How Law Firms Can Accelerate Traction in a Class Action

Class actions represent one of the most powerful mechanisms for achieving justice at scale in Australia. With 79 new class action filings in 2024/2025—the highest on record—and over $1.9 billion in settlements approved, the Australian class action landscape has never been more active. Yet despite this growth, many law firms struggle with a critical challenge: building momentum and attracting sufficient claimants to make their cases viable and impactful.

After working with Erin Brockovich on a number of issues that manifested into class actions, including numerous environmental matters and Essure (in the US), I’m often surprised by the lack of comprehensive and potent marketing strategies utilised by Australian law firms looking to run one.

As we know the path from filing a class action to achieving meaningful participation is far from straightforward. Unlike traditional litigation where a single client retains your services, class actions require you to identify, engage, and mobilise potentially thousands of affected individuals—many of whom may not even realise they have grounds to join. This challenge has become more complex in 2025 as recent high-profile cases have raised questions about legal costs and transparency. When legal fees balloon from a promised 15% to 50% of a settlement—as occurred in the recent BHP shareholder class action where lawyers received $48 million from a $110 million settlement—potential claimants understandably become more cautious about participation.

Understanding the Australian Class Action Landscape

Australia’s class action regime, introduced in 1992 through Part IVA of the Federal Court of Australia Act, operates on an “opt-out” basis—meaning all potential group members are automatically included unless they actively choose to exclude themselves. This differs from the US “opt-in” model and creates both opportunities and obligations for firms pursuing these cases.

Class action activity in Australia has accelerated dramatically, with the 1,000th Federal Court class action filed in 2024. The first 500 took 25 years; the second 500 took only eight years. As Hall Payne notes, consumer claims now dominate the landscape, representing the most popular form of class action, with automotive defects, data breaches, employment disputes, and shareholder claims following closely behind.

However, recent trends reveal important reality checks that impact how you must approach claimant recruitment. While filing rates remain strong, the last ten cases that proceeded to full judgment all resulted in verdicts for defendants. This has made litigation funders more cautious and placed greater emphasis on case quality, rigorous qualification standards, and robust evidence—all of which depend on engaging the right claimants in sufficient numbers.

The Trust Crisis: Addressing Cost Concerns Head-On

Perhaps more significantly for traction-building efforts, 2025 has seen increased scrutiny of legal costs in class actions. The BHP shareholder class action case has become emblematic of these concerns: legal costs exceeded $48 million without even holding a trial, tripling the original 15% cap promised to group members. One senior class actions lawyer commented anonymously: “I’ve never seen this kind of scale in getting away with more than originally promised. It doesn’t matter what you say to group members—you can just change the position.”

Similarly, the robodebt settlement—Australia’s largest class action at $548.5 million—has raised questions about scheme administration costs and transparency, with the Federal Court appointing an independent contradictor to review legal and administrative costs despite objections from Gordon Legal.

The scrutiny intensified further when ABC’s Four Corners program broadcast a comprehensive investigation into class actions, law firms, and litigation funders in August 2025, raising fundamental questions about whether the system delivers justice or primarily enriches intermediaries. The program’s examination of fee structures, funder commissions, and actual claimant recoveries has resonated widely across Australian social media and community forums, fundamentally shifting how potential claimants evaluate whether to participate in class actions.

These cases create both challenges and opportunities for firms seeking to build traction. The challenge is overcoming heightened scepticism from potential claimants who may question whether joining a class action truly serves their interests. The opportunity is differentiation: firms that communicate clearly about costs, demonstrate transparency, and deliver on promises can build competitive advantages in an increasingly trust-conscious market.

Why Accelerating Traction Matters

The success of a class action depends fundamentally on three factors: the strength of your legal case, the quality of your evidence, and the size and engagement of your claimant group. While firms naturally focus on the first two, the third often receives insufficient attention until it becomes a critical weakness.

Building traction quickly delivers several strategic advantages. First, early momentum signals case viability to litigation funders, co-counsel partners, and the court itself. A well-mobilised group of engaged claimants demonstrates that your case has merit and market validation.

Second, timing matters enormously in class actions. Many cases involve statutes of limitation, regulatory windows, or time-sensitive evidence. The window for recruiting qualified claimants may be narrow—particularly in fast-moving matters like data breaches or product recalls. Firms that can mobilise community members quickly gain a decisive advantage over competitors pursuing the same claimants.

Third, a larger, more engaged claimant base strengthens your negotiating position in settlement discussions. Defendants and their insurers are more likely to offer meaningful settlements when faced with a substantial, committed group of plaintiffs.

Finally, inefficient client acquisition drains resources that could be invested in case preparation. Without systematic marketing strategies and efficient lead generation, firms risk spending excessive time on manual outreach, qualification calls, and administrative follow-up—work that could be automated or streamlined.

Identifying and Defining Your Target Group

The foundation of any successful class action marketing campaign is precision in identifying who needs to join your case. This requires moving beyond broad demographic categories to develop a detailed profile of your ideal claimant.

Start by defining the core eligibility criteria: What harm was suffered? During what time period? In which jurisdictions? What evidence must claimants possess? Who is definitively excluded? These technical requirements shape every subsequent marketing decision.

Next, develop a demographic and psychographic profile. Consider age ranges, geographic concentration, occupational patterns, income levels, digital literacy, and information consumption habits. A data breach affecting Medibank customers requires a different outreach strategy than an employment class action involving junior lawyers or a consumer claim about automotive defects.

Understanding your audience’s awareness level is equally important. Some potential claimants actively recognise they’ve been harmed and are seeking recourse. Others may be vaguely aware something went wrong but haven’t connected it to potential legal action. Still others have no idea they have grounds for a claim. Each group requires different messaging, channels, and conversion strategies.

