In Re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation Settlement Notice Plan
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Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 181 of 379 PageID #: 34692 APPENDIX E –– Notice Plan In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation Settlement Notice Plan Hilsoft Notifications 2012 Hilsoft Notifications E-1 Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 182 of 379 PageID #: 34693 Table of Contents Page 1.Introduction 4 2.Overview/Summary 5 3.NoticeScheduleFlowChart 10 4.TargetAudience 11 5.IndividualMailedNotice 13 6.MediaSelection 15 7.PlanDeliverySummary 17 8.NetReach 18 9.AverageFrequencyofExposure 20 10.GeographicCoverage 21 11.NationwidePublicationPlan 23 12.NationwidePublicationDetails 24 13.NationwidePublicationCoverage 26 14.NationwidePublicationCirculation 27 15.PublicationSecondaryReaderData 28 16.NationwidePublicationAudienceData 29 17.NationwidePublicationGrossImpressions 30 18.NationalBusinessPublicationPlan 31 19.NationalBusinessPublicationCirculation 32 2012 Hilsoft Notifications E-2 Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 183 of 379 PageID #: 34694 20.NationalBusinessPublicationSecondaryReaderData 33 21.NationalBusinessPublicationAudienceData 34 22.Trade,Business&SpecialtyPublications 35 23.Language&EthnicTargetedPublications 38 24.U.S.TerritoriesNewspapers 45 25.InternetBannerNotices 46 26.InformationalRelease 47 27.CaseWebsite 48 28.Toll-FreeTelephoneSupportLineandPostOfficeBox 51 29.SponsoredSearchListings 52 30.NoticeDesignStrategy 53 31.Notices 55 Attachment 1 - Hilsoft Notifications Curriculum Vitae Attachment 2 – Parade and USA Weekend Newspaper List Attachment 3 –Informational Release 2012 Hilsoft Notifications E-3 Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 184 of 379 PageID #: 34695 1. Introduction The “Notice Plan” (or “Plan”) that follows details the dissemination effort that will be undertaken to provide comprehensive notice to Rule 23(b)(3) Settlement Class members and Rule 23(b)(2) Settlement Class members in connection with the proposed Settlement in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation MDL No. 1720(JG)(JO). The Plan is based on meeting key objectives and utilizes extensive and appropriate prior class action notice experience. Hilsoft Notifications has designed and will implement this Notice Plan. With experience in more than 200 cases, Hilsoft Notifications’ notices have appeared in 53 languages with distribution in almost every country, territory and dependency in the world. Courts, including in published decisions, have recognized and approved numerous Hilsoft settlement notice plans. Key Hilsoft Notifications principals Cameron Azari, Esq., Director of Legal Noticing, and Lauran Schultz, Executive Director, have designed the Plan, and will oversee implementation to successful completion. Hilsoft Notifications’ curriculum vitae, including judicial comments recognizing notice expertise and approved plans, is attached as Attachment 1. The proposed long-form Notice of Settlement of Class Action (“Long-Form Notice”) and Publication Notice (together, the “Notice” or “Notices”) were drafted pursuant to the Definitive Class Action Settlement Agreement (“Class Settlement Agreement”) by Class Counsel with the assistance of Hilsoft and an independent plain-language expert Maria Mindlin. Ms. Mindlin’s expertise focuses on language proficiency and readability. She has provided plain-language instruction and services to numerous courts and attorneys. In addition, settlement notices which she has assisted in drafting have been approved by courts. The Notices were written and designed to embody the satisfaction of the plain language requirements of Federal Rule of Civil Procedure 23(c)(2). 2012 Hilsoft Notifications E-4 Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 185 of 379 PageID #: 34696 2. Overview/Summary Objective. To notify the greatest practicable number of Rule 23(b)(3) Settlement Class members and Rule 23(b)(2) Settlement Class members and provide them with opportunities to be exposed to the Notice, to see, review, understand, and be reminded about it, and to respond appropriately if they choose. Imperatives. Key factors guide the dissemination methods needed to achieve a reasonable and effective notice effort: 1. The proposed Rule 23(b)(3) Settlement Class and Rule 23(b)(2) Settlement Class are national in scope and likely include persons of all ages, races and demographic profiles. 2. Data containing contact information for members of both settlement classes supplied by the defendants and potentially cross-referenced with lists subpoenaed from other sources is available. Some data may be available for the entire Class Period. 