Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 1 of 34
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
BOY SCOUTS OF AMERICA AND Case No. 20-10343 (LSS) DELAWARE BSA, LLC,1 (Jointly Administered) Debtors.
DECLARATION OF SHANNON R. WHEATMAN, PH.D IN SUPPORT OF PROCEDURES FOR PROVIDING DIRECT NOTICE AND SUPPLEMENTAL NOTICE PLAN TO PROVIDE NOTICE OF BAR DATE TO ABUSE SURVIVORS
I, Shannon R. Wheatman, being duly sworn, hereby declare as follows:
1. I am the President of Kinsella Media, LLC (“KM”), an advertising and notification consulting firm in Washington, D.C. specializing in the design and implementation of class action and bankruptcy notification programs. My business address is 2101 L Street NW, Suite 800,
Washington, D.C. 20037.
2. On February 19, 2020, the Court entered the Order Appointing Omni Agent
Solutions as Claims and Noticing Agent, Nunc Pro Tunc to the Petition Date [Docket No. 68].
KM was retained directly by and will be acting exclusively for Omni Agent Solutions (“Omni”), the Court-appointed Claims and Noticing Agent, to design and implement the Supplemental Notice
Plan and other related noticing tasks in these chapter 11 cases.
3. I submit this declaration (this “Declaration”) in support of the Debtors’ Motion,
Pursuant to 11 U.S.C. § 502(b)(9), Bankruptcy Rules 2002 and 3003(c)(3), and Local Rules 2002-
1(e), 3001-1, and 3003-1, for Authority to (I) Establish Deadlines for Filing Proofs of Claim,
1 The Debtors in these chapter 11 cases, together with the last four digits of each Debtors’ federal tax identification number, are as follows: Boy Scouts of America (6300) and Delaware BSA, LLC (4311). The Debtors’ mailing address is 1325 West Walnut Hill Lane, Irving, Texas 75038.
Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 2 of 34
(II) Establish the Form and Manner of Notice Thereof, (III) Approve Procedures for Providing
Notice of Bar Date and Other Important Information to Abuse Victims, and (IV) Approve
Confidentiality Procedures for Abuse Victims [Docket No. 18] (the “Bar Date Motion”)2 and the
Supplemental Notice Plan described in the Bar Date Motion and filed concurrently herewith.
4. This Declaration will describe my experience in designing and implementing notices and notice programs, as well as my credentials to opine on the overall adequacy of the notice effort. I will also describe the elements of the Supplemental Notice Plan, and will describe the Abuse Claims Bar Date Notice, the Abuse Claims Email Notice, the Abuse Claims Publication
Notice (collectively, the “Notices”), and the Abuse Survivor Proof of Claim Form, including how they were developed and why they will be effective and satisfy the requirements of due process.
The Supplemental Notice Plan comprises a comprehensive advertising campaign utilizing television, radio, magazines, newspapers, and online media. The scope and selection of media channels and geographical considerations have been guided by careful analysis of multiple data sources providing information concerning potential claimants.
5. The total estimated cost of the Notice Procedures for known creditors and the
Supplemental Notice Plan as described herein is approximately $6.8 million. Implementation of the Notice Procedures and Supplemental Notice Plan will commence within approximately 14 days of entry of the Bar Date Order, approval and notice will be completed within approximately
120 days thereof. With respect to the impact of the timing on the estimated cost of the
Supplemental Notice Plan, if the Supplemental Notice Plan is completed by September 2020,3 the
2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Bar Date Motion or the proposed order approving the Bar Date Motion, filed concurrently herewith. 3 Court approval of the Supplemental Notice Plan needs to occur by May 20, 2020 in order to ensure all media runs by September 6, 2020.
2 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 3 of 34
total cost of the media portion of the Supplemental Notice Plan is estimated to be approximately
$6.3 million. If the program begins anytime between October and December 2020, costs will increase by approximately $675,000 due to the impact of the elections and the holiday season on media rates.
6. Based on my experience, as set forth below, I believe that the Debtors’ notice procedures, and in particular the Supplemental Notice Plan, are broad, multi-faceted, and designed to effectively reach all known and unknown claimants and parties in interest, including survivors of sexual abuse with Abuse Claims against the Debtors. Furthermore, the scope of the Debtors’
Supplemental Notice Plan budget is appropriate to achieve the optimal reach4 and frequency5 for noticing given the extensive geographical distribution of holders of Abuse Claims.
7. Except as otherwise noted herein, the facts set forth in this Declaration are based upon my personal knowledge, my review of relevant documents, information provided by the
Debtors and their other professionals, including professionals at Sidley Austin LLP (“Sidley”) and
Omni, and my associates and staff. The information set forth herein is of a type reasonably relied upon in the fields of advertising, media, and communications. If called upon to testify, I would testify competently to the facts set forth in this Declaration. I am authorized to submit this
Declaration.
RELEVANT EXPERIENCE
8. KM has developed and directed some of the largest and most complex national notification programs in the United States. The scope of KM’s work includes notification programs in bankruptcy, antitrust, consumer fraud, mass tort, and product liability litigation. KM
4 Reach is the estimated percentage of a target audience reached through a specific media vehicle or combination of media vehicles. 5 Frequency is the estimated average number of opportunities an audience member has to see a notice.
3 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 4 of 34
has developed or consulted on over 1,000 notification programs and has placed over $450 million in media notice. KM has implemented notice programs reaching people in 72 languages in 214 countries and U.S. territories.
9. I have served as a qualified legal notice expert in litigations involving class actions and bankruptcies. State and federal courts have accepted my analyses and expert testimony regarding whether information is effectively communicated to people. My curriculum vitae is attached hereto as Exhibit 1.
10. I have been involved with respect to legal noticing in the following bankruptcy cases: In re PG&E Corp., Case No. 19-30088 (Bankr. N.D. Cal. Jan. 29, 2019); In re Think Fin.,
LLC, Case No. 17-33964 (Bankr. N.D. Tex. Oct. 23, 2017); In re Energy Future Holdings Corp.,
Case No. 14-10979 (Bankr. D. Del. Apr. 29, 2014); In re Garlock Sealing Tech. LLC, Case No.
10-31607 (Bankr. W.D.N.C. June 5, 2010); In re SCBA Liquidation, Inc., f/k/a Second Chance
Body Armor, Inc., Case No. 04-12515 (Bankr. W.D. Mich. Oct. 17, 2004); and In re W.R. Grace
& Co., Case No. 01-01139 (Bankr. D. Del. Apr. 2, 2001).
11. In addition to this bankruptcy case experience, I have testified in court as an expert in the following cases: In re Chinese-Manufactured Drywall Prods. Liab. Litig., MDL No. 2047
(E.D. La.); In re Think Finance, LLC, Case No. 17-33964 (Bankr. N.D. Tex.); In re Volkswagen
“Clean Diesel” Marketing, Sales Practices & Prods. Liab. Litig., MDL No. 2672 (N.D. Cal.); State v. Farmer Grp. Inc., No. D-1-GV-02-002501 (D. Ct. Tex., Travis Cty.); Scharfstein v. BP West
Coast Prods., LLC, No. 1112-17046 (Cir. Ct. Or.); Spillman v. RPM Pizza, Inc., No. 10-349 (M.D.
La.); PRC Holdings, LLC v. East Res., Inc., No. 06-C-81 (Cir. Ct. W. Va.); Guidry v. Am. Pub.
Life Ins. Co., No. 2008-3465 (14th Jud. Dist. Ct., Calcasieu Parish); Webb v. Liberty Mut. Ins.
Co., No. CV-2007-418-3 (Cir. Ct. Ark); and Beasley v. Reliable Life Ins. Co., No. CV-2005-58-1
4 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 5 of 34
(Cir. Ct. Ark).
12. I have been deposed as an expert in In re Think Finance, LLC, Case No. 17-33964
(Bankr. N.D. Tex.); Hale v. CNX Gas Co., LLC, No. 10-CV-59 (W.D. Va.); and Thomas v. A.
Wilbert Sons, LLC, No. 55,127 (18th Jud. Dist. Ct., Iberville Parish).
13. I have also been involved in the following cases involving abuse survivors:
Dolmage v. Province of Ontario, No. CV-09-376927 (Ont. S.C.J.) (involving former residents of the Huronia Regional Centre, open from 1945-2009, for people with disabilities); Clarke v.
Province of Ontario, No. CV-10-411911 (Ont. S.C.J.) (involving former residents of the Rideau
Regional Centre, open from 1969-2009, for people with disabilities); and In re Residential Schools
Class Action Litigation, No. 00-CV-19259 (Ont. S.C.J.) (involving individuals who attended a
Canadian Indian residential school system since 1879 and their heirs).
14. I have worked on some of the largest and most complex national notification programs in the country, including, without limitation: In re Domestic Airline Travel Antitrust
Litig., MDL No. 2656 (D.D.C.) (involving notice to over 100 million airline passengers); In re
Volkswagen “Clean Diesel” Marketing, Sales Practices & Prods. Liab. Litig., MDL No. 2672
(N.D. Cal.) (involving notice to over 700,000 Volkswagen, Porsche, and Audi owners/lessees);
Precision Assocs., Inc. v. Panalpina World Transport, No. 08-CV-00042 (E.D.N.Y.) (involving notice to millions of freight forwarding customers); In re Transpacific Passenger Air Transp.
Antitrust Litig., MDL No. 1913 (N.D. Cal.) (involving notice to millions of international airline passengers); In re Dynamic Random Memory Antitrust Litig., MDL No. 1486 (N.D. Cal.)
(involving notice to over 100 million consumers); In re TFT-LCD (Flat Panel) Antitrust Litig.,
MDL No. 1827 (N.D. Cal.) (involving notice to millions of indirect purchasers); In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010, MDL No. 2179 (E.D.
5 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 6 of 34
La.) (involving notice to over 40 million people impacted by the oil spill); In re Target Corp.
Customer Data Sec. Breach Litig., MDL No. 14-2522 (D. Minn.) (involving notice to over 40 million consumers); In re Sony Gaming Networks & Customer Data Sec. Breach Litig., No. 11-
MD-2258 (S.D. Cal.) (involving notice to over 70 million user accounts).
15. My qualifications include expertise with respect to the form and content of notice.
For example, while serving with the Federal Judicial Center (“FJC”), I played an integral part in the development of the illustrative, “model” forms of notice designed to satisfy the plain language requirements of Federal Rule of Civil Procedure 23(c)(2). This research formed the basis for my doctoral dissertation, The Effects of Plain Language Drafting on Layperson’s Comprehension of
Class Action Notices (2001) (Ph.D. dissertation, University of Georgia). To assist judges and attorneys, both in state and federal courts, the FJC posted the notices at www.fjc.gov.
16. In addition to extensive experience in the design and implementation of noticing programs in a variety of bankruptcy and class action litigation, I have authored and co-authored articles on notice and due process. I believe that notice and due process depend upon clear communication with the affected people and have stated this position in my publications. See, e.g., Shannon R. Wheatman & Katherine M. Kinsella, International Class Action Notice, WORLD
CLASS ACTION: A GUIDE TO GROUP AND REPRESENTATIVE CLASS ACTIONS AROUND THE GLOBE
673–86 (Paul Karlsgodt ed., 2012); Katherine Kinsella & Shannon Wheatman, Class Notice and
Claims Administration, PRIVATE ENFORCEMENT OF ANTITRUST LAW IN THE UNITED STATES: A
HANDBOOK 338–48 (Albert A. Foer & Randy M. Stutz eds., 2012); Shannon R. Wheatman & Terri
R. LeClercq, Majority of Class Action Publication Notices Fail to Satisfy Rule 23 Requirements,
30 REV. LITIG. 53 (2011); Katherine Kinsella & Shannon R. Wheatman, Class Notice and Claims
Administration, THE INTERNATIONAL PRIVATE ENFORCEMENT OF COMPETITION LAW 264–74
6 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 7 of 34
(Albert A. Foer & Jonathan W. Cuneo eds., 2010); Todd B. Hilsee, Shannon R. Wheatman & Gina
M. Intrepido, Do you really want me to know my rights? The ethics behind due process in class action notice is more than just plain language: A desire to actually inform, 18 GEO. J. LEGAL
ETHICS 1359 (2005); and Todd B. Hilsee, Gina M. Intrepido & Shannon R. Wheatman,
Hurricanes, Mobility and Due Process: The “Desire-to-Inform” Requirement for Effective Class
Action Notice Is Highlighted by Katrina, 80 TULANE LAW REV. 1771 (2006).
