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California SB 37 and MVA leads

SB 37 has applied since January 1, 2026. It does not ban buying leads. It attaches private lawsuits to an older rule on referral services, and that rule is where a California lead purchase can go wrong.

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By Tarun Kapoor, Founder · Published October 16, 2026 · Statute text checked against the official California legislative record

Not legal advice. This is general information, not legal advice; confirm with your own counsel or the State Bar of California’s Ethics Hotline. We sell MVA leads, so read what follows with that in mind.

What SB 37 does

California SB 37 (Chapter 645, Statutes of 2025), in force since January 1, 2026, requires legal advertisements subject to the State Bar Act — including ads run by non-lawyers — to name a responsible California lawyer, law firm, certified lawyer referral service, or joint advertiser, and to state the city, town, or county of a bona fide office or the State Bar address of record. It also lets any person sue cappers and uncertified referral services for $5,000–$100,000 per violation.

Senate Bill 37, by Senator Thomas Umberg, was approved by the Governor on October 11, 2025 and chaptered as Chapter 645 of the Statutes of 2025. It amends Business and Professions Code §§ 6153, 6155, 6157, 6157.2, 6158.4, 6158.5 and 6158.7, and adds § 6156.5. The changes, section by section:

What SB 37 does not do

Some summaries of SB 37, including AI-generated search answers we reviewed, describe the law more broadly than its text. Read against the statute, five of those claims need narrowing.

The change most summaries leave out is the one that matters most to a firm buying leads: the new private right of action over referral services.

What SB 37 means for buying MVA leads in California

SB 37 does not ban buying MVA leads in California, and it never mentions lead generators. The exposure sits in the referral-service rule: Business and Professions Code § 6155 has long barred attorneys from accepting referrals from a service the State Bar has not certified, and SB 37 added a private right to sue over it for $5,000–$100,000 per violation. An ad that names your firm is advertising; a funnel that routes claimants to a firm the ad never named can be a referral.

The rule itself is old. Section 6155(a) bars any non-governmental entity from operating “for the direct or indirect purpose, in whole or in part, of referring potential clients to attorneys” without State Bar certification, and says “no attorney shall accept a referral” from one that lacks it. Since 1994 the statute, now at § 6155(g)(2), has described certifiable referral activity as a third party that “refers the consumer to an attorney or law firm not identified in the advertising.”

The Court of Appeal applied that language to an online intake platform in Jackson v. LegalMatch.com (Cal. Ct. App., First Dist., No. A152442, filed November 26, 2019). It held that “a referral occurs when an entity directs or sends a potential client to an attorney,” whether or not the entity exercises judgment on the person’s legal issue first. LegalMatch was engaged in “certifiable referral activity, not mere advertising,” because it did not advertise the names of its subscribing attorneys and clients learned a lawyer’s name only after the referral. LegalMatch was paid by yearly or multi-year subscription and, according to the opinion, received no fee when an attorney-client relationship formed. That fee structure did not keep it outside § 6155.

What SB 37 changed is the cost of getting this wrong. Before 2026, § 6155 itself gave a private party only an injunction against a violation; civil penalties were for public prosecutors and the State Bar to recover (under former § 6156, now § 6155.1). Now any person, whether a consumer, a competitor or another law firm, can sue for $5,000 to $100,000 per violation or three times actual damages, and on the statute’s text that reaches the attorney who accepts the referral as well as the service that makes it. In setting the amount, the court weighs the number of violations, how long the conduct ran and the defendant’s net worth, among other things (§ 6156.5(b)). The statute does not say what counts as one violation. If each accepted referral counts separately, exposure grows with every lead a firm buys.

Advertising or referral: three arrangements

ArrangementWhat the claimant seesHow we read the statute
Ads in your firm’s own nameAn ad that names your firm. The claimant contacts you.Your advertising. You answer for its content under § 6157.2 and for the § 6157.2(b) disclosures. If someone else pays for an ad made on your behalf, § 6157.3 requires the ad to disclose the business relationship.
Compliant joint advertisingAn ad that names each participating firm. The claimant chooses one and makes contact.Permissible joint advertising under § 6155(g)(1), provided every firm has also signed a joint advertising agreement taking liability for the content. § 6156.5(d) says the new private action does not prohibit it.
Unbranded funnel to an unnamed firmA “free case review” or “accident help” ad that names no firm. The claimant’s details go to a firm the ad never identified.Fits the pattern § 6155(g)(2) describes and the facts of Jackson. Lawful only through a State Bar-certified lawyer referral service; otherwise both the vendor and the firm that accepts the claimant are within reach of § 6156.5.

On our reading, the practical test is whether the consumer-facing ad identifies your firm, or a certified referral service. Exclusivity does not change the answer: a lead sold to one firm only is still routed to that firm. The pricing model does not settle it on its own either, as the subscription facts in Jackson show.

This is our reading of the text. As of October 2026 we had found no published appellate decision applying § 6156.5 to a lead purchase, so how a court would treat a particular arrangement is still open. For the wider vendor comparison (delivery, filters, credit terms), see our guide to how to buy MVA leads.

Questions to ask any California lead vendor, including us

Put the same questions to every vendor, us included, and get the answers in writing.