3. A high number of small businesses fail annually and locating current addresses for these class members is not certain.1 4. Many small retail businesses are owned and operated by recent immigrants and members of discreet, ethnic and foreign-language communities.2 5. High quality notice methods are needed to convey the importance of information affecting the rights of both Rule 23(b)(3) Settlement Class members and Rule 23(b)(2) Settlement Class members. Target Audience. We understand that the Class Settlement Agreement defines two Classes (the “Class Definitions”): Rule 23(b)(3) Settlement Class. All persons, businesses, and other entities that have accepted Visa-Branded Cards and/or MasterCard-Branded Cards in the United States at any time from January 1, 2004 to the Settlement Preliminary Approval Date, except that this Class does not include the named Defendants, their directors, officers, or members or their families, 1 According to the 2011 U.S. Business Trends Report done by Dun & Bradstreet, “In the 12 months ending in September 2010, there were 81,616 business failures – 41% more than the official bankruptcies reported by the U.S. Government.” Source http://www.dnbgov.com/pdf/US_Business_Trends_Jan11.pdf (last checked 9/12/12). 2 According to the 2007 Survey of Business Owners survey done by the United States Census Bureau, there were approximately 1.9 million African-American owned businesses, 1.5 million Asian owned businesses and 2.3 million Hispanic owned businesses in the United States. Source http://www.census.gov/econ/sbo/ (last checked 7/23/12). 2012 Hilsoft Notifications E-5 Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 186 of 379 PageID #: 34697 financial institutions that have issued Visa- or MasterCard-Branded Cards or acquired Visa- or MasterCard-Branded Card transactions at any time from January 1, 2004 to the Settlement Preliminary Approval Date, or the United States government; and Rule 23(b)(2) Settlement Class. All persons, businesses, and other entities that as of the Settlement Preliminary Approval Date or in the future accept any Visa-Branded Cards and/or MasterCard-Branded Cards in the United States, except that this Class shall not include the named Defendants, their directors, officers, or members of their families, financial institutions that have issued Visa- or MasterCard-Branded Cards or acquired Visa- or MasterCard-Branded Card transactions at any time since January 1, 2004, or do so in the future, or the United States government. We further understand that the capitalized terms in the Class Definitions have the following meanings: “MasterCard-Branded Card” means any Credit Card or Debit Card that bears or uses the name MasterCard, Maestro, Cirrus, or any other brand name or mark owned or licensed by a MasterCard Defendant, or that is issued under any such brand or mark. “Visa-Branded Card” means any Credit Card or Debit Card that bears or uses the name Visa, Plus, Interlink, or any other brand name or mark owned or licensed for use by a Visa Defendant, or that is issued under any such brand or mark. To verify the notice program’s effectiveness, GfK Mediamark Research & Intelligence, LCC (“MRI”)3 data was studied among: (1) all adults aged 18 years and older; (2) all business owners; and (3) all business financial decision makers. This data formed the basis for the media program. 3 GfK Mediamark Research & Intelligence, LCC (“MRI”) is a leading source of publication readership and product usage data for the communications industry. MRI offers comprehensive demographic, lifestyle, product usage and exposure to all forms of advertising media collected from a single sample. As the leading U.S. supplier of multimedia audience research, MRI provides information to magazines, televisions, radio, Internet, and other media, leading national advertisers, and over 450 advertising agencies—including 90 of the top 100 in the United States. MRI’s national syndicated data is widely used by companies as the basis for the majority of the media and marketing plans that are written for advertised brands in the U.S. 2012 Hilsoft Notifications E-6 Case 1:05-md-01720-JG-JO Document 1656-1 Filed 10/19/12 Page 187 of 379 PageID #: 34698 Strategies. The Long-Form Notice will be mailed to known, likely Rule 23(b)(3) Settlement Class members and Rule 23(b)(2) Settlement Class members, compiled from various lists provided by the settling defendants and the largest bank acquirers and processors. In addition, an extensive schedule of media placements has been developed to reach both settlement classes’ members across the United States through dissemination of the Publication Notice. The schedule includes well-read consumer magazines, national business publications, Sunday local newspapers (via newspaper supplements), and highly trafficked websites. Although not measurable,