INITIAL PRESS COVERAGE
17. The Debtors’ announcement and filing of these chapter 11 cases on February 18,
2020 resulted in a significant amount of press coverage. This press coverage laid the groundwork for the Supplemental Notice Plan by educating potential abuse and unknown claimants about the bankruptcy case. Within a week of the Petition Date, there were 410 news articles published regarding these chapter 11 cases, 12,512 broadcast mentions on television or radio, and over
121,300 mentions on social media.6 Top-tier media outlets that ran stories included The New York
Times, The Wall Street Journal, USA TODAY, Axios, and the Associated Press. We expect the announcement of the Abuse Bar Date will garner additional press coverage and enhance the efforts of the Supplemental Notice Plan.
DIRECT NOTICE
18. The objective of the Debtors’ Notice Procedures in these chapter 11 cases with respect to holders of Abuse Claims is to successfully reach and inform known and unknown claimants of the deadline and process for filing proofs of claim. The principal method of notifying known abuse claimants affected will consist of actual, written notice via direct mail and email
(collectively, “Direct Notice”).
6 These press coverage statistics were provided by FTI Consulting Inc., the Debtors’ public relations firm.
7 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 8 of 34
19. Omni will implement all components of the Direct Notice in accordance with the
Bar Date Order.
20. A notice package, including the Abuse Claims Bar Date Notice and Abuse Survivor
Proof of Claim Form (the “Abuse Bar Date Package”), will be mailed via first class mail to the following individuals or their counsel of record who have provided sufficient contact information for the Debtors and for whom the Debtors have reasonably ascertainable records:7
a. all identifiable holders of Abuse Claims and/or their counsel of record, including claimants who have filed, or threatened to file, lawsuits against the Debtors alleging they were abused;
b. any claimant who can be reasonably ascertained from contact information collected from calls to the Boys Scouts Abuse Hotline or who otherwise contacted the Debtors to report Abuse Claims;8
c. counsel to any abuse claimant who entered into a settlement agreement with the Debtors stemming from allegations of abuse to the extent reasonably ascertainable; and
d. counsel to any abuse claimant who received a payment from the Debtors as a result of an allegation of abuse to the extent reasonably ascertainable.
21. Prior to mailing, all addresses will be checked against the National Change of
Address (“NCOA”)9 database, which is maintained by the United States Postal Service (“USPS”).
22. Notices that are returned as non-deliverable will be re-mailed to any address indicated by the USPS in the case of an expired automatic forwarding order. Notices returned as non-deliverable, but for which a new address is not indicated by the USPS, will be further searched through a third-party vendor to obtain a more current address. If any such address is found, the
Abuse Bar Date Package will be re-mailed to such addresses.
8 If an email address was provided, they will receive an Abuse Claims Email Notice. 9 The NCOA database contains records of all permanent changes of address submissions received by the USPS for the last four years.
8 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 9 of 34
23. A form of the Abuse Claims Publication Notice adapted for email format (the
“Abuse Claims Email Notice”) will be sent to anyone in the Debtors’ database (current and former scouts, volunteers, and parents) who provided an email address to the Debtors since 1999.
Additionally, an address trace, using a third party vendor, will be done to locate current email addresses for adult scouts, parents of minor children, alumni, and volunteers who provided only a mailing address to the Debtors since 2012. The Abuse Claims Email Notice includes a sentence in Spanish to alert people that a Spanish version of the notice is available at the case website or by calling the Debtors’ toll-free phone number.
24. A Spanish version of the Abuse Claims Email Notice will be sent to individuals who purchased a Spanish Handbook from the Debtors’ online via Scout Shop and provided an email address to the Debtors.
25. We anticipate that over 10 million potential claimants will be reached through email.
26. I have been involved in drafting the various forms of Bar Date Notices. It is my opinion that each proposed form is noticeable, clear, concise, and written in plain, easily understood language.
SUPPLEMENTAL NOTICE PLAN OVERVIEW
27. The objective of the Supplemental Notice Plan is to provide fair and adequate notice of the Abuse Claims Bar Date to potential Abuse Survivors who may hold Abuse Claims but whose names, addresses, and identities are not known to the Debtors.
28. To effectively reach potential claimants, KM recommends a Supplemental Notice
Plan consisting of the following:
9 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 10 of 34
MEDIA DESCRIPTION v National (ABC and CBS) and Cable Networks U.S. Television v Connected TV v National Networks (Premiere and Westwood One) U.S. Radio v Satellite v Streaming: iHeartRadio, Pandora, Spotify, and TuneIn v 8 National Magazines U.S. Print v 10 Local Hispanic Newspapers v Banner & Video Display v Social Media (Facebook/Instagram, Pinterest, Reddit, Twitter, and YouTube) U.S. Online v Targeted Online / Hispanic Online v Keyword Search Campaign: Google and Bing v Scouting (digital edition) Boy Scouts Media v Websites/Blogs v BSA Social Channels (Facebook/Instagram/Twitter) v 12 Newspapers U.S. Territories v Social Media (Facebook/Instagram, Pinterest, Reddit, Twitter, and YouTube) v Targeted Online v 11 editions of Stars & Stripes, covering Europe, the Middle East, and the Pacific Military v Online: Military Ad Network, FamilyMedia.com, Military.com, and MilitarySpouse.com Earned v Press Release v Chartered Organizations v Sexual Abuse Groups Community v Correctional Facility Contacts Outreach v USO Centers, Department of Defense Schools, Military Bases, and Military Public Affairs Offices
29. As set forth below, I believe this Supplemental Notice Plan exceeds the requirements of due process and effectively reaches the target of unknown and potential claimants, with a focus on current and former Scouts and volunteers and the parents/guardians of minor children who may hold Abuse Claims.
30. More details about each component of the Supplemental Notice Plan and how the program was developed are described below.
10 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 11 of 34
I. Demographics and Location of Potential Abuse Claimants
31. To develop the Supplemental Notice Plan and determine how best to reach potential claimants, I reviewed and analyzed various sources of information and data as detailed below.
32. I reviewed data provided by the Debtors that included the following: (a) pending claims against the BSA, either through filed litigation or reported by plaintiffs’ attorneys; (b) the number of girls in Scouting from 1999 to 2019; (c) the number of Scouts and volunteers in international BSA programs from 1999 to 2019; (d) the number of Scouts by state from 1999 to
2019; (e) international chartered organizations; and (f) the Warren Report.10 Additionally, I reviewed results from a Gallup Survey conducted in 201011 with 81,000 male participants that included a question on Scouting:
33. I analyzed the information in the Warren Report, which contained an analysis of
7,819 Ineligible Volunteer files (the “IV Files”) in the BSA’s Volunteer Screening Database that were generated from 1946 through 2016. The data showed claims in 50 states and Puerto Rico.
34. Based on my review and analysis, the following information helped shape the proposed Supplemental Notice Plan:
10 See Janet I. Warren, Boy Scouts of America: Volunteer Screening Database 1946 – 2016 (2019). A copy of the Warren Report is attached to the Debtors’ Informational Brief [Docket No. 4] as Exhibit 2. 11 Gallup, Younger Generations Less Likely to Join Boy Scouts, at https://news.gallup.com/poll/145187/younger- generations-less-likely-join-boy-scouts.aspx (last visited Mar. 19, 2020).
11 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 12 of 34
A. Age of Potential Claimants
(i) Potential claimants include children as well as adults.
(ii) The oldest pending claim against the BSA dates back to 1940.
(iii) I used the Gallup Survey results and estimates of the U.S. male population to extrapolate the age segments of former Scouts. Based on this data, over 54% of former Scouts are men 50 years of age and older.
Percent of U.S. Male Percent Boy Number of Age Former Population12 Scouts Boy Scouts Scouts 18-27 22.7 million 20%13 4.5 million 10.7% 28-34 16.0 million 27% 4.3 million 10.2% 35-44 20.6 million 31% 6.4 million 15.2%
45-49 10.3 million 38% 3.9 million 9.3%
50-59 21.0 million 38% 8.0 million 19.0% 60+ 33.0 million 45% 14.9 million 35.5%
(iv) Approximately 90% of the pending civil actions asserting claims against the BSA and certain Local Councils and chartered organizations relate to abuse that occurred before 1988; the greatest concentration of abuse alleged in pending civil actions occurred in the 1960s and 1970s.
12Statista, Population of the United States by sex and age 2018, at https://www.statista.com/statistics/241488/population-of-the-us-by-sex-and-age/ (last visited Mar. 19, 2020). 13 This percentage was estimated based on the 26% decrease in the number of scouts between 2010 (date of Gallup Survey) and 2019 (most recent date provided by BSA).
12 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 13 of 34
(v) I estimate that at least 71.8% of Abuse Survivors with pending claims against BSA are 50 years of age or older.
B. Location of Potential Claimants in the United States
(i) Scouting was available in all 50 states and U.S. territories.
C. Girls in Scouting
(i) Beginning in 1969, girls were deemed eligible to join special interest Explorer posts, and in 1971, they were able to become full members in the Exploring program. Beginning in 1998, girls were allowed to participate in the Venturing program.
(ii) On January 15, 2018, the BSA welcomed an initial group of young girls into Cub Scouts, and as of February 1, 2019, girls officially began joining the “Scouts BSA” (previously Boy Scouts) program.
(iii) From 1999 to 2019, girls represented 5.0% of all Scouts.
D. Languages in the United States
(i) The Scouting Handbook and other materials are available in English and Spanish.
(ii) Spanish Scouting Handbooks and materials are sold online and are available at Scout Shop stores in California, Arizona, and Puerto Rico. Local Councils in 37 states have purchased Spanish Handbooks for resale.
13 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 14 of 34
E. Foreign Military BSA Programs
(i) The BSA’s Scouting programs have been offered outside of the United States since the early 1950s. From 1999 to 2019, there were fewer than 300,000 Scouts involved in international BSA programs.
(ii) These programs were offered in English.
(iii) From 1999 to 2019, approximately 60% of Scouts in foreign countries participated in a BSA program at a U.S. military base. The heaviest participation in these programs occurred on U.S. army bases.
(iv) Three hundred and forty Scouting Troops are currently registered in 59 foreign countries (the “Active Scouting Troops”). The countries with the highest level of Active Scouting Troop participation are Germany, Japan, Great Britain, Saudi Arabia, China, and South Korea.
II. Target Audience: Selection Methodology and Demographics
35. The objective of the Supplemental Notice Plan is to reach potential claimants, who include current and former Scouts and volunteers. Additionally, the Supplemental Notice Plan is designed to reach the parents and guardians of minor children, a high percentage of which will likely also receive actual notice through contact information provided to the BSA when registering their children for Scouting programs.
