The mass tort landscape is constantly evolving, and 2027 could bring new and challenging litigation opportunities. As emerging technologies and consumer products come under increased scrutiny, it is important for law firms to stay informed about developments that could lead to litigation.
But identifying promising litigation opportunities is only part of the equation. Knowing when to act, where to invest and how to approach plaintiff acquisition can be just as important as recognizing the next major mass tort.
To help law firms prepare for the year ahead, Top Class Actions CEO Scott Hardy and COO Steve Williams share their perspectives on the trends they are watching, the litigation opportunities they anticipate and their advice for building a successful plaintiff acquisition strategy.
Industries that could face increased litigation in 2027
From emerging technologies to everyday consumer products, Hardy and Williams anticipate that plaintiff attorneys will find new opportunities across a broad range of industries.
Technology and AI-related harm
Social media harm, video game addiction and injuries allegedly linked to AI chatbots are among the technology-related mass torts gaining attention.
Several recent developments suggest this litigation could continue to grow:
- Significant settlements: A recent $17.1 billion multistate settlement involving social media addiction could encourage more consumers to explore their legal options.
- Increased action by state attorneys general: States such as Florida and California continue to pursue legal action against major technology companies over alleged harm to consumers, particularly children and teens.
- Expanding legal theories: Attorneys continue to develop new legal theories involving allegedly addictive platform design features, opening the door to additional lawsuits against technology companies.
Consumer products and emerging technologies
Innovative consumer products may also face greater scrutiny as manufacturers incorporate advanced technologies into everyday goods.
Carbon-plated running shoes are one example of how technological innovation can introduce unexpected risks. Widely marketed for their performance benefits, these products have begun attracting legal attention following reports of injuries.
As manufacturers continue incorporating new technologies into consumer products, innovations intended to improve performance or functionality may introduce unforeseen risks, potentially leading to additional product liability lawsuits.
Pharmaceuticals, supplements and peptides
Growing consumer interest in alternative health and wellness products is creating new opportunities for manufacturers, but it is also raising questions about product safety and marketing practices.
With the increased popularity of GLP-1 medications, we have seen significant growth in products marketed as GLP-1 alternatives. Dozens of manufacturers are now promoting supplements and other products claiming to offer similar benefits. These companies may face increased scrutiny over their marketing practices, product effectiveness and long-term safety.
Peptides represent another area to watch. Growing consumer interest has fueled a booming market, but many of the products currently on the market are sold as “not intended for human consumption.” As more peptide manufacturers enter the U.S. market and products intended for human use become available, users may begin reporting potential side effects, safety concerns and resulting harm.
Food manufacturers and product labeling
The food industry has long attracted the attention of plaintiff attorneys, but ongoing investigations into the potential health risks of ultra-processed foods and allegedly misleading product labels are bringing new issues into focus.
Products marketed as “zero sugar” or “no sugar added” are one area of growing interest. A recent decision concerning the classification of allulose as a sugar could raise questions about whether dozens of food manufacturers have misled consumers.
Online gambling
While many lawsuits involving online gambling have focused on its legality in individual states, newer cases are beginning to examine platform practices and potential harm to consumers.
Getting ahead of emerging litigation: When should firms act?
Being able to identify emerging mass tort opportunities before they gain widespread attention can give law firms a competitive advantage. That said, determining when to launch a plaintiff acquisition campaign requires balancing two things: the benefits of early action and the risks of investing in unproven litigation.
The case for moving quickly
According to Hardy, launching plaintiff acquisition efforts as early as possible can help firms establish a stronger position as litigation develops.
Being among the first to file may provide opportunities to shape early proceedings and establish experience representing plaintiffs with particularly serious injuries.
Early action may also offer financial advantages. For example, plaintiff acquisition costs in social media harm litigation have reportedly increased from approximately $1,500 per acquisition to as high as $3,500 as interest in the litigation has grown. Those costs could rise further as additional settlements are announced.
The case for a more measured approach
Williams, however, emphasizes the importance of gathering information before signing plaintiffs and committing significant resources.
While early research and outreach can help firms prepare, emerging litigation often involves uncertainty. Some claims may ultimately prove difficult to pursue, and litigation strategies can change as cases progress.
Taking a more measured approach can also give firms additional time to evaluate potential co-counsel partnerships and identify the types of claims most likely to succeed.
Ultimately, the decision is not simply whether to act early, but how much to commit before the strength and direction of emerging litigation become clear.
Advice for building your 2027 plaintiff acquisition strategy
Identifying promising litigation opportunities is only part of building a successful plaintiff acquisition strategy. Law firms must also consider how they allocate their resources, measure campaign performance and choose marketing partners.
Measuring the success of your campaignÂ
Many marketing campaigns use lead volume as an indicator of success. Nevertheless, Williams emphasizes the importance of measuring campaign performance by the number of signed, documented cases. Marketing efforts may generate hundreds of leads, but that does not always translate into hundreds of plaintiffs.
Considering the true cost of plaintiff acquisitionÂ
Williams also reminds attorneys to consider the time and resources required to evaluate those leads. If leads are not prequalified, associates and paralegals may spend weeks reviewing them to identify viable cases. Being inundated with unqualified leads may actually increase the true cost of acquisition.
Choosing the right marketing partnerÂ
With these considerations in mind, Hardy recommends choosing marketing partners carefully. Working with a trusted vendor who communicates openly and is willing to address problems as they arise can help firms save time and resources while creating a better experience for potential plaintiffs.
At Top Class Actions, we understand the importance of building trusted partnerships with law firms and helping them make informed decisions about their plaintiff acquisition efforts. For firms exploring emerging litigation, we can help identify prequalified potential plaintiffs and gauge consumer interest without requiring an immediate investment in a costly marketing campaign.
Preparing now for the opportunities ahead
No one can predict exactly which mass torts will gain traction in 2027, and the next major mass tort may still be taking shape. However, law firms do not have to wait until litigation gains momentum to start preparing.
Does your firm have an emerging case theory or an upcoming investigation? Contact the Top Class Actions team to discuss your ideas and start planning your 2027 plaintiff acquisition campaign.
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