Crucially, your target definition must also account for their likely concerns about legal costs and firm trustworthiness. Following high-profile cases where legal fees substantially exceeded original promises, potential claimants are more sophisticated and sceptical. Your marketing must proactively address these concerns rather than avoiding them.

Australian law firms should also consider cultural and linguistic diversity. With significant multicultural communities across Melbourne, Sydney, and Brisbane, ensuring your communications are accessible to non-English speakers or culturally specific communities may be essential, depending on your case.

Addressing the Elephant in the Room: Transparency About Costs

Before exploring marketing channels and tactics, successful firms in 2025’s environment must first establish credibility around costs and fees. This isn’t just an ethical obligation—it’s a marketing imperative.

Proactive Cost Communication Strategies

Rather than burying fee structures in fine print or avoiding the topic until forced, leading firms make cost transparency a competitive advantage:

Clear, Upfront Fee Disclosure: Create dedicated website sections and marketing materials that explicitly explain your fee structure, how it compares to industry standards, what protections exist against fee increases, and under what circumstances (if any) fees might change. For example: “Our firm commits to a maximum of 25% of any settlement going to legal costs and funding commissions. This cap is binding and cannot be increased without explicit group member approval through an opt-out mechanism.”

Comparative Context: Help potential claimants understand what represents reasonable vs. excessive costs. Reference industry benchmarks and explain factors that influence costs legitimately (case complexity, appellate work, expert witnesses) versus those that don’t justify dramatic increases.

Historical Track Record: Publish your firm’s actual cost outcomes from previous class actions. Show that your promises have matched reality. If you don’t have this track record yet, acknowledge it honestly and explain the protections you’ve built in.

Independent Oversight: Highlight any independent cost monitoring or review mechanisms in place. Courts increasingly appoint cost referees or contradictors—proactively embracing such oversight demonstrates confidence in your approach.

“What You’ll Actually Receive” Calculators: Create interactive tools that allow potential claimants to estimate their actual net recovery after costs. Transparency about the economic reality builds trust even when the numbers aren’t perfect.

This transparency serves multiple marketing functions: it differentiates you from competitors who avoid these discussions, it preempts objections before they arise, it builds trust that accelerates conversion, and it insulates your recruitment efforts from negative publicity when high-cost cases make headlines.

Digital Marketing Channels That Drive Class Action Participation

Once you’ve established transparency and trust, the next step is reaching potential claimants where they are. Modern class action marketing in Australia requires a sophisticated multi-channel approach that combines immediate visibility with long-term trust-building.

Search Engine Marketing and PPC

Pay-per-click advertising through Google Ads delivers immediate visibility for class action-related searches. When Australians search “Medibank data breach compensation” or “diesel emissions lawsuit Australia,” your firm can appear at the top of results with targeted ads. The cpc often isn’t too bad on relevant terms, though has a tendency to grow upon wider exposure.

The key to successful PPC for class actions is specificity. Generic legal advertising wastes budget; highly targeted campaigns focusing on precise case names, affected products, or specific incidents generate qualified traffic. Leverage Google’s location targeting to focus spend on relevant Australian cities or regions, and use negative keywords aggressively to filter out irrelevant traffic.

However, PPC for class actions in Australia faces increasing competition and cost pressures. As noted by industry research, without strong intake systems, expensive campaigns quickly become unsustainable. Every dollar spent must connect to a streamlined conversion path.

Search Engine Optimisation (SEO)

While PPC provides immediate results, comprehensive SEO strategies deliver sustained organic visibility. Class action cases often have extended timelines, making long-term search visibility invaluable. With Brockovich, when working on Essure, we launched a keyword rich domain with a plethora of user-generated content that before too long, was outranking Bayer’s Essure website pages.  In other words, when anyone in the US searched online for Essure, we dominated every search term.

In the very least, create dedicated landing pages for each class action that comprehensively answer potential claimant questions: What is this case about? Who qualifies? What compensation might be available? How much will I actually receive after costs? How do I join? What evidence do I need? These pages should be optimised for both traditional search and emerging AI-powered search tools like Google’s AI Overviews. Better still, build a dedicated site!

Develop supporting content that addresses related questions and concerns. Blog posts, FAQ sections, and educational resources position your firm as the authoritative source on the issue while capturing broader search traffic. For example, a class action involving vehicle defects might warrant content on consumer rights, Australian Consumer Law protections, warranty obligations, and product liability principles.

Content Marketing and Educational Resources

Strategic content marketing serves multiple purposes in class action traction building. First, it educates potential claimants who may not fully understand their rights or the nature of the harm they’ve suffered. Second, it builds trust by demonstrating expertise and commitment to the issue. Third, it improves search visibility and provides shareable assets for social media and email campaigns.

Content formats particularly effective for class action marketing include:

• Explainer articles that break down complex legal issues into accessible language
• Step-by-step guides on how to join the case, what documentation to gather, and what to expect
• FAQ sections addressing common concerns and objections, including frank discussions about costs and realistic outcome expectations
• Timeline visualisations showing case progress and key milestones
• Infographics simplifying statistics or explaining the legal process
• Cost comparison articles helping potential claimants understand what represents fair fees

All content must be scrupulously factual and compliant with legal advertising regulations. Never promise outcomes, exaggerate potential compensation, or make misleading claims about case status or likelihood of success. In light of recent controversies, be especially careful about fee representations—err on the side of conservative, transparent disclosure.

Video Marketing

Video content has become essential for engaging potential claimants, particularly for complex class actions that require significant explanation. Short-form video (under 90 seconds) performs well on social media platforms, while longer-form content (5-15 minutes) works for website embedment and YouTube.

