What Would Class Action Reform Mean for Notice Programs?

The Fairness in Class Action Litigation Act of 2017 (H.R. 985) has drawn a firestorm of opposition. As the ACLU and 120 other signatory civil rights organizations note, “The bill would undermine the enforcement of the nation’s civil rights laws and upend decades of settled class action law.[1]” If it were to become law, what impact would it have on class notice? Whether H.R. 985 becomes law or not, will it cause a greater emphasis to be placed on quantifiable…

Expert Comments on Proposed Rule 23 Changes

Dear Committee and Subcommittee Members: As a former professional, court-approved notice and media expert with over 24 years of class notice experience, I write to oppose the suggested changes to Rule 23 regarding class notice.  The proposed changes are highlighted in red: (B) For (b)(3) Classes. For any class certified under Rule 23(b)(3)—or upon ordering notice under Rule 23(e)(1) to a class proposed to be certified for purposes of settlement under Rule 23(b)(3)—the court must direct to class members the…

What’s in store for 2017 Notice?

The digital environment is complex, to plan, to buy and to accurately measure. Practitioners need to be aware of these complexities as they can impact response rates, brand reputation and due process. Advertising growth across mobile, digital and other multimedia channels is undeniable. And while the digital environment presents… Click here to read the full article.  

Modern Notice Requirements Through the Lens of Eisen and Mullane

For the past two decades, a rapid and ongoing evolution has been taking place in today’s communication media environments. Technology and social media have increased exponentially the American consumer’s options for both intentional and random information gathering and learning. And, as more and more people move away from traditional avenues of receiving news and other information and toward electronic media, courts and litigants must fashion contemporary notice programs to communicate with absent class members in ways that will both resonate with these changing preferences and continue to be consistent with…