36. KM employs methodology and measurement tools used in the media planning and advertising industry for designing and measuring the adequacy of a paid media program to reach a particular audience. To design the paid media notice segment of the Supplemental Notice Plan,
KM identified and selected demographics that encompass the characteristics of potential claimants. KM analyzed and selected media vehicles for their strength and efficiency in reaching these demographic targets and then quantified results to be used in determining the adequacy of the notice.
37. For the purpose of developing profiles of the demographics and the media habits of potential claimants, KM analyzed syndicated data available from MRI-Simmons 2019 Doublebase
14 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 15 of 34
Study,14 comScore,15 and Nielsen.16
38. Based on the data analysis provided above, three target audiences were chosen:
(a) The primary target is men 50 years of age and older (“Men 50+”).
(b) The secondary target is men 18 years of age and older (“Men 18+”).
(c) The tertiary target is women 18 years of age and older (“Women 18+”).
39. These three target audiences will effectively reach all potential claimants, as well as parents/guardian of minor children who are not reached through direct notice of the Abuse
Claims Bar Date.
III. Target Audiences: Media Usage
40. Individuals spend varying amounts of time with different types of media. Certain demographic groups may be heavy consumers, light consumers, or non-users of a particular medium. To examine the media habits of the target audiences, KM compares the target audience’s media usage to that of the average adult 18 years of age and older (“Adults 18+”) in usage quintiles17 reported by MRI-Simmons. The study ranks respondents based on their amount of exposure to a medium and divides them into five equal-sized groups (called “quintiles”) from
14 MRI-Simmons is a nationally accredited media and marketing research firm that provides syndicated data on audience size, composition, and other relevant factors pertaining to major media. MRI-Simmons provides a single- source of major media, products, services, and in-depth consumer demographic and lifestyle/psychographic characteristics. MRI-Simmons produces an annual Doublebase, a study of more than 50,000 adults providing two full years of data. 15 comScore, Inc. is a source of Internet audience measurement for advertising agencies, publishers, marketers, and financial analysts. comScore measures Internet usage and other activity through monitoring software installed on the computers of a panel of approximately two million people. Active in 170 countries, comScore tracks more than three million unique websites. 16 Nielsen Company is the leading provider of audience measurement and related services worldwide. In the United States, Nielsen’s National TV People Meter service provides audience estimates for all national program sources, including broadcast networks, cable networks, Spanish language networks, and national syndicates. Nielsen//Net Ratings reports online audiences. 17 The media usage of the target audience in each quintile is expressed as an index. An index of 100 is the average adult’s usage of a particular medium. Therefore, an index above 100 indicates a heavier usage of the medium than the average adult, and an index below 100 indicates a lighter usage of the medium than the average adult.
15 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 16 of 34
heaviest usage (1) to lightest usage (5).
41. The following charts illustrate the target audiences’ top two quintiles (heaviest and next heaviest usage) for each type of media:18
42. The following table reflects the targets audiences’ media consumption habits:
Men 50+ Men 18+ Women 18+ Average % of Average % of Average % of Media Use target Use target Use target Magazines 6.7 65.8% 6.9 63.9% 8.3 72.7% (# read in month) Newspapers 17.9 46.7% 15.6 38.6% 14.4 39.0% (# read in month) Network Radio 16.2 76.0% 17.5 79.8% 15.2 76.6% (hours per week) Television 38.8 94.1% 30.7 88.6% 31.9 89.2% (hours per week) Internet (hours per week) 18.3 71.3% 24.4 84.6% 23.7 85.1%
18 The younger targets are broken into 18-49 years for purposes of showing how their media habits differ from the older audiences.
16 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 17 of 34
43. The data indicates that:
(a) Men 50+ and women 50 years of age and older are heavy television viewers and newspaper readers, slightly above average magazine readers, and light radio and Internet users.
(b) The 18–49 segment of the broader Men 18+ and Women 18+ targets are heavy Internet users, above average radio listeners, below average to light magazine and newspaper readers, and light television viewers.
44. Based on the target audiences’ media consumption habits, KM researched the most appropriate media vehicles for these chapter 11 cases. KM also reviewed available broadcast, print, and online opportunities to reach the target audiences.
45. The proposed Supplemental Notice Plan includes placements in media vehicles whose audiences are more likely to include potential claimants, ensuring coverage across all segments of the target audiences.
IV. U.S. Media Components
46. The core of the Supplemental Notice Plan is paid media,19 which includes television, radio, magazines, newspapers, and online media. An earned media program will also be implemented through the Supplemental Notice Plan to amplify the Paid Media Notice and provide additional coverage to allow potential claimants to learn more.
A. Television
47. Television has the ability to reach a target audience with an immediate and accessible message. The combination of audio and visual message delivery increases the impact.
Viewers can quickly ascertain if the message is important and if so, decide to respond.
19 Publishers have the right to refuse the Debtors’ advertisements. KM will make every effort to have the advertisements placed in the publications as laid out in the Supplemental Notice Plan but will make substitutions as necessary. In addition, if a publication asks KM to add language, and that language does not substantively change the message of the advertisement, KM will make substitutions as necessary in order to maintain the proposed schedule.
17 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 18 of 34
48. Notice in the form of 30-second advertisements will be aired throughout the day on national broadcast and cable networks and on devices connected to the Internet (“Connected TV”).
49. National television spots20 will run for six to seven weeks across broadcast and cable networks. Delivery estimates are based on purchasing 229 Men 50+ Target Rating Points
(“TRPs”).21 However, the television advertising will reach all target audiences as follows: 70% of
Men 50+, 56% of Men 18+, and 47% of Women 18+.22
50. Broadcast and cable networks may include all or some of the following, depending upon availability at the time media is purchased:
PROGRAMMING CHANNELS
Broadcast Network
Cable – Entertainment
Cable – History/Science
20 The national U.S. television buy includes limited coverage of U.S. territories. 21 Target Rating Points represent the sum of the ratings delivered by a media vehicle in a schedule. A rating is the percentage of persons in the target who have been exposed to the media vehicles in the schedule. One TRP equals 1% of a given target population. 22 Inventory is subject to change at the time of actual placement based on availability and market conditions. Should television delivery fall short due to inventory issues, budget will be re-allocated to radio/internet in order to make-up delivery.
18 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 19 of 34
PROGRAMMING CHANNELS
Cable – News/Information
Cable – Sports
51. Connected TV enables users to access content without going through a cable operator or satellite set-top box (e.g., Amazon, Roku, Xbox, PlayStation). More than 74% of adults 18-49 years old subscribe to streaming video services, indicating this audience has a strong preference to consume programming via connected devices.
52. Advertisements will run on Connected TV for four weeks during programs that are streamed online through video services, including Scripps Network, TNT, Crackle, Discovery
Channel, ESPN, Fox News, A&E, Bloomberg, CNN, and Hulu.
B. Radio
53. Radio functions primarily as a frequency-building medium. When used in conjunction with television, radio efficiently provides multiple opportunities for exposure to a message.
54. Notice in the form of 30-second national radio spots will run for four to five weeks on national network radio, satellite radio, and streaming radio.
19 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 20 of 34
55. National Network Radio is bought in the form of network programming (as opposed to specific stations or dayparts), and buys can be tailored for a specific age group of people based on a network’s typical listeners. Delivery estimates for Network Radio are based on purchasing 125 Men 50+ TRPs. Programming will reach all target audiences as follows: 40% of
Men 50+, 38.5% of Men 18+, and 29% of Women 18+.
56. National Hispanic Network Radio will be used to reach potential claimants who speak Spanish. Radio is the leading reach vehicle/medium used by Hispanics in the U.S., reaching
96% of users on a weekly basis.23 National Hispanic Network Radio will be purchased against
Men 18+.
57. Notice will be provided through radio networks broadcasting a variety of programming, including sports, news, entertainment, and talk-radio. Specific programming will depend upon availability at the time that media is purchased. Networks include:
NETWORK SUMMARY Premiere Radio Network syndicates more than 100 radio programs and services to more than 7,100 radio affiliates. Selected programming may include talk-radio (e.g., Buck Sexton Show, Glen Beck, Sean Hannity), sports (e.g., Fox Sports Outkick, Dan Patrick Show), and news (e.g., Fox News Radio, Newstrack Weekday). Westwood One Radio Network broadcasts to 424 stations in 87 U.S. media markets and syndicates programming to more than 8,000 broadcast radio affiliates. Selected programming may include music (e.g., Classic Rock), sports (e.g., CBS Sports, NFL Football), and news (e.g., CNN Newswire). Univision Audio Network is the largest Spanish Language Network in the U.S. with 93% of U.S. Hispanic coverage. The network consists of more than 250 owned-and-operated stations and affiliates in 75 markets. Programming includes music (covering several formats), sports, news-talk and variety entertainment.
23 Nielsen Total Audience Report, Q2 (2019).
20 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 21 of 34
58. Satellite Radio is a subscriber-based radio service that uses satellites to broadcast its programming. Twenty-six percent of Men 50+, 49% of Men 18+, and 50% of Women 18+ are satellite radio listeners. An estimated 225 spots will air on top channels through Sirius XM.
Channels may include Fox News, CNN, Mad Dog Sports Radio, CNBC, and Fox Business.
59. Streaming Radio is a technology that transmits audio over the internet to any connected device. Streaming services are available in the form of music and terrestrial radio stations. Over 79% of adults 18-49 have listened to or used music streaming services in the last
30 days. Advertisements will be purchased on music streaming services including: iHeartRadio,
Pandora, Spotify, and TuneIn.
C. Print
60. KM chose the specific consumer publications listed below for the Supplemental
Notice Plan because they are among the highest ranking in coverage of the various target audiences.
61. The Abuse Claims Publication Notice will appear in eight publications as follows:
PUBLICATION AD SIZE CIRCULATION SUMMARY Published 10 times a year and contains 8.563" x 22,500,000 news and feature coverage of items that 10.438" interest adults 50+.
Published monthly and focuses on world events and national news analysis. It 7" x 10" 1,766,295 features articles on retirement, travel,
and leisure activities.
6.125" x Published monthly and covers people 9.25" 3,000,000 and places internationally.
Sunday newspaper magazine carried in over 750 newspapers. Carrier 8" x 9.125" 18,000,000 newspapers serve major urban and suburban markets in the U.S.
21 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 22 of 34
PUBLICATION AD SIZE CIRCULATION SUMMARY Weekly publication covering 7" x 10" 3,400,000 personalities in entertainment, politics, business, and other current events.
Published 10 times a year and includes 9.375" x selected excerpts from other publications 6.75" 3,000,000 as well as original pieces.
Published 16 times a year and reports 7" x 10" 1,700,000 about sports through in-depth articles, photography, and stories.
Published 10 times a year and covers 7.25" x veteran’s rights, foreign affairs, 1,014,973 9.75" volunteerism, and remembrance of military service abroad.
62. The Abuse Claims Publication Notice will be translated into Spanish and placed in
10 Hispanic newspapers. These newspapers were selected because of their ability to effectively provide coverage in the top 10 media markets with the heaviest concentration of Hispanic adults.