Effective video content for class actions includes:

• Case overview videos explaining what happened, who’s affected, and what your firm is doing about it
• Cost transparency videos where you look directly into the camera and explain fee structures clearly and honestly
• Qualification checklist videos helping viewers self-identify whether they should join
• Lawyer introduction videos building personal connection and trust
• Process explanation videos demystifying what happens after joining
• Update videos keeping engaged claimants informed as the case progresses

Video content should be captioned for accessibility and search indexing, and optimised for mobile viewing since most social media engagement occurs on smartphones.

Social Media Engagement

Social media platforms offer powerful tools for both identifying and mobilising potential claimants. The key is matching your content strategy to platform dynamics.

Facebook remains valuable for reaching older demographics and enabling community building through groups. LinkedIn works well for professional or employment-related class actions. Instagram and TikTok increasingly reach younger Australians, particularly for consumer protection matters.

Rather than simply broadcasting case information, successful social media strategies for class actions foster genuine engagement. Share educational content, respond to comments and questions promptly (including tough questions about costs), create shareable graphics, and use relevant hashtags to increase discoverability.

Recent data shows that video content on social media can generate massive engagement—in one quarter alone, a class action marketing agency generated over 2.2 million video views with 17 videos going viral. This kind of reach can be transformative for building awareness and driving claimant participation.

Email Marketing for Nurturing and Retention

Email marketing plays a critical role in converting interested prospects into committed claimants and keeping existing participants engaged throughout what can be multi-year litigation.

Develop segmented email sequences based on where individuals are in the decision journey. Early-stage contacts might receive educational content about their rights and the case fundamentals. Those who’ve expressed interest but haven’t joined need reassurance, deadline reminders, clear cost information, and answers to common objections. Active claimants benefit from regular case updates, milestone celebrations, and preparation for key moments like hearings or settlement negotiations.

Personalisation significantly improves email performance. Address recipients by name, reference their specific concerns or circumstances where appropriate, and create pathways for direct responses. Automated email workflows can maintain consistent communication without overwhelming your team.

Underutilised High-Impact Tactics: Facebook Groups, Reddit, and Community Platforms

While traditional digital marketing channels provide foundational visibility, some of the most powerful traction-building opportunities exist in online communities where affected individuals naturally congregate, commiserate, and seek solutions. These platforms require different approaches but can deliver extraordinary results for minimal investment.

Facebook Groups: The Goldmine of Targeted Communities

Facebook groups represent perhaps the single most underutilised channel for class action marketing by Australian law firms. Unlike Facebook pages where you broadcast to followers, groups are communities where affected individuals self-select, share experiences, and actively seek information and support. We used this approach heavily with Brockovich.

Finding Relevant Facebook Groups

Start by identifying groups where your target claimants naturally gather. For a data breach class action, search for:

• Customer complaint groups for the affected company (“Medibank Customers Group,” “Optus Issues and Complaints”)
• General data privacy and security groups
• Consumer rights advocacy groups in Australia
• Technology and cybersecurity forums where people discuss breaches

For automotive defect cases, look for:

• Brand-specific owner groups (“Ford Ranger Owners Australia,” “Volkswagen Owners Club Australia”)
• Model-specific enthusiast communities
• Automotive problem-solving and advice groups
• Consumer advocacy groups focused on automotive issues

Employment class actions benefit from:

• Industry-specific professional groups (e.g., “Australian legal Workers,” “Retail Workers Australia”)
• Union-affiliated groups
• Workplace rights and fair pay advocacy communities
• Alumni groups from specific employers

Strategic Group Engagement (Not Spam)

Simply joining groups and posting advertisements for your class action will get you banned immediately and damage your reputation. Instead, employ these strategies:

1. Become a Valued Contributor: Join groups months before you need to recruit. Provide helpful, non-promotional advice on related issues. Build credibility as someone who genuinely understands and cares about the community’s concerns.
2. Monitor Conversations: Set up notifications for keywords related to your case. When people post complaints or questions about the relevant issue, provide thoughtful, educational responses. Example: If someone in a car owners group complains about a transmission failure, share factual information about consumer rights and protections without immediately pitching the class action.
3. The “Educational Post” Strategy: Rather than directly promoting your case, share genuinely useful content. Post an article you’ve written explaining Australian Consumer Law protections, workers’ rights, or data breach remedies. Include a subtle note at the end: “Our firm is currently pursuing a class action on behalf of affected customers. We’ve committed to transparent fee caps and independent cost oversight. If you’ve experienced this issue and want to learn more, feel free to message me directly.”
4. Address the “Fee Concern” Proactively in Group Discussions: When discussions naturally turn to questions like “But won’t the lawyers just take all the money?”—a common concern following high-profile cases—engage honestly. Acknowledge the concern is valid, explain what makes your approach different, and provide specifics about your fee structure and protections. This transparency builds trust exponentially more than evasion.
5. Leverage Group Admins: Reach out to group administrators privately, explain your case, and ask if they’d be willing to share information with members. Many admins are passionate advocates for their community and welcome legitimate opportunities to help members seek justice. Offer to do an AMA (Ask Me Anything) session or educational live video within the group.
6. Create Your Own Support Group: Establish a dedicated Facebook group specifically for individuals affected by the issue at the heart of your class action. Name it descriptively (e.g., “Medibank Data Breach Support Group” or “Ford Ranger Transmission Issues Australia”). Promote it through ads and other channels. As it grows, it becomes both a recruitment tool and a community engagement platform. Make it genuinely supportive, not just promotional—share news about the case, facilitate peer support, provide educational resources about rights and remedies.

Measuring Facebook Group Success

Track metrics including:

• Direct messages and inquiries generated from group activity
• Referral traffic from Facebook groups to your landing pages
• Qualitative feedback about how people learned about your case
• Growth rate if you’ve created your own support group
• Sentiment analysis of how people discuss your firm versus competitors in these spaces

Reddit: The Overlooked Intelligence and Engagement Hub

Reddit is often dismissed by law firms as too informal or difficult to navigate. This is precisely why it represents such an opportunity—your competitors aren’t there, but your potential claimants are.