  1. Does the consumer-facing ad name your firm, or a State Bar-certified lawyer referral service? Ask for the live creative and the landing page, not a mock-up. If neither your firm nor a certified service is named, the claimant is being sent to a firm the ad never identified, which is the pattern § 6155(g)(2) describes.
  2. Is the vendor certified by the State Bar as a lawyer referral service? If the arrangement is a referral, State Bar certification is a precondition of it being lawful (§ 6155(a)). Check the State Bar’s directory of certified lawyer referral services rather than relying on the vendor’s word.
  3. If it is a joint ad, have you signed a joint advertising agreement? Section 6155(g)(1)(B) requires each participating firm to sign one that takes liability for the content. An ad that does not name you, with no agreement behind it, is not joint advertising.
  4. Does every ad carry the § 6157.2(b) disclosures? A responsible California lawyer, firm, certified referral service or joint advertiser, plus the city or county of a bona fide office or the State Bar address of record. Space-limited joint ads may link to a landing page instead.
  5. Who pays for the ad, and is that disclosed? An ad made on your behalf but paid for by someone else must disclose any business relationship, past or present, between you and the payer (§ 6157.3). Since SB 37, a licensee’s violation of that rule is cause for discipline (§ 6158.7).
  6. How is the fee set? California Rule of Professional Conduct 7.2(b) bars giving anything of value for recommending or securing the lawyer’s services, with a short list of exceptions; one is paying the reasonable costs of advertisements, and another is paying the usual charges of a qualified lawyer referral service. A fee per lead, per month or per signed case does not decide the § 6155 question by itself; Jackson involved a flat subscription. Ask what the fee pays for, and whether any part of it depends on a case being signed or how it resolves.
  7. Does anyone approach claimants in person? Acting as a runner or capper, or soliciting business for an attorney, in hospitals, on public streets or on private property is unlawful under § 6152(a), and § 6154 makes a client contract obtained through a runner or capper void. Ask where inquiries come from and whether any third party is paid for names.

Penalties: who can sue, for what, and how much

ProvisionWho brings itOver whatRemedy
§ 6153(c) — newAny personActing as a runner or capper, or soliciting for attorneys in the places § 6152(a) lists$5,000–$100,000 per violation or three times actual damages, whichever is larger; attorney’s fees; injunctive or declaratory relief
§ 6156.5 — newAny personAny violation of § 6155, including operating an uncertified referral service or accepting its referrals$5,000–$100,000 per violation or three times actual damages, whichever is larger; attorney’s fees; injunctive or declaratory relief
§ 6157.2(c) — newA consumer misled by the ad, after a State Bar complaint, a substantial-evidence finding, and no withdrawalAn advertisement that violates § 6157.2$5,000–$100,000 per unique advertisement or three times actual damages, whichever is larger; attorney’s fees; injunctive or declaratory relief
§ 6158.4(e) — widenedAny California residentEach broadcast that violates § 6157.2 (added to this list by SB 37), § 6158, § 6158.1 or § 6158.3Up to $5,000 per broadcast, paid into the State Bar’s Client Security Fund
§ 6158.7 — widenedThe State BarA licensee’s violation of § 6157.1, § 6157.2(a)–(b) or § 6157.3 (the three SB 37 added to this list), or of § 6158, § 6158.1 or § 6158.3Professional discipline
§ 6153(a) — existingProsecutorsA violation of § 6152(a) (capping)First conviction: up to one year in county jail, a fine of up to $15,000, or both. Repeat convictions: up to one year in county jail or two, three or four years under Penal Code § 1170(h), a fine of up to $15,000, or both
§ 6155.1 — existing (formerly § 6156)Public prosecutors or the State BarViolations of § 6155Civil penalties under the unfair competition and false advertising statutes
§ 6154 — existing—A client contract obtained through a runner or capperThe contract is void; fees are divested in unfair competition actions

The State Bar complaint and review procedure in § 6158.4 applies to licensees, certified referral services and participants in compliant joint advertising (§ 6158.4(d)). Each of the new private actions exists independently of any action, or inaction, by a government agency.

What changes on January 1, 2027

We found two bills passed in 2026 that amend sections SB 37 touched. Both were majority-vote bills without an urgency clause or a delayed operative date, so they are scheduled to take effect January 1, 2027.

Sources

Statute text was checked on October 16, 2026 against the Legislative Counsel’s official data. That code data, current to October 3, 2026, did not yet include AB 2039 or AB 540, which are scheduled to take effect January 1, 2027.

FAQ

Frequently asked

What is California SB 37?
California SB 37 (Chapter 645, Statutes of 2025), in force since January 1, 2026, requires legal advertisements subject to the State Bar Act — including ads run by non-lawyers — to name a responsible California lawyer, law firm, certified lawyer referral service, or joint advertiser, and to state the city, town, or county of a bona fide office or the State Bar address of record. It also lets any person sue cappers and uncertified referral services for $5,000–$100,000 per violation.
Is it legal to buy MVA leads in California after SB 37?
SB 37 does not ban buying MVA leads in California, and it never mentions lead generators. The exposure sits in the referral-service rule: Business and Professions Code § 6155 has long barred attorneys from accepting referrals from a service the State Bar has not certified, and SB 37 added a private right to sue over it for $5,000–$100,000 per violation. An ad that names your firm is advertising; a funnel that routes claimants to a firm the ad never named can be a referral.
What should I ask an MVA lead vendor before buying?
The questions that actually separate vendors are about exclusivity definition, lead origin, consent artifacts, credit windows, and who owns the campaign data — not price. The full vetting script is on our MVA lead vendor questions page.

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