MARKET NEWSPAPER CIRCULATION
Chicago Lawndale News 230,000
Dallas/Ft. Worth La Estrella (En Casa) 115,967
Harlingen/Weslaco/ El Periodico USA 32,000 Brownsville/McAllen
Houston La Voz De Houston 200,000
Los Angeles El Clasificado 425,000
Miami/Ft. Lauderdale El Clarin 180,000
New York El Especialito 150,000
Phoenix TV y Mas Entertainment 75,000
San Antonio Conexion 80,831
San Francisco/Oakland/San Jose La Opinion De La Bahia 104,000
22 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 23 of 34
63. KM selected newspaper advertising to provide notice in U.S. territories and possessions. The Abuse Claims Publication Notice will be translated, when necessary, and appropriately sized for placement in the following newspapers in U.S. territories and possessions:
U.S. TERRITORY/POSSESSION NEWSPAPER CIRCULATION American Samoa Samoa News 7,000 American Samoa Samoa Observer 23,000 Guam Pacific Daily News 25,116 Mariana Islands Marianas Variety 20,000 Mariana Islands Saipan Tribune 10,000 Puerto Rico El Nuevo Dia (Spanish) 185,000 Puerto Rico El Vocero (Spanish) 170,000 Puerto Rico Primera Hora (Spanish) 187,000 Puerto Rico San Juan Daily Star 62,593 U.S. Virgin Islands Love City Trader 6,000 U.S. Virgin Islands St. Croix Avis 14,000 U.S. Virgin Islands Virgin Island Daily News 20,000
D. Online
64. Internet advertising delivers an immediate message and allows the viewer to click on a banner advertisement and instantly be directed to the Debtors’ case website for further information. Banner ads are typically located either at the top or side of a website page. KM will use highly engaging animated banner ads, which are more likely to capture viewers’ attention because they include moving images and text.
65. If the schedule for the Supplemental Notice Plan permits, the Abuse Claims
Publication Notice will appear in the digital edition of Scouting, the BSA’s general interest, news, and informational publication for all registered BSA adult volunteers and professionals.
23 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 24 of 34
66. KM will purchase over 89 million gross impressions24 across two online networks.
These impressions will be targeted to reach Men 50+ and Men 18+ across various websites.
Targeted impressions (described below) will also be delivered to Women 18+. Impressions will be allocated to maximize exposure during the campaign across websites to ensure optimal ad delivery. Delivery of internet impressions to specific websites and categories within websites are subject to availability at the time KM purchases the media.
67. Banner ads will appear on the following online networks over four to five weeks.
Each network listed below partners with thousands of websites to distribute online ads across their network. A list of properties and websites in the networks is attached hereto as Exhibit 2.
AD SIZE NETWORK SUMMARY (PIXELS)
728x90, Online advertising company and 300x250, comScore Top 20 Ad Network. 160x600
728x90, A global digital media platform that 300x250, connects advertisers and audiences across all media channels. 160x600
68. Banner ads will be delivered across devices (desktop, mobile and tablet).
69. Spanish language online ads will be delivered on Pulpo Media Network.
70. Banner ads will also be delivered via the Catholic Audience Network, a premium ad network consisting of over 500 family-friendly Catholic-oriented sites. This network serves ads to members of Catholic and Christian communities.
71. Online impressions will also be delivered using the following targeting strategies:
(i) Behavioral Targeting: Ads targeted to men and women based on their previous online activities (e.g., if they viewed or searched content related to
24 Gross impressions are the total number of times a digital ad will be shown. This figure does not represent the total number of unique viewers of the ad, as some viewers will see the ad more than once.
24 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 25 of 34
the BSA, sexual abuse, and other related terms).
(ii) Channel/Contextual: Ads targeted to websites with editorial content related to Boy Scouts or Scouting. Ads will also target websites with content related to sports, business, finance, news, and women’s interests.
(iii) Premium Websites: Ads targeted to top sites visited by men (e.g., NBC News, NBA, TBS, NCAA, Bleacher Report) and women (e.g., CafeMedia, NBC News, Today, Lifestyle sites on Meredith and Hearst).
(iv) Re-targeting: Ads targeted to users who previously clicked on an ad about the bankruptcy or visited the chapter 11 case website.
(v) Third Party Data: Ads targeted to people based on third-party data that have identified Internet users as parents, households that have children, and individuals who are parents.
72. KM will use a third-party ad management platform, Integral Ad Science, to audit the digital ad placements. This platform will help reduce the investment wasted on fraudulent or otherwise invalid traffic (e.g., ads being seen by ‘bots’ or non-humans, ads not viewable, etc.) and ensure brand safety through the use of whitelisting.25
E. Social Media to Potential Claimants
73. Ads will be delivered on five social media networks. Over 57% of Men 50+, over
90% of Men 18-49, and over 81% of Women 18+ have visited or used social media in the last 30 days. Text, image, and video ads will be purchased on social media networks as follows:
NETWORK USAGE AD SIZE DETAILS Newsfeed ads targeted to: (1) users who have an email address that matches an email in the Debtors’ database; (2) Men 50+: 42% Adults 18+; (3) parents; and (4) people Men 18-49: 78% Text with an interest in the Boy Scouts, Boy Image Scouts of America, Cub Scouting, Eagle Women 18+: 74% Scout, or Scouting for Boys; (5) users with interest in LDS church, and (6) users with interest in the Catholic Church. Includes Spanish language ads.
25 Whitelisting places the ad on selected website domains that are vetted for audience delivery and performance.
25 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 26 of 34
NETWORK USAGE AD SIZE DETAILS
Men 50+: 6% Ads targeted to users across all ages Men 18-49: 11% Text & using keywords/topics related to Image Women 18+: 33% parenting or Scouting.
Men 50+: 2% Ads targeted based on users’ interests Text & and communities, such as Boy Scouts, Men 18-49:14% Image askparents, parenting, outdoor, etc. Women 18+: 3% Ad delivery will be targeted using keywords or phrases to: (1) Scouting (e.g., Boy Scouts, Scouting); hashtags (e.g., #BoyScouts, #BSA); and handles (e.g., @boyscout, @BoyScoutsGNYC, Men 50+: 7% @WMAScouting); (2) LDS related Men 18-49: 22% Text & hashtags (#LDS, #Mormons) and Image Women 18+: 13% handles (e.g., @OnlyMormons, @LDSofficial @LDSquotable, @BibleAndMormons); (3) Catholic related handles (e.g., @cnalive, @CatholicNewsSvc, @CatholicHerald, @CatholicRelief, @USCCB). Men 50+: 38% Banners: Banner and/or video ad placement. Men 18-49: 69% 728x90, 300x250 Video ads will appear before, during, or Women 18+: 49% after videos. Video
74. The BSA will also post information on its social media pages, including: Facebook
(Boy Scouts, Cub Scouts, Venturing, Scouting Magazine, Summit, Philmont, Northern Tier, Sea
Base, NESA, ScoutShop, Exploring, and Sea Scouts), Instagram (Boy Scouts and Cub Scouts), and Twitter (Boy Scouts and Cub Scouts).
75. Information about the Abuse Bar Date will be posted on the following BSA-owned websites/blogs: Bryan on Scouting blog, Scouting magazine, Scouting Wire blog, Scouting
Newsroom, and Scout Shop blog.
26 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 27 of 34
76. To help search engine users locate the Debtors’ chapter 11 case website, KM will purchase sponsored links to appear on Google, Bing, and other search partners when searchers enter certain terms (e.g., Boy Scouts bankruptcy, Boy Scouts sexual abuse, scout abuse claim).
When a user searches online for one of the specified search terms or phrases, an advertisement will appear on the results page that will point users to the chapter 11 case website.
F. Social Media to Third Parties
77. Ads will be delivered on two social media networks to reach professionals who may have contact with potential claimants, including therapists/clinicians, social service agencies/social workers, law enforcement/prison officials, and veterans’ health administrators.
NETWORK DETAILS
Newsfeed ads targeted to people with job titles in these categories: (1) Therapist/Clinician, (2) Police Departments/Police and Law Enforcement, (3) Social Service Agencies, and (4) Veterans Health
Administration. Ads targeted to people with job titles in the following categories: (1) Therapist/Clinician, (2) Police Departments/Police and Law Enforcement, and (3) Prisons.
Ads targeted to member groups in the following categories: (1) Therapist/Clinician (e.g., Military Veteran Clinicians, Mental Health Networking Group, Psychotherapist, The Psychology Network), (2) Police Departments/Police and Law Enforcement (e.g., American Police veterans, PoliceOne.com Network, Law Enforcement, The Law Enforcement Network, Law Enforcement Nationwide), and (3) Veterans’ Affairs (e.g., National Association of Veterans’ Program Administrators).
V. U.S. Paid Media Delivery
78. For the purpose of evaluating the strength and efficiency of the media, KM measured the television, radio, magazines, and online advertising against the target audiences to establish the estimated reach of the media program and the estimated frequency of exposure to the media vehicles.
27 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 28 of 34
(a) An estimated 95.8% of Men 50+ will be reached with an average estimated frequency of 6.5 times.
(b) An estimated 89.8% of Men 18+ will be reached with an average estimated frequency of 4.6 times.
(c) An estimated 80.0% of Women 18+ will be reached with an average estimated frequency of 3.9 times.
79. The combination of reach and frequency of the target audiences in these chapter 11 cases compares favorably to other high-profile bankruptcy and class action cases that involved noticing programs for unknown claimants:
CASE REACH FREQUENCY In re PG&E Corp., Case No. 19-30088 (Bankr. N.D. Cal.) 95% 8.0 In re Garlock Sealing Tech. LLC, Case No. 10-31607 (Bankr. W.D.N.C.) 95% 4.4 In re Takata Airbag Prods. Liability Litig., MDL No. 2599 (M.D. Fla.) 95% 4.0 In re Oil Spill by Oil Rig Deepwater Horizon, MDL No. 2179 (E.D. La.) 95% 4.0 In re W.R. Grace & Co., Case No. 01-01139 (Bankr. D. Del.) 91% 3.7 In re Babcock & Wilcox Co., Case No. 00-10992 (Bankr. E.D. La.) 94% 4.4
VI. Foreign Military Media Components
80. Historically, the heaviest participation in international Scouting programs has occurred on U.S. military bases. In addition, many men in the military are former Scouts.26
Therefore, KM recommends military media overseas in order to reach potential claimants in the
Supplemental Notice Plan.
81. The Abuse Claims Publication Notice will appear in eleven international editions of Stars and Stripes, which reach active-duty military and their families. This will include daily editions covering Europe, the Pacific, and the Middle East, weekly editions covering four countries in the Pacific, and monthly editions covering four areas in Germany.
26 BSA Troop 400, Scouting Statistics, at http://www.troop400.org/reference/scouting-statistics (last visited Mar. 19, 2020). This source reports that 45% of Scouts serve in the military.
28 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 29 of 34
PUBLICATION AD SIZE CIRCULATION COUNTRIES Belgium, Germany, Greece, Italy, 8.167" x 15,000 Netherlands, Poland, Romania, Spain, 10.75" and Turkey.
8.167" x Afghanistan, Bahrain, Iraq, Jordan, 10,000 10.75" Kuwait, and Qatar.
8.167" x 10.75" 25,000 Guam, Japan, and Korea.
10.25" x Japan, South Korea, Okinawa, and 13.75" 25,000 Guam.
7.625" x Bavaria, Rhein Main, Kaiserslautern, 10,000 10" Pfalz & Stuttgart, Germany.
82. Banner ads will also appear on the following online network/websites over a four to five week span. These ads will be targeted to people located outside of the United States.
NETWORK AD SIZE SUMMARY (PIXELS) Contains features on military family life, relocating, apartment decorating, FamilyMedia.com cooking, travel, education, children, careers, marriage and family health.
Targeting ads to people identified as 728x90, active military who are outside the U.S. Military Audience Network 300x250, Heavy concentration of ads to Army 160x600 and bases in top countries.
Provides informative content on deployment, relationships, family, MilitarySpouse.com money, career and education, well- being, and at home life.
29 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 30 of 34
NETWORK AD SIZE SUMMARY (PIXELS) Connects service members, military Military.com families and veterans to all the benefits of service.