Reddit for Keyword and Community Research

Before engaging on Reddit, use it as an intelligence-gathering platform:

1. Discover How People Actually Talk About the Issue: Search Reddit for terms related to your case. How do real people describe their experiences? What language do they use? What concerns do they raise? This vernacular should inform all your marketing copy.

For example, searching “Optus data breach” on r/Australia reveals how people actually discuss these incidents—they talk about identity theft fears, frustration with company responses, confusion about what recourse they have, and notably, significant cynicism about whether class actions actually benefit victims or just lawyers. This last insight is crucial for crafting messaging that addresses scepticism head-on.

2. Identify Pain Points and Objections: Read through complaint threads about the product, service, or incident at the heart of your case. What are people most upset about? What barriers prevent them from seeking legal recourse? What misconceptions do they have about their rights? Address these directly in your marketing materials.
3. Find Related Search Terms: Reddit discussions reveal the long-tail search terms that people actually use. Someone might not search for “Optus data breach class action” but they might search for “Optus leaked my Medicare number what can I do.” These terms should inform your SEO strategy.
4. Monitor Sentiment About Class Actions Generally: Pay close attention to how Redditors discuss class actions and legal fees. Following the BHP case, you’ll find discussions questioning whether class actions serve claimants or just enrich lawyers. These discussions reveal exactly what objections you must overcome in your marketing.
5. Uncover Competitor Intelligence: Search for mentions of other law firms pursuing similar cases. What do people say about them? What concerns do they raise? What do they praise? How can you position differently?

Strategic Reddit Engagement

Like Facebook groups, Reddit communities are highly allergic to obvious advertising. Successful engagement requires authenticity and value provision:

1. Relevant Subreddits: Identify Australian-focused subreddits where your target claimants gather:
   • r/AusLegal (for general legal questions)
   • r/AusFinance (particularly relevant for legal services or shareholder class actions)
   • r/Australia and regional subreddits (r/Melbourne, r/Sydney, r/Brisbane)
   • Industry or topic-specific subreddits (r/CyberSecurity, r/DataBreaches, r/AustralianPolitics)
   • Product or brand-specific communities
2. The “Helpful Commenter” Approach: Don’t create promotional posts. Instead, look for existing threads where people discuss the issue. Provide genuinely helpful information in comments. Example: On a thread about a data breach, explain privacy rights under Australian law, what remedies might be available, and how class actions work generally—including honest discussion about costs and what claimants can reasonably expect to receive. When you demonstrate that you’ll address uncomfortable truths honestly, you build credibility.
3. Ask Me Anything (AMA) Sessions: Once you’ve built credibility by contributing value, consider hosting an AMA. Work with subreddit moderators first. Frame it educationally: “I’m a class actions lawyer—AMA about consumer rights in data breaches (and yes, I’ll answer the tough questions about legal fees)” rather than promoting your specific case. This transparency is what Reddit values.
4. Respond to Cynicism Constructively: When you encounter comments like “class actions only benefit lawyers,” don’t get defensive or disappear. Engage honestly: “That’s a valid concern, especially after recent cases where costs exceeded expectations. Here’s how we approach it differently, and here are the protections in place for group members.” Provide specifics, acknowledge legitimate criticisms of the industry, and explain how your approach addresses them.
5. Reddit Advertising with a Difference: If you use Reddit’s paid advertising, make ads that don’t look like ads. Create content that matches Reddit’s culture: informative, slightly irreverent, genuinely useful, and transparent about potential downsides. Link to educational content rather than direct sales pages.
6. Monitor Reddit Alerts: Use tools like F5Bot or Reddit’s own notification features to alert you whenever your case-related keywords are mentioned. Respond quickly when opportunities arise to provide helpful information.

Other Community Platform Opportunities

Beyond Facebook and Reddit, consider:

• Whirlpool Forums (whirlpool.net.au): Australia’s most active technology community forum, particularly valuable for telecommunications and technology-related class actions. Highly sophisticated users who appreciate technical detail and despise marketing spin.
• Product Review (productreview.com.au): Australians leave detailed complaints about companies and products here; monitor relevant pages and engage with reviewers who’ve experienced the issues at the heart of your case
• Australian legal Complaints Authority (AFCA) forums: Where people discuss legal services issues
• OzBargain Forums (ozbargain.com.au): While primarily a deals site, its forums contain sophisticated discussions about consumer rights, corporate misconduct, and legal recourse
• Industry-specific forums: Whether motorcycles (netrider.net.au), automotive (whichcar.com.au forums), property investment (propertychat.com.au), or others relevant to your case

Guerrilla Marketing Tactics That Prompt Action

Traditional legal marketing tends toward conservatism. Class actions, however, often involve David-versus-Goliath narratives that lend themselves to more creative, unconventional marketing approaches. Guerrilla marketing tactics—low-cost, high-impact strategies that surprise and engage—can accelerate traction in ways that polished advertising cannot.

Public Demonstrations and Visibility Events

Physical presence creates impact that digital marketing alone cannot achieve:

Strategic Courthouse Steps Gatherings: When significant hearings occur, organise gatherings of claimants on courthouse steps. Invite media. Create powerful visual statements about collective action. Have claimants available to share brief, practised stories (including honest accounts of why they decided to join despite concerns about costs). This generates news coverage that extends reach exponentially.

