPLF costs each U.S. household more than $600 annually, at $192.79 per individual, in lost earnings and purchasing power, according to a report from the Perryman Group and Citizens Against Lawsuit Abuse. Another finding suggests direct annual losses associated with TPLF total $35.8 billion as of 2024.

A growing trend

Legislation targeting TPLF reached a record nationwide high last year, including within a package of Georgia reforms that, among other things, requires litigation financiers to register with the state Department of Banking and Finance and prohibits them from influencing case outcomes, such as by making decisions related to settlements or counsel selection. In the wake of these reforms, the Peach State has welcomed a trend of major auto insurance rate reductions and unprecedented dividends for thousands of drivers.

More recently, a new Mississippi law that takes effect July 1 will mandate disclosure of foreign litigation funding to prevent foreign entities from exploiting the U.S. legal system for sensitive information. Utah passed its own bill in March, introducing comparable restrictions.

Legislation that passed a Michigan House committee earlier this month would bar foreign TPLF altogether, as well as require disclosure and registration of all funders in TPLF-backed cases. Similar bans on foreign TPLF have been proposed in Missouri, Tennessee, and Ohio, with bills in the latter two states both passing their state Houses.

Louisiana lawmakers have also introduced legislation to increase TPLF transparency, building on the state’s 2024 law introducing some oversight of foreign TPLF. The proposed bill would further require attorneys to disclose TPLF contracts either within 30 days of being retained as counsel or 30 days of entering a funding agreement, depending on whichever action comes first. Though the bill failed to receive a vote in the state’s previous legislative session, it continues to garner strong bipartisan support.

While Louisiana’s overall premium rates declined in 2025, including a 5.8 percent average decrease in auto premiums, Temple noted in a separate statement that “we should not necessarily expect to see this level of decrease in future years unless we continue to pursue legal reform that addresses the foundational reasons our rates are the highest in the country.”

Learn More:

Legal System Abuse Awareness Campaign Spreads Across U.S.

Florida Premiums Drop Amid Post-Reform Stability

Triple-I Legal System Abuse Awareness Campaign Enters California, Illinois

La. Auto Insurance Rates Benefit from Declines in Frequency, Severity

Reining in Third-Party Litigation Funding Gains Traction Nationwide

Significant Tort Reform Advances in Louisiana

Georgia Targets Legal System Abuse

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