VII. Community Outreach
83. The following groups will be contacted via first class mail or email. They will be provided with the Abuse Claims Publication Notice and asked to share information with their members:
NUMBER OF TYPE OF GROUP CONTACTS CONTACT International and U.S. Chartered Organizations27 53,14328 Mail U.S. Correctional Facility Contacts (wardens, pastors, etc.) 2,243 Email International and U.S. USO29 Centers 230 Mail International Churches (holding services in English) 177 Email Sexual Abuse Support Groups 121 Mail/Email International Military Bases 62 Email Superintendents of International Department of Defense Schools 28 Email International Military Public Affairs Officers 8 Email
VIII. Earned Media
84. An earned media program will be implemented to amplify the paid media and provide additional notice to potential claimants. A nationwide press release will be distributed on
PR Newswire’s US1 news circuit reaching 5,400 traditional media outlets (television, radio,
27 The BSA grants charters to thousands of local organizations across the country and the world, including faith-based institutions, clubs, civic associations, educational institutions, businesses, and groups of citizens. These organizations will be asked to post notice in the location where Scouting troops meet. 28 Includes active and pending charters as well as former charters associated with The Church of Jesus Christ of Latter- day Saints. 29 The nation’s leading organization (non-government) that serves the men and women in the U.S. military and their families.
30 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 31 of 34
newspapers, magazines) and 4,000 national websites. The release will highlight the toll-free telephone number and case website address, so that potential claimants can obtain information.
IX. Case Website
85. An informational website for the Debtors’ chapter 11 cases is currently available at www.OfficalBSAclaims.com. This case website has specific information and a dedicated information page, in plain language, for abuse claimants. Once the Supplemental Notice Plan is approved and the Abuse Claims Bar Date is set, the case website will be updated to include the
Abuse Claims Publication Notice, Abuse Claims Bar Date Notice, and the Abuse Proof of Claim
Form. These documents will also be available in Spanish. All media will direct potential claimants to this case website for more information.
X. Toll-Free Telephone Support
86. The Debtors established a toll-free phone number (1-866-907-2721) at the outset of these chapter 11 cases, which potential claimants will continue to be able to call for information about the Bar Date. Once the Supplemental Notice Plan is approved, potential claimants will be able to call to request that a noticing package, including the Abuse Claims Bar Date Notice, the
General Bar Date Notice, the Abuse Proof of Claim Form, and/or the General Proof of Claim
Form, as applicable, be mailed to them. Television, radio, and print ads will include the Debtors’ toll-free telephone number.
THE FORM AND CONTENT OF THE NOTICES
87. Forms of the Abuse Claims Bar Date Notice, Abuse Claims Publication Notice,
Abuse Claims Email Notice, and Abuse Survivor Proof of Claim Form are attached as Exhibits 6,
7, 8, and 9, respectively, to the Supplement to Debtors’ Bar Date Motion, filed concurrently herewith.
31 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 32 of 34
88. The Abuse Claims Email Notice and Abuse Claims Publication Notice are designed to capture the attention of potential abuse claimants with a clear headline and plain language text.
These notices provide important information regarding the Debtors’ bankruptcy cases and the legal rights available to claimants with respect to the Abuse Claims Bar Date, and direct readers to the bankruptcy case website and toll-free phone number for more information.
89. The Abuse Claims Bar Date Notice provides key information about these chapter
11 cases and the Abuse Claims Bar Date in an easy-to-use question and answer format. The information provided in the Abuse Claims Bar Date Notice is drafted to allow potential abuse claimants to easily understand their legal rights and Abuse Survivors to properly file an Abuse
Claim prior to the Abuse Claims Bar Date, and inform such survivors regarding what to expect in these chapter 11 cases as they progress.
90. The Abuse Proof of Claim Form is written in plain, easily understood language. It clearly informs potential abuse claimants about all of the information they need to properly file an
Abuse Claim. The case website and toll-free phone number are prominently displayed at the bottom of each page.
91. The Abuse Claims Bar Date Notice, Abuse Claims Publication Notice, and the
Abuse Proof of Claim Form will also be translated into Spanish.
CONCLUSION
92. In my experience and opinion, the breadth, comprehensiveness, and efficacy of this
Supplemental Notice Plan is well beyond what is typical in chapter 11 noticing programs. The reach of potential claimants through television, radio, magazines, newspapers, and online advertisements as well as the press release will provide known and unknown claimants – particularly potential abuse claimants – with multiple exposures to information about the Abuse
32 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 33 of 34
Claims Bar Date and the Debtors’ chapter 11 cases. Moreover, media will focus on potential claimants living abroad who are part of the U.S. military.
93. The Debtors’ Notice Procedures are broad, multi-faceted and designed to reach the target audiences in a variety of ways. In total, the Debtors’ Supplemental Notice Plan is estimated to reach approximately 95.9% of Men 50+, the primary target audience of potential claimants, with an average frequency of 6.5 times in the United States. This represents an optimal reach and frequency for the Supplemental Notice Plan, in addition to reaching secondary audiences as described in detail above. When combined with the other methods of notice of these chapter 11 cases of the Bar Date—including unmeasured methods such as Connected TV, satellite and streaming radio, targeted online advertising, and community outreach—I believe that the overall effort will achieve even greater results.
94. It is my opinion that the Supplemental Notice Plan provides more than enough time for potential claimants to act on their rights before the Abuse Claims Bar Date. Even if someone learns about the Abuse Claims Bar Date on the very last day of the media program, they have 30 days to file an Abuse Survivor Proof of Claim.
95. It is my opinion that the reach of the target audiences and the number of exposure opportunities to the notice information through extensive notice and paid media will effectively and efficiently reach the target audiences and satisfies due process. The Notice Procedures and the Supplemental Notice Plan are consistent with the standards employed by KM in similar noticing programs designed to reach both known and unknown claimants.
33 Case 20-10343-LSS Doc 556 Filed 05/04/20 Page 34 of 34
I declare under penalty of perjury that, after reasonable inquiry, the foregoing is true and correct to the best of my knowledge, information and belief.
Dated: May 4, 2020 Souderton, Pennsylvania
Shannon R. Wheatman, Ph.D. President KINSELLA MEDIA, LLC
34 Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 1 of 17
Exhibit 1
Curriculum Vitae
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 2 of 17
Shannon R. Wheatman, Ph.D.
President Kinsella Media, LLC 2101 L Street NW, Suite 800 Washington, DC 20037 2010 – Present
Dr. Wheatman specializes in designing, developing, analyzing, and implementing large-scale legal notification plans. She is a court-recognized expert who provides testimony on the best notice practicable. Dr. Wheatman began her class action career in 2000 at the Federal Judicial Center where she was instrumental in the development of model notices to satisfy the plain language amendment to Rule 23. Her plain language expertise was advanced by her education, including her doctoral dissertation on plain language drafting of class action notice and her master’s thesis on comprehension of jury instructions. Dr. Wheatman has been involved in over 600 class actions. Her selected case experience includes:
Antitrust Allen v. Dairy Farmers of America, Inc., No. 09-CV-00230-CR (D. Vt.). Blessing v. Sirius XM Radio, Inc., No. 09-CV-10035 HB (S.D.N.Y.). Brookshire Bros. v. Chiquita, No. 05-CV-21962 (S.D. Fla.). Cipro Cases I and II, No. 4154 and No. 4220 (Super. Ct. Cal.). In re Automotive Parts Antitrust Litig., MDL No. 2311 (E.D. Mich.). In re Domestic Airline Travel Antitrust Litig., MDL No. 2656 (N.D. Cal.). In re Dynamic Random Memory (DRAM) Antitrust Litig., MDL No. 1486 (N.D. Cal.). In re Flonase Antitrust Litig., No. 08-CV-3301 (E.D. Pa.). In re LIBOR-Based Financial Instruments Antitrust Litig. (Barclays Bank, Citibank, Deutsche Bank and HSBC settlements), MDL No. 2262 (S.D.N.Y.). In re Metoprolol Succinate End-Payor Antitrust Litig., No. 06-CV-71 (D. De.). In re NYC Bus Tour Antitrust Litig., No. 13-CV-0711 (S.D. N.Y.). In re Online DVD Rental Antitrust Litig., MDL No. 2029 (N.D. Cal.). In re Parking Heaters Antitrust Litigation, No. 1:15-mc-00940 (E.D. N.Y.).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 3 of 17
In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827 (N.D. Cal.). In re Transpacific Passenger Air Trans. Antitrust Litig., MDL No. 1913 (N.D. Cal.). Precision Associates, Inc. v. Panalpina World Transport, No. 08-CV-00042 (E.D. N.Y.). Roos v. Honeywell Int’l, Inc., No. 04-0436205 (Super. Ct. Cal.). Sweetwater Valley Farm, Inc. v. Dean Foods, No. 07-CV-208 (E.D. Tenn.). The Shane Grp., Inc., v. Blue Cross Blue Shield of Michigan, No. 10-CV-14360 (D. Minn.).
Bankruptcy In re Boy Scouts of America and Delaware BSA, LLC, No. 20-10343 (Bankr. D. Del.). In re Energy Future Holdings Corp., No. 14-10979 (Bankr. D. Del.) (asbestos). In re Garlock Sealing Technologies LLC, No. 10-31607 (Bankr. W.D.N.C.) (asbestos). In re PG&E Corp. & Pacific Gas & Electric Co., No. 19-30088 (Bankr. N.D.Cal.) (Supplemental Notice Program to fire claimants). In re SCBA Liquidation, Inc., f/k/a Second Chance Body Armor, Inc., No. 04-12515 (Bankr. W.D. Mich.) (class action within a bankruptcy/defective product). In re Think Finance, LLC, No. 17-33964 (Bankr. N.D. Tex.) (payday loan borrowers). In re W.R. Grace & Co., No. 01-01139 (Bankr. D. Del.) (asbestos).