Pop-Up Information Booths: Set up information tables in high-traffic public spaces where affected individuals are likely to be:

• Shopping centres where recalled products were sold
• Outside company headquarters or retail locations involved in the dispute (ensure you’re on public property and have any necessary permits)
• Community events and festivals in areas with high concentrations of affected individuals

Make booths visually striking with large banners, infographics, and QR codes for instant registration. Have knowledgeable staff (or volunteers from your claimant community) ready to answer questions—including difficult ones about costs. Transparency in face-to-face interactions builds trust that digital marketing struggles to achieve.

“Human Billboard” Tactics: For employment cases, consider organised groups of affected workers (with their consent and coordination) wearing matching branded t-shirts (“Justice for [Company] Workers”) in visible public spaces. This grassroots visibility can be powerful, particularly when documented on social media.

Ambient Marketing and Public Art

Create talking points that generate organic attention:

Chalk Art Campaigns: In cities like Melbourne with vibrant street art cultures, commissioned chalk art installations telling stories of those affected can generate significant social media sharing and local media coverage. Ensure you include clear QR codes and hashtags. Example: For a data breach case, create a striking visual showing personal information scattered across a public square with text “Your private details were exposed. Find out what you can do.”

Strategic Billboard or Bus Shelter Advertising: Rather than traditional legal advertising, create provocative public awareness campaigns framed around the issue rather than directly promoting your firm. For a data breach case: “2.4 million Australians had their data stolen. Most don’t know they can seek compensation. Learn your rights [QR code].” This positions you as a solution provider and educator rather than just another advertiser.

Projection Guerrilla Marketing: In extreme cases involving corporate wrongdoing, projecting messages onto company buildings or prominent public surfaces (where legal to do so) creates powerful visual statements that get photographed and shared widely. This tactic requires careful legal review and is best reserved for cases involving particularly egregious conduct, but can be extraordinarily effective.

Media Stunts and Newsworthy Events

Create legitimate news opportunities that extend your reach:

Staged Product Returns or Disposals: For product defect cases, organise an event where affected consumers symbolically return defective products or place them in a central display. Document the scale of the issue visually. Invite media to attend and affected consumers to share stories. Ensure the event genuinely represents claimant frustration rather than appearing as pure theatre.

Public Testing or Demonstrations: Where safe and legal, publicly demonstrate the defect or issue. This requires careful planning and appropriate safety measures, but can create compelling visual proof that legitimises claims and builds public sympathy.

Strategic Press Conferences with Multiple Claimants: Rather than typical lawyer-led press conferences, centre affected individuals. Have three to five claimants tell their stories briefly and powerfully. This humanises the case and generates empathetic media coverage that drives participation. Include at least one claimant who candidly discusses why they overcame initial scepticism about joining.

“Counter-Response” Media Events: When the defendant company makes public statements dismissing claims or downplaying harm, organise rapid-response media events featuring affected claimants contradicting those assertions with their lived experiences. Speed matters—respond within 24-48 hours while the issue is still newsworthy.

Strategic Partnerships with Influencers and Content Creators

Modern guerrilla marketing increasingly involves working with non-traditional media voices:

Micro-Influencer Partnerships: Identify Australian micro-influencers (5,000-50,000 followers) whose audiences overlap with your target claimants. This might be:

• Consumer rights advocates
• Personal legal services educators (particularly valuable for legal services or investment-related class actions)
• Industry-specific commentators
• Technology and privacy advocates
• Investigative citizen journalists

Rather than paying for promotional posts (which may raise advertising concerns), partner on educational content. Offer to be interviewed for their podcast, contribute expert commentary to their content, or co-create educational resources. Their endorsement carries credibility that traditional advertising cannot match.

YouTube and Podcast Guest Appearances: Seek opportunities to appear on relevant Australian podcasts and YouTube channels. Share educational information, discuss the case broadly, and—crucially—address the “elephant in the room” about legal fees honestly. Influencers respect transparency and their audiences will notice if you dodge uncomfortable questions.

TikTok Educational Series: For cases affecting younger demographics, create a TikTok presence focused on explaining legal rights in accessible, engaging short-form video. Partner with legal education creators. Make complex issues understandable in 60 seconds. Drive traffic to your registration pages. Example: “3 things you should know if your data was breached” followed by “What to expect if you join a class action (the real numbers).”

Direct Community Organising Tactics

Some of the most effective guerrilla marketing involves good old-fashioned community organising. These work great in the US:

Letter-Writing Campaigns: Organise current claimants to write to friends, family, or social media connections who might also be affected. Provide templates that make this easy while encouraging personalisation. Word-of-mouth remains one of the most effective recruitment tools, particularly when it comes from trusted sources rather than lawyers.

Phone Banking Operations: Train volunteers (ideally including current claimants) to call potential claimants from lists you’ve developed through marketing. Personal phone contact achieves conversion rates far higher than digital channels, particularly with older demographics. Callers should be prepared to address cost concerns directly and honestly.

Workplace or Community Ambassadors: For employment cases or matters affecting defined communities, identify respected individuals willing to serve as case ambassadors. Equip them with information packets, referral cards, and talking points. Their peer-to-peer recruitment often outperforms professional marketing. Ensure ambassadors can confidently address questions about fees and realistic expectations.

“Town Hall” Style Meetings: Host informal gatherings in community spaces (libraries, community centres, union halls) where affected individuals can learn about the case, ask questions, and hear from other claimants. These work particularly well for employment, consumer, and local environmental cases. Stream them online for broader reach. With Brockovich, we did loads of these.

The “Problem Documentation” Strategy

Before launching the class action publicly, sometimes the best guerrilla tactic is creating the conditions for organic discovery:

Anonymous Reporting Platforms: Create a secure, anonymous platform where individuals can report problems, symptoms, or issues related to your case. Market this broadly as a “public interest research project” or “problem documentation initiative.” Example: “Have you experienced issues with [product/service]? Help us document the scale of the problem.” Collect valuable data while simultaneously identifying potential claimants who have essentially pre-qualified themselves by reporting.

