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…

Think All Internet Impressions Are The Same? …Think Again

Internet impressions vary wildly in their ability to reach online consumers, and the old adage holds true: you get what you pay for.  Now more than ever judges and practitioners need to understand what they are getting, and what they are deeming best practicable when it comes to online banner notice. It may not be what was promised.  Categories of Online Advertising Inventory The starting point is to understand how online advertising space (“inventory”) is grouped. Basically there are three…

Why Class Members Should See An Online Ad More Than Once

A new notice approach that claims to increase reach and save costs by providing a class member with an online ad only once (also known as frequency capping) during a notice program may negatively impact due process because it may deprive consumers of a reasonable opportunity to see the banner ad. This article will discuss why adequate frequency, or the average number of times an audience is exposed to a message, must be combined with reach to satisfy due process….

Five Reasons to Consult with a Notice Expert and a Claims Administrator before filing for Preliminary Approval

Often times, class action attorneys wait until after preliminary approval papers have been filed to contact a notice expert and claims administrator. When this happens, especially in simple administrations, this approach may work out fine, but that will not always be the case. At Heffler, we have found that when our clients take advantage of our early consultation services, we are often able to identify potential problems before they occur, offer solutions, and spare our clients from having to return…