presents presents Class Action Notification With Electronic Media: Emerging Legal Issues g g g Strategic Use of E-mail, Google, Social Networks and Other E-Media to Communicate with Class Member A Live 90-Minute Teleconference/Webinar with Interactive Q&A A Live 90-Minute Teleconference/Webinar with Interactive Q&A Today's panel features: Shannon Wheatman, Vice President, Kinsella Media , Washington, D.C. Mark P. Rapazzini, Senior Vice President, Rust Consulting , San Francisco Matt C Bailey Partner Pollard/Bailey Beverly Hills Calif Matt C. Bailey, Partner, Pollard/Bailey , Beverly Hills, Calif. David Jay, Shareholder, Greenberg Traurig , Florham Park, N.J. Wednesday, September 8, 2010 The conference begins at: The conference begins at: 1 pm Eastern 12 pm Central 11 am Mountain 10 10 am Pacific P ifi You can access the audio portion of the conference on the telephone or by using your computer's speakers. Please refer to the dial in/ log in instructions emailed to registrants.
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Class Action Notification with Electronic Media Electronic Media Shannon R. Wheatm an, Ph.D.
Choosing Media Choosing Media • Demographic and media usage analysis Demographic and media usage analysis • Media selected by audience coverage and composition composition • Measurement tools – what can be measured and how well? • Reach and frequency calculation Reach and frequency calculation 5
Internet Advertising Internet Advertising • Provides immediate connection to case Provides immediate connection to case website • Use if demographics show class members Use if demographics show class members are average to high Internet users 6
Search Engine Optimization Search Engine Optimization • Purchase keywords to guide users to the website y g • Ensures website will appear at the top of a search engine Lawn Mower Settlements Lawn Mower Settlements Proposed settlements of a class action may affect walk-behind and riding lawn mower owners. http://www.LawnMowerClass.com 7
Mobile Media Mobile Media • 4.6 billion mobile phones globally 4.6 billion mobile phones globally • 234 million subscribers in U.S. • 89 million (38%) have used mobile Internet in the past year • Forecast: 134 million mobile Internet users in 2013 users in 2013 8
Measuring Mobile Audiences Measuring Mobile Audiences • Nielsen Mobile and comScore: M Metrics Nielsen Mobile and comScore: M Metrics • Behavioral, psychographic, demographic, product usage information p g • Increasingly more sophisticated but still evolving evolving 9
Text Messaging Text Messaging • 90% of U.S. mobile subscribers have the ability to text message • Over 168 million people have sent/received a • Over 168 million people have sent/received a text message in the past year • In an average month (2008), U.S. I th (2008) U S subscribers are texting 75% more than they are making calls are making calls • Over 1.5 trillion text messages sent in 2009 10
Texting Demonstration Texting Demonstration Text “Lawnmowers” to 41513 for more information information. 11
Social Media Social Media • Driving expanded and customized access to Driving expanded and customized access to news and information • Increasing fragmentation of the media market • Increasing fragmentation of the media market • Measurement maturity 12
Social Media Social Media • Started with college students • Started with college students Facebook • 65% of users are 25+ (87 million) • Up 69% (2009 ‐ 2010) • Social network/micro blogging service Twitter Twitter Twitter Twitter • 84% of users are 25+ • Up 45% (2009 – 2010) • 126 million blogs on the Internet 126 million blogs on the Internet Blogs Blogs • Highly targeted to narrow niches • Uncontrolled content 13
Coverage of Social Network Compared to Consumer Print Compared to Consumer Print • Only Facebook has coverage above 10% Only Facebook has coverage above 10% • People, National Geographic, Better Homes & Gardens and Parade each reach or & Gardens, and Parade each reach or exceed 10% 14
Traditional Media: “The reports of my death are greatly exaggerated ” The reports of my death are greatly exaggerated. • Television – 45% of consumer time 5% • Average adult reads a newspaper 19/month • 58% of adults 45+ still read a Sunday newspaper 58% f d l 45 ill d S d • 24-44 age group – biggest declines, 40% still read a Sunday newspaper S 15
Email Notification and Email Notification and Claimant Websites MARK P. RAPAZZINI, ESQ.
Email Notification Email notice is increasingly used in conjunction with traditional first-class mail to provide notice to class members in class action litigation. It has the appeal of being a fast and inexpensive way of communicating with the class. However, as with any form of notice email notice to class with any form of notice, email notice to class members is subject to certain limitations.
Challenges Challenges • Email lacks the type of resources to enable address updates, as is possible with traditional mail. • It is common for people to have multiple email addresses of different types. • Unwanted email, or spam, filters often prevent addressees from receiving important class notices. 18
Solutions Solutions In designing an email program for class members, it is important that the substance of the notice not trigger spam filters or blocks. • Avoid hyperlinks and certain words, such as “millions” or “ “no obligation.” bli ti ” • Use a real email domain in the send field. • Notify large ISPs and IP providers to determine whether the sender can be placed on a “white list” of approved th d b l d “ hit li t” f d sellers to avoid blockage by the ISP/IP servers. • Volume alone can trigger blocking; send email in small batches over a period of time batches over a period of time. • Include an “opt out” provision to comply with the “CAN- SPAM” law. 19
Metrics Metrics Hard bounce: an email that is rejected by the addressee’s domain. This is common when a person has moved and no longer has an address issued by an ISP. If the ISP itself no longer exists, this can also trigger a hard bounce bounce. Soft bounce: an email that cannot be delivered, although the server recognizes that an email address exists. The the server recognizes that an email address exists The email account may be full or the recipient may use a POP3 email server and has not downloaded email messages. g Email notification programs can be designed to notify the sender when the email is opened by the addressee. sender when the email is opened by the addressee. 20
Website Use for Class Action Website Use for Class Action Notification and Administration Websites are increasingly being used as components of class action notice programs and settlement administrations. This growth in use is because, under certain circumstances, websites can be more efficient and cost effective than traditional methods of communication with the traditional methods of communication with the class. However, websites are not appropriate for every case.
Certification Notice Programs Certification Notice Programs • Static website: a website in which documents can be viewed and downloaded, but there is no other functionality • Used in conjunction with mailed full notice or postcard notice – When used in combination with a postcard notice, postage and print savings can offset the fixed setup cost of creating a static website • Usually does not include telephone support 22
Settlement Administration Settlement Administration • Dynamic website: a website with increased functionality in which class members can file their claims online – Reduced cost of processing and validating claims – Customized claim form content and functionality – Fixed set-up costs • “Break-even point”: a point where the Break-even point : a point where the volume of claims filed have created a sufficient return on investment that the net savings from automated processing is equal to the net cost p g q of creating the technological solution 23
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