User-Generated Content Campaigns: Launch hashtag campaigns encouraging affected individuals to share their experiences on social media. For data breaches: #MyDataBreachStory. For product defects: #[BrandName]Problems. For workplace issues: #[Company]ToldMyStory. Amplify compelling stories. This builds community while organically spreading awareness. Ensure the campaign includes clear information about how to join the class action and realistic expectations about outcomes.

Collaborative Documentation Projects: For cases involving widespread consumer issues, create collaborative Google Maps or databases where affected individuals can pin their locations or add their experiences. This visualises the scale of the problem powerfully while creating a recruitment mechanism. Example: A map showing locations of vehicle failures for an automotive defect case.

Ethical Guardrails for Guerrilla Tactics

All guerrilla marketing must remain within professional and ethical boundaries:

• Never misrepresent your identity or intentions: All tactics must be transparent about your firm’s involvement
• Respect privacy and confidentiality: Never share individual stories without explicit permission
• Avoid creating undue pressure: Tactics should inform and empower, never coerce
• Maintain professional dignity: Creative doesn’t mean unprofessional; ensure all tactics align with your firm’s values and the legal profession’s standards
• Obtain necessary permits and permissions: Many guerrilla tactics require permits, location permission, or other clearances
• Review regulatory compliance: Have all guerrilla marketing reviewed for compliance with legal advertising rules before execution
• Be scrupulously honest about costs: The guerrilla nature doesn’t excuse misrepresentation about fees or outcomes
• Document everything: Maintain records of all marketing activities, particularly for more aggressive or unconventional tactics

Technology and Systems for Scaling Intake

As your marketing and mobilisation efforts succeed, you’ll face a new challenge: managing high volumes of inquiries, assessments, and registrations efficiently. Without appropriate systems, success can overwhelm your team and create bottlenecks that damage momentum.

Client Relationship Management (CRM) Systems

Implementing a robust CRM tailored for legal practices is non-negotiable for class action work at scale. Your CRM should track every interaction with potential and confirmed claimants, automate follow-up sequences, segment audiences based on qualification status, and integrate with your marketing platforms.

Look for CRM features specifically valuable for class action work: bulk communication capabilities, custom fields for case-specific eligibility criteria, workflow automation for status changes, cost tracking and disclosure features that ensure every claimant receives clear fee information at appropriate stages, and reporting dashboards that provide real-time visibility into pipeline health.

Modern legal CRMs increasingly incorporate AI-powered capabilities that can dramatically improve efficiency, from automated lead scoring to intelligent document analysis to chatbot-powered initial screening.

Automated Intake and Qualification Systems

Manual qualification of hundreds or thousands of potential claimants is simply not scalable. AI-powered intake tools can transform this bottleneck into a streamlined process.

Implement intelligent online intake forms that:

• Adapt questioning based on responses
• Automatically assess eligibility against your criteria
• Provide immediate, clear information about fee structures and realistic outcome expectations
• Prioritise high-quality leads for human follow-up
• Route disqualified leads to appropriate alternative resources or referral channels

Chatbots embedded on your website and landing pages can provide 24/7 initial screening, answer frequently asked questions (including those difficult questions about costs), schedule consultations for qualified prospects, and gather preliminary information before human contact.

The goal is not to eliminate human interaction but to ensure your team’s time focuses on high-value activities: explaining complex issues to qualified candidates, addressing unique circumstances, providing genuine support to committed claimants, and preparing for litigation.

Data Analytics and Performance Tracking

Measuring marketing ROI becomes critical in class action work where marketing budgets can be substantial. Implement analytics systems that track:

• Channel performance: Which marketing channels generate the most qualified leads at the lowest cost? Are unconventional channels like Reddit or Facebook groups outperforming traditional advertising?
• Conversion rates: What percentage of website visitors request information? What percentage who request information ultimately join? At what point in the funnel do people drop off, and why?
• Qualification ratios: How many raw leads result in qualified claimants?
• Cost per acquisition: What’s the all-in cost to acquire each committed claimant, including marketing, intake, and qualification expenses?
• Time metrics: How quickly are leads being contacted and processed?
• Geographic patterns: Which regions generate the most participation?
• Message effectiveness: Which calls-to-action, landing pages, or ad creative perform best? Does mentioning cost transparency upfront improve or hurt conversion?
• Objection patterns: What concerns do potential claimants raise most frequently, and how effectively are these being addressed?

Use these insights to continuously optimise your approach, reallocating budget from underperforming channels to high-ROI tactics, refining messaging based on what resonates, and identifying bottlenecks in your intake process.

Compliance and Ethical Considerations for Australian Law Firms

While building traction quickly is important, it must never compromise ethical standards or regulatory compliance. Australian law firms face specific obligations around legal advertising and client communication that must inform every marketing decision—obligations that become even more important in an environment of heightened scrutiny around costs and transparency.

Legal Advertising Regulations

All class action marketing must comply with legal profession rules in your jurisdiction. While specific requirements vary by state, common obligations include:

• Advertisements must not be false, misleading, or deceptive—particularly regarding costs and potential outcomes
• Must not create unjustified expectations about case outcomes or settlement amounts
• Must clearly identify as advertising and name your law firm
• Must not compare your firm to other firms unless substantiated
• Must respect client confidentiality and obtain appropriate permissions for testimonials
• Must not solicit clients in ways that exploit vulnerability or cause undue pressure

In 2025’s environment, pay particular attention to representations about costs. Given recent cases where fees substantially exceeded original promises, regulators are likely to scrutinise cost representations more carefully. Ensure that any caps, estimates, or projections are conservative and defensible. If circumstances might require changes to fee arrangements, disclose this possibility upfront rather than treating it as a “cross that bridge when we come to it” issue.