Consumer and Personal Injury/Product Liability Abbott v. Lennox Industries, Inc., No. 16-2011-CA-010656 (4th Jud. Cir. Ct., Dade Cty. Fla) (defective product). Anderson v. Trans Union, LLC, No. 16-CV-00558 (E.D. Va.) and Clark v. Trans Union, LLC, No. 15- CV-00391 (E.D. Va.) (consumer finance). Beringer v. Certegy Check Servs., Inc., No. 07-CV-1434 (M.D. Fla.) (data breach). Chaudhri v. Osram Sylvania, Inc., No. 11-CV-05504 (D.N.J.) (false advertising). Clark v. Experian Info. Sols., Inc., No. 3:16-cv-00032 (E.D. Va.) and Brown v. Experian Info. Sols., Inc., No. 3:16-cv-00670 (E.D. Va.) (consumer finance). CSS, Inc. v. FiberNet, L.L.C., No. 07-C-401 (Cir. Ct. W. Va.) (telecommunications). Donovan v. Philip Morris USA, Inc., No. 06-CV-12234 (D. Mass.) (tobacco). FIA Card Servs., N.A. v. Camastro, No. 09-C-233 (Cir. Ct. W.Va.) (credit card arbitration).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 4 of 17
George v. Uponor Corp., No. 12-CV-249 (D. Minn.) (defective product). Glazer v. Whirlpool Corp., No. 08-CV-65001 (N.D. Ohio) (defective product). Grays Harbor v. Carrier Corp., No. 05-CV-21962 (W.D. Wash.) (defective product). In re Building Materials Corp. of America Asphalt Roofing Shingle Prods. Liab. Litig., No. 11-CV- 02000 (D.S.C.) (defective product). In re Checking Account Overdraft Litig., MDL No. 2036 (S.D. Fla.) (JP Morgan, U.S. Bank, BOA settlements; overdraft fees). In re Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La.). In re Enfamil LIPIL Mktg. & Sales Practs. Litig., MDL No. 2222 (S.D. Fla.) (false advertising). In re M3Power Razor System Mktg. & Sales Practs. Litig., MDL No. 1704 (D. Mass.) (false advertising). In re National Football League Players’ Concussion Injury Litig., MDL No. 2323 (E.D. Pa.) In re Netflix Privacy Litig., No. 11-CV-00379 (N.D. Cal.) (privacy). In re Pharm. Industry Average Wholesale Price Litig., MDL No. 1456 (D. Mass.) (pharmaceutical). In re Sony Gaming Networks & Customer Data Security Breach Litig., MDL No. 2258 (S.D. Cal.) (data breach). In re Target Corp. Customer Data Security Breach Litig., MDL No. 2522 (D. Minn.) (data breach). In re Toyota Motor Corp. Unintended Acceleration Mktg, Sales Practs., & Prods. Litig., No. 10-ml-2151 (C.D. Cal.) (unintended acceleration). In re Volkswagen “Clean Diesel” Marketing, Sales Practs., and Prods. Liability Litig., MDL No. 2672 (N.D. Cal.) (false advertising). In re Vioxx Prods. Liab. Litig., MDL No. 1657 (E.D. La) (pharmaceutical). In re Wachovia Corp. “Pick-a-Payment” Mortgage Mktg & Sales Practs. Litig., MDL No. 2015 (N.D. Cal.) (negative amortization). In re Wirsbo Non-F1807 Yellow Brass Fittings, No. 08-CV-1223 (D. Nev.) (defective product). Jabbari v. Wells Fargo, No. 15-CV-02159 (N.D. Cal.) (unauthorized accounts). Keilholtz v. Lennox Hearth Prods., No. 08-CV-00836 (N.D. Cal.) (defective product). Kramer v. B2Mobile, LLC, No. 10-CV-02722 (N.D. Cal.) (TCPA). Lee v. Carter Reed Co., L.L.C., No. UNN-L-39690-04 (N.J. Super. Ct.) (false advertising). Mirakay v. Dakota Growers Pasta Co., Inc., No. 13-CV-4229 (D.N.J.) (false advertising).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 5 of 17
Palace v. DaimlerChrysler, No. 01-CH-13168 (Cir. Ct. Ill.) (defective product). Pauley v. Hertz Global Holdings, Inc., No. 13-C-236 (Cir. Ct. W.Va.) (administrative fees). Rowe v. UniCare Life & Health Ins. Co., No. 09-CV-02286 (N.D. Ill.) (data breach). Spillman v. Domino’s Pizza, No. 10-CV-349 (M.D. La.) (robo-call). Thomas v. Equifax Information Services, LLC, No. 3:18-cv-00684 (E.D. Va.) (consumer finance). Trammell v. Barbara’s Bakery, Inc., No. 12-CV-02664 (N.D. Cal.) (false advertising). United Desert Charities v. Sloan Valve Company, No. 12-CV-06878 (C.D. Cal.) (defective product). Wolph v. Acer America Corp., No. 09-CV-01314 (N.D. Cal.) (false advertising).
Environmental/Property Allen v. Monsanto Co., No. 041465 and Carter v. Monsanto Co., No. 00-C-300 (Cir. Ct. W. Va.) (dioxin release). Andrews et al. v. Plains All American Pipeline, L.P., No. 15-CV-04113 (C.D. Cal.) (Santa Barbara Oil Spill). Angel v. U.S. Tire Recovery, No. 06-C-855 (Cir. Ct. W.Va.) (tire fire). Cather v. Seneca-Upshur Petroleum Inc., No. 09-CV-00139 (N.D. W.Va.) (oil & gas rights). Ed Broome, Inc. v. XTO Energy, Inc., No. 09-CV-147 (N.D. W.Va.) (oil & gas rights). Good v. West Virginia American Water Co., No. 14-CV-1374 (S.D.W. Va.) (water contamination). In re Katrina Canal Breaches Litig., No. 05-CV-4182 (E.D. La.) (Hurricanes Katrina and Rita). In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL No. 2179 (E.D. La.) (BP, Halliburton and Transocean settlements). Jones v. Dominion Transmission Inc., No. 06-CV-00671 (S.D. W.Va.) (oil & gas rights). Thomas v. A. Wilbert & Sons, LLC, No. 55,127 (18th Jud. Dist. Ct., Iberville Parish) (vinyl chloride water contamination).
Government Cobell v. Salazar, No. 96-CV-01285 (D.C.), Depts. of Interior and Treasury. Countrywide Mortgage Settlement, Department of Justice. Iovate Settlement, Federal Trade Commission.
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 6 of 17
LeanSpa Settlement, Federal Trade Commission. National Mortgage Settlement, Attorneys General. Vaginal Mesh Settlement, Washington Attorneys General. Walgreens Settlement, Federal Trade Commission.
Insurance Beasley v. Hartford Ins. Co. of the Midwest, No. CV-2005-58-1 (Cir. Ct. Ark.) (homeowners insurance). Bond v. Am. Family Ins. Co., No. 06-CV-01249 (D. Ariz) (property insurance). Burgess v. Farmers Ins. Co., No. 2001-CV-292 (Dist. Ct. Okla.) (homeowners insurance). Cole’s Wexford Hotel, Inc. v. UPMC, No. 10-CV-01609 (W.D. Pa.) (health insurance). Campbell v. First Am. Title Ins. Co., No. 08-CV-311(D. Me.) (title insurance). DesPortes v. ERJ Ins. Co., No. SU2004-CV-3564 (Ga. Super. Ct.) (credit premium insurance). Fogel v. Farmers Grp., Inc., No. BC300142 (Super. Ct. Cal.) (management exchange fees). Guidry v. Am. Public Life Ins. Co., No. 2008-3465 (14th Jud. Dist. Ct.) (cancer insurance). Gunderson v. F.A. Richard & Assocs., Inc., No. 2004-2417-D. (14th Jud. D. Ct. La.) (PPO). Johnson v. Progressive Casualty Ins., Co., No. CV-2003-513 (Cir. Ct. Ark.) (automobile insurance). McFadden v. Progressive Preferred, No. 09-CV-002886 (Ct. C.P. Ohio) (UM/UIM). Orrill v. Louisiana Citizens Fair Plan, No. 05-11720 (Civ. Dist. Ct., Orleans Parish) (Hurricane Katrina property insurance). Press v. Louisiana Citizens Fair Plan Prop. Ins. Co., No. 06-5530 (Civ. Dist. Ct., Orleans Parish) (Hurricane Katrina property insurance). Purdy v. MGA Ins. Co., No. D412-CV-2012-298 (4th Jud. Ct. N. Mex.) (UM/UIM). Shaffer v. Continental Casualty Co., No. 06-CV-2235 (C.D. Cal.) (long term care insurance). Sherrill v. Progressive Northwestern Ins. Co., No. DV-03-220 (18th D. Ct. Mont.) (automotive premiums). Soto v. Progressive Mountain Ins. Co., No. 2002-CV-47 (Dist. Ct. Mont.) (personal injury insurance). Webb v. Liberty Mutual Ins. Co., No. CV-2007-418-3 (Cir. Ct. Ark) (bodily injury claims).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 7 of 17
Securities In re Municipal Derivatives Antitrust Litig., MDL No. 1950 (S.D.N.Y.). In re Mutual Funds Inv. Litig., MDL No. 1586 (D. Md.) (Allianz Sub-Track).
Canada Bechard v. Province of Ontario, No. CV-10-417343 (Ont. S.C.J.) (personal injury). Clarke v. Province of Ontario, No. CV-10-411911 (Ont. S.C.J.) (personal injury). Dolmage v. Province of Ontario, No. CV-09-376927CP00 (Ont. S.C.J.) (personal injury). Donnelly v. United Technologies Corp., No. 06-CV-320045 CP (Ont. S.C.J.) (defective product). Hall v. Gillette Canada Co., No. 47521CP (Ont. S.C.J.) (false advertising). Wener v. United Technologies Corp., 2008 QCCS 6605 (Québec) (defective product).
Articles and Presentations
Shannon Wheatman, Speaker, Researching the Past and Predicting the Future, Consumers and Class Action Notices: Federal Trade Commission Workshop, Washington, DC (Oct. 2019).
Shannon Wheatman, Speaker, Looking Ahead – Challenges and Opportunities For Increasing Consumer Recovery Rates, Consumers and Class Action Notices: Federal Trade Commission Workshop, Washington, DC (Oct. 2019).
Shannon Wheatman, Speaker, How to Get Your Notice Actually Noticed: Claims Stimulation 3.0, Women Antitrust Plaintiffs’ Attorneys, Napa, CA (June 2018).
Shannon Wheatman & Katherine Kinsella, The Plain Language Toolkit for Class Action Notice, in A PRACTITIONER’S GUIDE TO CLASS ACTIONS, 2ND ED. 701 - 710 (Marcy Greer ed., 2017).
Katherine Kinsella & Shannon Wheatman, Quantifying Notice Results in Class Actions, in A PRACTITIONER’S GUIDE TO CLASS ACTIONS, 2ND ED. 693 - 700 (Marcy Greer ed., 2017).
Maureen Gorman & Shannon Wheatman, Reality Check: The State of Media and Its Usage in Class Notice, in A PRACTITIONER’S GUIDE TO CLASS ACTIONS, 2ND ED. 711-722 (Marcy Greer ed., 2017).
Joshua P. Davis, Shannon Wheatman, & Cristen Stephansky, Writing Better Jury Instructions: Antitrust As An Example, 119 W. VA. L. REV. 235 (Fall 2016).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 8 of 17
Shannon Wheatman, Webinar Speaker, Balancing Due Process and Claims: A Conversation on Strategies to Safeguard Your Settlement, American Association for Justice (Sept. 2016).
Shannon Wheatman & Alicia Gehring, Mixed Media: A Smarter Approach To Class Action Notice, Law360.com (June 11, 2015).
Shannon Wheatman, Speaker, Balancing Due Process and Claims: A Conversation on Strategies to Safeguard Your Settlement, Plaintiffs’ Forum, Rancho Palos Verdes, CA (Apr. 2015).
Joshua Davis, Shannon Wheatman & Cristen Stephansky, Writing Better Jury Instructions: Antitrust as an Example, Paper presented at 15th Annual Loyola Antitrust Colloquium, Chicago, IL (Apr. 2015).
Shannon R. Wheatman, Speaker, Can Competition Concepts be Made Comprehensible to Juries (and Judges), American Antitrust Institute’s Business Behavior & Competition Policy in the Courtroom: Current Challenges for Judges, Stanford, CA (Aug. 2014).
Shannon R. Wheatman, Webinar Speaker, Crafting Class Settlement Notice Programs: Due Process, Reach, Claims Rates, and More, Strafford Publications (Feb. 2014).
Shannon R. Wheatman, Cutting Through the Clutter: Eight Tips for Creatively Engaging Class Members and Increasing Response, CLASS ACTION LITIGATION REPORT, 15 CLASS 88 (Jan. 24, 2014).
Shannon Wheatman & Michelle Ghiselli, Privacy Policies: How To Communicate Effectively with Consumers, International Association of Privacy Professionals (2014).
Shannon R. Wheatman, Speaker, Report on Model Jury Instructions in Civil Antitrust Cases, Presentation, American Antitrust Institute’s 7th Annual Private Antitrust Enforcement Conference, Washington, DC (Dec. 2013).
Shannon R. Wheatman, Speaker, Class Action Notice, Reach & Administration, CLE International’s 9th Annual Class Action Conference, Washington, DC (Oct. 2013).