Research shows that ethical campaigns built on education, transparency, and informed consent consistently outperform aggressive tactics that push boundaries—both in effectiveness and in maintaining professional reputation.

Data Privacy and Protection

Class action marketing often involves collecting sensitive information from large numbers of individuals. Australian Privacy Principles (APPs) under the Privacy Act 1988 impose strict obligations around collection, storage, use, and disclosure of personal information.

Ensure you:

• Collect only information genuinely necessary for assessment and case participation
• Provide clear privacy notices explaining how information will be used
• Secure data appropriately against breaches (particularly relevant given recent high-profile Australian data breach class actions—your data protection must be ironclad)
• Obtain appropriate consents for ongoing communication
• Respect opt-out requests promptly
• Maintain confidentiality even when promoting case successes

The recent introduction of a direct right of action for privacy breaches makes data handling even more critical—a privacy failure in your class action marketing could ironically expose you to class action liability.

Maintaining Professional Independence and Managing Funding Relationships

Be cautious about arrangements with third-party marketing vendors or lead generation services that may compromise your professional obligations. You remain responsible for all marketing conducted on your behalf, and some common practices in mass tort marketing may not align with Australian professional rules.

Avoid contingent fee arrangements with marketers that create legal incentives to recruit unqualified claimants. Maintain control over message content and ensure all communications meet professional standards.

Regarding litigation funders, be transparent about their role while avoiding language that makes the case appear to be driven by commercial rather than legal objectives. Following recent scrutiny of funding arrangements and the commission structures in cases like BHP, be prepared to explain clearly how funding works, what the funder receives, and how this affects group members’ recovery.

Some firms are now proactively seeking independent cost monitoring or court-appointed contradictors to oversee expenses—following the robodebt case where such oversight was ordered despite objections. While this adds a layer of complexity, it can also be marketed as a competitive advantage demonstrating commitment to accountability.

Mobilising Community Members: Beyond Traditional Marketing

While digital marketing creates visibility and generates leads, true traction in class actions often requires mobilising communities—transforming individual grievances into collective action. This dimension of class action marketing draws on community organising and mobilisation principles that have driven social movements for decades.

Building Trust Through Authentic Engagement

Community mobilisation begins with trust. Potential claimants must believe that your firm genuinely cares about righting wrongs, not just generating fees. This requires authentic engagement that goes beyond transactional advertising.

In 2025, this trust-building is more challenging but also more differentiating than ever. Following high-profile cases where legal costs exceeded promises, many potential claimants are understandably cynical. Your authenticity must shine through in every interaction.

Host community meetings—virtual or in-person—where affected individuals can learn about the case, ask questions (including tough ones about fees), and hear directly from your legal team. These sessions humanise the legal process and create space for shared storytelling that strengthens collective identity. Consider inviting an independent costs expert or even a representative from a legal aid organisation to provide objective perspective—this demonstrates confidence and commitment to transparency.

Respond promptly and thoughtfully to all inquiries. Every email, phone call, or social media message represents someone grappling with harm and uncertainty. Demonstrating genuine care and attention in these interactions builds the trust that converts prospects into committed participants. When people ask “What will I actually get after lawyers take their cut?”—don’t deflect. Answer honestly, even if the answer isn’t impressive.

Share regular, transparent updates about case progress, challenges, and setbacks (yes, setbacks too). Keeping community members informed demonstrates respect and maintains momentum even during slow litigation phases. If you encounter unexpected cost increases or complications, communicate proactively rather than waiting for group members to discover problems themselves.

Leveraging Community Leaders and Influencers

Identifying and partnering with trusted community voices can dramatically accelerate traction. These might be consumer advocates, union representatives, community group leaders, industry whistleblowers, or affected individuals willing to share their stories publicly.

Community leaders bring three crucial assets: credibility, reach, and networks. Their endorsement carries weight with people who may be sceptical of lawyers or uncertain about participation. Their platforms—whether social media followings, email lists, or organisational connections—extend your reach exponentially. Their networks facilitate word-of-mouth referrals that are often more effective than paid advertising.

Engage these leaders as partners, not just promotional channels. Seek their input on messaging and strategy. Be transparent with them about costs and realistic expectations—they need to trust you before they’ll advocate for you. Recognise their contributions publicly. Ensure they have the information and resources to answer questions and direct people to appropriate next steps.

Consider establishing a “claimant advisory committee” of representative affected individuals who provide input on case strategy, communication approaches, and settlement priorities. This isn’t just good practice—it’s excellent marketing, demonstrating that you value claimant voices and aren’t simply treating them as “inventory.”

Creating Participatory Opportunities

People are more likely to commit to collective action when they feel like active participants rather than passive recipients. Design opportunities for engagement that give community members agency and voice.

This might include:

• Advisory committees of representative claimants who provide input on case strategy and settlement priorities
• Volunteer roles for community members willing to share their stories, help with outreach, or support other participants
• Peer support systems matching new potential claimants with experienced participants who can share honest perspectives
• Social media advocacy encouraging participants to share their experiences (with appropriate guidance on confidentiality and messaging)
• Community events that bring participants together for education, mutual support, or case celebrations

These participatory opportunities transform isolated individuals into a cohesive movement, strengthening both commitment and case impact.

Strategic Partnerships and Collaboration

Class actions often benefit from strategic collaboration that extends your reach and capabilities beyond what your firm alone could achieve.

Co-Counsel Arrangements

For smaller or mid-sized Australian firms, partnering with larger firms or specialised class action practices can provide access to resources, expertise, and marketing capabilities that accelerate traction. Co-counsel arrangements allow you to combine your client relationships and case origination with partners’ litigation resources and funding relationships.

These partnerships work best when roles, responsibilities, and fee arrangements are clearly defined from the outset, and all parties remain aligned on case strategy, settlement priorities, and client communication approaches. Be particularly careful that fee-sharing arrangements are disclosed appropriately to group members and don’t result in cost pyramiding where each firm applies its own markup.

Litigation Funding Partnerships

Litigation funding has played an integral role in Australian class action development, with at least 60% of class actions filed in the last decade being third-party funded. While recent regulatory developments and judicial scepticism have made funders more cautious, these partnerships remain essential for many cases.

Beyond capital provision, sophisticated litigation funders often bring marketing expertise, campaign management capabilities, and data analytics resources that can accelerate claimant recruitment. Explore how your funding partner’s capabilities might complement your marketing strategy.

However, be mindful that funding arrangements are now under greater scrutiny. The BHP case revealed that much of what appeared to be funder commission actually went to reimbursing legal costs—a structure that some view as opaque. Consider whether a more transparent funding arrangement might be both ethically preferable and marketable as a competitive advantage.

Community Organisation Partnerships

For some class actions—particularly those affecting specific communities or industries—partnering with relevant non-profit organisations, advocacy groups, unions, or professional associations can dramatically extend your reach.

These organisations often have direct access to affected populations through membership databases, newsletters, events, and trusted communication channels. Their endorsement lends credibility and their messaging can complement your legal marketing without replacing it.

Ensure any partnership respects the organisation’s mission and values, maintains their independence and credibility, and provides genuine value to their members beyond simply facilitating litigation. Consider providing funding or support for the organisation’s broader work as a gesture of good faith and acknowledgment that you’re benefiting from their community relationships.

Sustaining Momentum Throughout Extended Litigation

Class actions in Australia commonly extend over several years from filing to resolution. Maintaining claimant engagement and preventing attrition over this extended timeline requires deliberate strategy.

Regular Communication and Updates

Establish predictable communication rhythms that keep participants informed without overwhelming them. Monthly email newsletters, quarterly video updates, and immediate notifications about major developments strike a good balance for most cases.

Content should focus on progress, context, and next steps rather than simply legal procedures. Help claimants understand what’s happening, why it matters, and what it means for them. Celebrate victories, acknowledge setbacks honestly, and maintain realistic expectations throughout.

When you encounter unexpected developments—particularly those affecting costs or timelines—communicate proactively. Group members are far more forgiving of complications when they hear about them directly from you rather than discovering them through media coverage or gossip.

Building Community Among Participants

Creating opportunities for participants to connect with each other—whether through online forums, social media groups, or periodic gatherings—strengthens collective identity and reduces isolation. Claimants who feel part of a community are less likely to drop out and more likely to refer others.

Moderate these spaces carefully to maintain respectful dialogue, prevent the spread of misinformation, and protect confidentiality where necessary. Consider designating particularly engaged and trustworthy claimants as community moderators or ambassadors.

Addressing Attrition and Re-Engagement

Over multi-year litigation, some claimants will naturally become less engaged. Build systems that detect disengagement early and respond appropriately:

• Monitor communication metrics for declining engagement (email open rates, event attendance, forum participation)
• Reach out proactively to participants who become less responsive
• Make it easy for claimants to update contact information as they move or change circumstances
• Create “off-ramp” and “on-ramp” processes for people who need to temporarily disengage but want to rejoin later
• Conduct periodic surveys to understand satisfaction levels and identify concerns before they lead to withdrawal

Measuring Success Beyond Numbers

While the ultimate measure of class action traction is the number of qualified claimants who join, sophisticated firms track multiple success metrics that provide earlier signals and richer insights.

Leading indicators include:

• Website traffic and engagement for class action pages, particularly time on page and scroll depth (are people actually reading the cost disclosures?)
• Lead generation rate from various marketing channels, including unconventional channels like Reddit and Facebook groups
• Conversion rates from awareness to inquiry to registration, with particular attention to where drop-offs occur
• Qualification conversion rate from inquiry to confirmed participant
• Community engagement such as social media interaction, event attendance, forum participation, and volunteer participation
• Referral rate showing how many participants actively recruit others (high referral rates suggest genuine satisfaction)
• Media coverage extending awareness beyond paid marketing, particularly coverage that mentions your firm favourably
• Sentiment analysis of online discussions about your case and firm

Qualitative measures matter too:

• Participant satisfaction with the process and communication, measured through surveys and feedback
• Depth of engagement reflected in willingness to provide evidence, attend hearings, advocate publicly, or serve in leadership roles
• Trust indicators such as how freely people ask difficult questions and whether they seem to believe your answers
• Community impact in terms of awareness raised and behaviour changed beyond the specific litigation
• Professional reputation enhancement or damage from handling the case

As highlighted in recent analysis, the Australian class action system continues to evolve, with increasing emphasis on transparency, accountability, and genuine access to justice rather than simply access to litigation. Firms that embrace these values in their traction-building efforts are positioning themselves for long-term success.

Conclusion: From Traction to Justice

Accelerating traction in a class action requires Australian law firms to think beyond traditional law firm marketing and embrace comprehensive strategies that combine digital marketing sophistication, unconventional guerrilla tactics, community mobilisation principles, technological systems, ethical compliance, and sustained engagement.

But in 2025, it requires something more: genuine commitment to transparency and accountability. The BHP and robodebt cases have created both a challenge and an opportunity. The challenge is overcoming heightened scepticism from potential claimants who rightly question whether class actions truly serve their interests. The opportunity is differentiation—firms that embrace transparency, honour commitments, and genuinely prioritise claimant interests can build competitive advantages that less scrupulous competitors cannot match.

If you need help with both strategy and section, reach out to us. Bluntly put, you can’t do it alone and if you’re considering your internal marketing team, you’ll compromise their involvement in the day to day work that your firm will need to keep the lights on.