Shannon R. Wheatman, Ensuring Procedural Fairness Through Effective Notice, in NATIONAL CONFERENCE ON CLASS ACTIONS: RECENT DEVELOPMENTS IN QUÉBEC, IN CANADA AND IN THE UNITED STATES 83-99 (Yvon Blais ed., 2013).
Shannon R. Wheatman, Speaker, Class Action Developments and Settlements, 18th Annual Consumer Financial Services Institute, New York, New York (Apr. 2013).
Shannon R. Wheatman, Speaker, Recent Trends in Class Actions in the United States, National
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 9 of 17
Conference on Class Actions: Recent Developments in Québec, in Canada and in the United States, Montreal, Canada (Mar. 2013).
Shannon R. Wheatman, Speaker, Report on Model Jury Instructions in Civil Antitrust Cases, Presentation, American Antitrust Institute’s 6th Annual Private Antitrust Enforcement Conference, Washington, DC (Dec. 2012).
Shannon R. Wheatman & Katherine M. Kinsella, International Class Action Notice, in WORLD CLASS ACTION: A GUIDE TO GROUP AND REPRESENTATIVE ACTIONS AROUND THE GLOBE 673-686 (Paul Karlsgodt ed., 2012).
Katherine Kinsella & Shannon Wheatman, Class Notice and Claims Administration, in PRIVATE ENFORCEMENT OF ANTITRUST LAW IN THE UNITED STATES: A HANDBOOK 338–348 (Albert A. Foer & Randy M. Stutz eds., 2012).
Shannon R. Wheatman, Webinar Speaker, Class Action Notice Requirements: Challenges for Plaintiffs and Defendants, Strafford Publications (July 2012).
Shannon R. Wheatman, Webinar Speaker, How to Craft Plain Language Privacy Notices, Int’l Assoc. of Privacy Professionals (Oct. 2011).
Shannon R. Wheatman, Speaker, Improving Take-Up Rates in Class Actions, The Canadian Institute’s 12th Annual National Forum on Class Actions, Ontario, Canada (Sept. 2011).
Shannon R. Wheatman & Terri R. LeClercq, Majority of Publication Class Action Notices Fail to Satisfy Rule 23 Requirements, 30 REV. LITIG. 53 (2011).
Shannon R. Wheatman & Terri R. LeClercq, Majority of Publication Class Action Notices Fail to Satisfy Rule 23 Requirements, CLASS ACTION LITIGATION REPORT, 12 CLASS 560, (June 24, 2011).
Katherine Kinsella & Shannon Wheatman, Class Notice and Claims Administration, in THE INTERNATIONAL PRIVATE ENFORCEMENT OF COMPETITION LAW 264–274 (Albert A. Foer & Jonathan W. Cuneo eds., 2010).
Shannon R. Wheatman, Speaker, Majority of Publication Class Action Notices Fail to Satisfy Plain Language Requirements, Clarity International Conference, Lisbon, Portugal (Oct. 2010).
Shannon R. Wheatman, Webinar Speaker, Class Action Notification with Electronic Media: Emerging Legal Issues, Stratford Publications (Sept. 2010).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 10 of 17
Shannon R. Wheatman & Thomas E. Willging, Does Attorney Choice of Forum in Class Action Litigation Really Make a Difference? 17 CLASS ACTIONS & DERIVATIVES SUITS 1 (2007).
Todd B. Hilsee, Gina M. Intrepido & Shannon R. Wheatman, Hurricanes, Mobility and Due Process: The “Desire-to-Inform” Requirement for Effective Class Action Notice Is Highlighted by Katrina, 80 TULANE L. REV. 1771 (2006).
Thomas E. Willging & Shannon R. Wheatman, Attorney Choice of Forum in Class Action Litigation: What Difference Does it Make? NOTRE DAME L. REV., 81 (2), 101, 161 (2006).
Todd B. Hilsee, Shannon R. Wheatman & Gina M. Intrepido, Do you really want me to know my rights? The ethics behind due process in class action notice is more than just plain language: A desire to actually inform. GEO. J. LEGAL ETHICS, 18 (4), 1359-1382 (2005).
Thomas E. Willging & Shannon R. Wheatman, An Empirical Examination of Attorneys’ Choice of Forum in Class Action Litigation. FEDERAL JUDICIAL CENTER (2005).
Elizabeth C. Wiggins & Shannon R. Wheatman, So what’s a concerned psychologist to do? Translating the research on interrogations, confessions, and entrapment into policy, in INTERROGATIONS, CONFESSIONS AND ENTRAPMENT 265–280 (G. Daniel Lassiter ed., 2004).
Thomas E. Willging & Shannon R. Wheatman, Attorneys’ Experiences and Perceptions of Class Action Litigation in Federal and State Courts. A Report to the Advisory Committee on Civil Rules Regarding a Case Based Survey. FEDERAL JUDICIAL CENTER (2003).
Shannon R. Wheatman, Survey of Bankruptcy Judges on Effectiveness of Case-Weights. FEDERAL JUDICIAL CENTER (2003).
Elizabeth C. Wiggins & Shannon R. Wheatman, Judicial Evaluation of Bankruptcy Judges. FEDERAL JUDICIAL CENTER (2003).
Robert Niemic, Thomas Willging, & Shannon Wheatman, Effects of Amchem/Ortiz on Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules. FEDERAL JUDICIAL CENTER (2002).
Shannon Wheatman, Robert Niemic & Thomas Willging, Report to the Advisory Committee on Civil Rules: Class Action Notices. FEDERAL JUDICIAL CENTER (2002).
Elizabeth C. Wiggins & Shannon R. Wheatman, Implementation of Selected Amendments to Federal Rule of Civil Procedure 26 by United States Bankruptcy Courts. FEDERAL JUDICIAL CENTER (2001).
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 11 of 17
Shannon R. Wheatman & David R. Shaffer, On finding for defendants who plead insanity: The crucial impact of dispositional instructions and opportunity to deliberate. LAW & HUM. BEH., 25(2), 165, 181 (2001).
Shannon R. Wheatman, Distance Learning in the Courts. FEDERAL JUDICIAL CENTER (2000).
David R. Shaffer & Shannon R. Wheatman, Does personality influence the effectiveness of judicial instructions? PSYCHOL. PUB. POL’Y & L., 6, 655, 676 (2000).
Court Testimony
In re: Chinese-Manufactured Drywall Products Liability Litig., MDL No. 2047 (E.D. La.). In re: Think Finance, LLC, No. 17-33964 (Bankr. N.D. Tex.). In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Prods. Liability Litig., MDL No. 2672 (N.D. Cal.). State v. Farmer Group Inc., No. D-1-GV-02-002501(D. Ct. Tex., Travis County). Scharfstein v. BP West Coast Prods., LLC, No. 1112-17046 (Cir. Ct. Ore.). Spillman v. Domino’s Pizza, No. 10-CV-349 (M.D. La.). PRC Holdings LLC v. East Resources, Inc., No. 06-C-81 (Cir. Ct. W. Va.). Guidry v. Am. Public Life Ins. Co., No. 2008-3465 (14th Jud. Dist. Ct., Calcasieu Parish). Webb v. Liberty Mutual Ins. Co., No. CV-2007-418-3 (Cir. Ct. Ark). Beasley v. The Reliable Life Ins. Co., No. CV-2005-58-1 (Cir. Ct. Ark).
Depositions
In re: Think Finance, LLC, No. 17-33964 (Bankr. N.D. Tex.). Hale v. CNX Gas Co., LLC, No. 10-CV-59 (W.D. Va.). Thomas v. A. Wilbert Sons, LLC, No. 55,127 (18th Jud. Dist. Ct., Iberville Parish).
Judicial Comments
Ferrell v. U-Haul, No. 11-C-1427 (Cir. Ct. W. Va.) In overruling objections to the notice program, the Court found that “Dr. Wheatman is one of the foremost experts on class notice and has been qualified as a class notice expert in both the courts of this
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 12 of 17
state (including this Court) and nationwide.” - Hon. Joanna I. Tabit (2018)
Jabbari v. Wells Fargo, No. 15-CV-02159 (N.D. Cal.) “In addition to that robust direct mail and email notice program, the Settlement provided an extensive media and advertising component. See Wheatman Decl. (ECF 183). That included printing a color publication notice in national news outlets and Spanish-language outlets. Id. ¶¶ 17-19. “Banner ads” were also placed on websites, using targeted ad campaigns. Id. ¶ 23. Supplementing all of these efforts was a media outreach program designed to drive awareness of the Settlement and point Settlement Class Members to the Settlement Website, www.WFSettlement.com, which provided notice, frequently asked questions, and key court documents. Id. ¶¶ 28-33 . . . In short, the parties and their Court-appointed experts used every reasonable tool to create and implement and [sic] wide-ranging program to provide the best notice practicable to potential Settlement Class Members . . . Because the Court finds that the Notice complied with due process and the requirements of Rule 23, it overrules objections to the Notice.” - Hon. Vince Chhabria (2018)
Good v. West Virginia American Water Co., No. 14-CV-1374 (S.D.W. Va.) “The Notice transmitted to the Settlement Class met the requirements of Fed. R. Civ. P. 23(c), constituted the best notice practicable under the circumstances, and satisfied the Constitutional due process requirements of notice with respect to all Settlement Class Members, . . . The Notice Program was executed by qualified and experienced Notice Administrators . . .” - Hon. John T. Copenhaver, Jr. (2018)
In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL No. 2179 (E.D. La.) (Haliburton and Transocean settlements) “The Class Notices were ‘noticeable, clear, concise, substantive, and informative.’ Wheatman Decl. ¶ 4(b).14 The notice distribution method satisfied Rule 23(c)(2), as it was the ‘best notice that is practicable under the circumstances.’ Fed. R. Civ. P. 23(c)(2); see Wheatman Decl. ¶ 5. The notice contents satisfied Rule 23(c)(2)(B)(i)–(vii) . . . ” - Hon. Carl J. Barbier (2017)
In re Automotive Parts Antitrust Litig., MDL No. 2311 (E.D. Mich.) “EPPs, through EPPs’ class action notice expert consultant, Kinsella Media, LLC (“Kinsella”), implemented a class-notice program utilizing paid and earned media. See, e.g., Declaration of Shannon R. Wheatman, Ph.D. . . . Notice was published in Field & Stream, ESPN The Magazine, People, Reader’s Digest, Southern Living, Woman’s Day, The Wall Street Journal, Auto Rental News, Automotive Fleet, Reuters, NBC Money, Consumer Reports, and Automotive Weekly, and online media efforts through banner advertisements on outlets like Facebook and Yahoo!. The banner advertisements . . . have been seen a total estimated 354,593,140 times. The earned media component of this notice program included a multimedia news release distributed on PR Newswire’s US1 National Circuit on November 29, 2016.
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 13 of 17
Id. [T]he release was republished across 171 news websites and received over 11,415 views. Id. A total of 248 journalists engaged with the multimedia news release, and major national outlets that covered the Settlements, include: Reuters, Associated Press, Boston Globe, Chicago Tribune, The Today Show, NBC Money, Consumer Reports, and Automotive Weekly. Other earned media efforts . . . included statewide press releases in the EPP States as well as outreach to 275 national and local reporters for print and television.” - Hon. Marianne O. Battani (2017)
In re Volkswagen “Clean Diesel” Marketing, Sales Practs., and Prods. Liability Litig., MDL No. 2672 (N.D. Cal.) “The Notice Program included 811,944 mailings, 453,797 emails, 125 newspaper insertions and targeted online advertising. The Court is satisfied that the extensive Notice Program was reasonably calculated to notify Class Members of the proposed Settlement. The Notice ‘apprise[d] interested parties of the pendency of the action and afford them an opportunity to present their objections.’ Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Indeed, the Notice Administrator reports the Notice Program reached more than 90% of potential Class Members.” - Hon. Charles R. Breyer (2016)
In re Transpacific Passenger Air Trans. Antitrust Litig., MDL No. 1913 (N.D. Cal.) In overruling an objection that direct notice should have been done, the Court found “[T]he notice program, which the Court already approved, reached 80.3% of the potential class members in the United States an average of 2.6 times and “at least 70%” of members of the Settlement Classes living in Japan. See Mot. for Final Approval at 4; Wheatman Decl. ¶¶ 8, 18. The notice also included paid media in 13 other countries. Id.; ¶ 25. There were 700,961 unique visits to the website, toll-free numbers in 15 countries received over 2,693 calls, and 1,015 packages were mailed to potential class members. Id. ¶¶ 6, 9, 10. It was therefore adequate.” - Hon. Charles R. Breyer (2015)
In re Target Corp. Customer Data Security Breach Litig., MDL No. 2522 (D. Minn) “The parties accomplished notice here through direct notice, paid and earned media, and an informational website . . . [T]he notice program reached 83% of potential class members. The notice here comports with Rule 23(e) . . . Class notice reached more than 80 million people, with direct notice sent to 61 million consumers . . . [The] infinitesimally small amount of opposition weighs in favor of approving the settlement.” - Hon. Paul A. Magnuson (2015)
The Shane Grp., Inc., v. Blue Cross Blue Shield of Michigan, No. 10-CV-14360 (D. Minn.) “The notice to Settlement Class Members consisted of postcard notices to millions of potential class members, as well as advertisements in newspapers and newspaper supplements, in People magazine, and on the Internet . . . The Court finds that this notice . . . was reasonable and constituted due, adequate, and sufficient notice to all persons entitled to be provided with notice; and . . . fully complied with due process principles and Federal Rule of Civil Procedure 23.” - Hon. Denise Page Hood (2015)
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 14 of 17
Mirakay v. Dakota Growers Pasta Co., Inc., No. 13-CV-4229 (D. N.J.) “Having heard the objections made, the Court is unimpressed with the Objectors argument that there was somehow insufficient notice . . . This notice program has fully informed members of their rights and benefits under the settlement, and all required information has been fully and clearly presented to class members. Accordingly, this widespread and comprehensive campaign provides sufficient notice under the circumstances, satisfying both due process and Rule 23 and the settlement is therefore approved by this Court.” - Hon. Joel A. Pisano (2014)
Spillman v. Dominos Pizza, LLC., No. 10-CV-349 (M.D. La.) “At the fairness hearing notice expert Wheatman gave extensive testimony about the design and drafting of the notice plan and its implementation, the primary goal of which was to satisfy due process under the applicable legal standards . . . Wheatman, who has extensive experience developing plain-language jury instructions, class action notices and rules of procedure, testified that the notice was composed at a ninth grade reading level because many adults read below a high school level.” - Hon. Stephen C. Riedlinger (2013)
Kramer v. B2Mobile, LLC, No. 10-CV-02722 (N.D. Cal.) “The Court approved Notice Plan to the Settlement Classes . . . was the best notice practicable under the circumstances, including comprehensive nationwide newspaper and magazine publication, website publication, and extensive online advertising. The Notice Plan has been successfully implemented and satisfies the requirements of Federal Rule of Civil Procedure 23 and Due Process.” - Hon. Claudia A. Wilken (2012)
Cather v. Seneca-Upshur Petroleum, Inc., No. 09-CV-00139 (N.D. W. Va.) “The Court finds that Class Members have been accorded the best notice as is practical under the circumstances, and have had the opportunity to receive and/or access information relating to this Settlement by reading the comprehensive written notice mailed to them . . . or by reading the published Notice in the local newspapers . . . The Court further finds that the Notice provided to the members of the Settlement Class had been effective and has afforded such class members a reasonable opportunity to be heard at the Final Fairness Hearing and to opt-out of the subject settlement should anyone so desire.” - Hon. Irene M. Keeley (2012)
In re Checking Account Overdraft Fee Litig., MDL No. 2036 (S.D. Fla.) (JP Morgan Settlement) “The Court finds that the Settlement Class Members were provided with the best practicable notice; the notice was “reasonably calculated, under [the] circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Shutts, 472 U.S. at 812 (quoting Mullane, 339 U.S. at 314-15). This Settlement with Chase was widely publicized, and any Settlement Class Member who wished to express comments or objections had ample opportunity and
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 15 of 17
means to do so.” - Hon. James Lawrence King (2012)
Purdy v. MGA Ins. Co., No. D412-CV-2012-298 (N.M. 4th Jud. Dist. Ct.) “Notice of the Settlement Class was constitutionally adequate, both in terms of it substance and the manner in which it was disseminated. The Notice contained the essential elements necessary to satisfy due process . . . [T]he Notice also contained a clear and concise Claim Form, and a described a clear deadline and procedure for filing of Claims. Notice was directly mailed to all Class Members whose current whereabouts could be identified by reasonable effort. Notice reached a large majority of the Class Members. The Court finds that such notice constitutes the best notice practicable.” - Hon. Eugenio Mathis (2012)
Soto v. Progressive Mountain Ins. Co., No. 2002-CV-47 (Dist. Ct. Colo.) “Notice of the Settlement Class was constitutionally adequate, both in terms of its substance and the manner in which it was disseminated. The Notice contained the essential elements necessary to satisfy due process . . . Finally, the Notice also contained a clear and concise Claim Form, and described a clear deadline and procedure for filing of claims . . . Notice reached a large majority of the Class Members. The Court finds that such notice constitutes the best notice practicable.” - Hon. J. Steven Patrick (2010)
In re Katrina Canal Breaches, No. 05-CV-4182 (E.D. La.) “The notice here was crafted by Shannon Wheatman, Ph.D., whose affidavit was received as evidence . . . The entire notice was drafted in plain, comprehensible language . . . The Court finds this notice adequately reached the potential class.” - Hon. Stanwood R. DuVal, Jr. (2009)
Jones v. Dominion Transmission Inc., No. 06-CV-00671 (S.D. W. Va.) “The Parties’ notice expert Shannon R. Wheatman, Ph.D. . . . testified that in this case . . . that the mailed notices reached approximately 95.4 percent of the potential class . . . I HOLD that personal jurisdiction exists over the Class Members because notice was reasonable and afforded the Settlement Class an opportunity to be heard and to opt out.” - Hon. Joseph R. Goodwin (2009)
Guidry v. Am. Public Life Ins. Co., No. 2008-3465 (14th Jud. Dist. Ct.) “The facts show that the notice plan . . . as adequate to design and implementation . . . Dr. Shannon R. Wheatman, a notice expert, also testified at the fairness hearing as to the sufficiency of the notice plan. Dr. Wheatman testified that the notice form, content, and dissemination was adequate and reasonable, and was the best notice practicable.” - Hon. G. Michael Canaday (2008)
Webb v. Liberty Mutual Ins. Co., (March 3, 2008) No. CV-2007-418-3 (Cir. Ct. Ark) “Ms. Wheatman’s presentation today was very concise and straight to the point . . . that’s the way the notices were . . . So, I appreciate that . . . Having admitted and reviewed the Affidavit of Shannon
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 16 of 17
Wheatman and her testimony concerning the success of the notice campaign, including the fact that written notice reached 92.5% of the potential Class members, the Court finds that it is unnecessary to afford a new opportunity to request exclusion to individual Class members who had an earlier opportunity to request exclusion but failed to do so . . . The Court finds that there was minimal opposition to the settlement. After undertaking an extensive notice campaign to Class members of approximately 10,707 persons, mailed notice reached 92.5% of potential Class members.” - Hon. Kirk D. Johnson (2008)
Sherrill v. Progressive Northwestern Ins. Co., No. DV-03-220 (18th D. Ct. Mont.) “Dr. Wheatman’s affidavit was very informative, and very educational, and very complete and thorough about the process that was undertaken here . . . So I have reviewed all of these documents and the affidavit of Dr. Wheatman and based upon the information that is provided . . . and the significant number of persons who are contacted here, 90 percent, the Court will issue the order.” - Hon. Mike Salvagni (2008)
Beasley v. The Reliable Life Ins. Co., No. CV-2005-58-1 (Cir. Ct. Ark) “[T]he Court has, pursuant to the testimony regarding the notification requirements, that were specified and adopted by this Court, has been satisfied and that they meet the requirements of due process. They are fair, reasonable, and adequate. I think the method of notification certainly meets the requirements of due process . . . So the Court finds that the notification that was used for making the potential class members aware of this litigation and the method of filing their claims, if they chose to do so, all those are clear and concise and meet the plain language requirements and those are completely satisfied as far as this Court is concerned in this matter.” - Hon. Joe Griffin (2007)
Education and Experience Education Ph.D., Social Psychology, 2001; The University of Georgia, Athens, GA Dissertation Title: The effects of plain language drafting on layperson’s comprehension of class action notices.
M.S., Social Psychology, 1999; The University of Georgia, Athens, GA Thesis Title: Effects of verdict choice, dispositional instructions, opportunity to deliberate, and locus of control on juror decisions in an insanity case.
M.L.S., Legal Studies, 1996; The University of Nebraska-Lincoln, Lincoln, NE
B.A., Psychology, 1993; Millersville University of Pennsylvania, Millersville, PA
Case 20-10343-LSS Doc 556-1 Filed 05/04/20 Page 17 of 17
Honor’s Thesis Title: The effects of inadmissible evidence and judicial admonishment in individual versus group decisions in a mock jury simulation.
Related Experience Hilsoft Notifications Souderton, PA 2004-2009
Dr. Wheatman was the Vice President (2006-2009) and Notice Director (2004-2009) at Hilsoft Notifications, a legal notification firm.
Federal Judicial Center Washington, DC 2000-2004
Dr. Wheatman was a Research Associate at the Federal Judicial Center. The Federal Judicial Center is the education and research agency for the Federal Courts. The Research Division performs empirical and explanatory research on federal judicial processes and court management. Dr. Wheatman worked with the Civil Rules Advisory Committee on a number of class action studies and with the Bankruptcy Administration Committee on judicial evaluations.
Supplementary Background Dr. Wheatman has a strong statistical background, having completed nine graduate level courses as well as teaching undergraduate statistics at the University of Georgia.
Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 1 of 11
Exhibit 2
List of Network Properties and Websites
Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 2 of 11 CONVERSANT Sample Site List
Site Name Category esquire.com Arts & Entertainment etonline.com Arts & Entertainment evite.com Arts & Entertainment extratv.com Arts & Entertainment factinate.com Arts & Entertainment harpersbazaar.com Arts & Entertainment hollywoodreporter.com Arts & Entertainment ktla.com Arts & Entertainment mobafire.com Arts & Entertainment oprah.com Arts & Entertainment pastemagazine.com Arts & Entertainment people.com Arts & Entertainment scarymommy.com Arts & Entertainment tvguide.com Arts & Entertainment vh1.com Arts & Entertainment whatculture.com Arts & Entertainment zoosk.com Arts & Entertainment aarp.org Family & Living apartmenttherapy.com Family & Living dltk-kids.com Family & Living familycircle.com Family & Living genealogy.com Family & Living kidsactivitiesblog.com Family & Living marthastewart.com Family & Living merchantcircle.com Family & Living nextdaypets.com Family & Living parenting.com Family & Living redbookmag.com Family & Living drugs.com Health & Fitness healthstatus.com Health & Fitness livestrong.com Health & Fitness mapmyfitness.com Health & Fitness myfitnesspal.com Health & Fitness petmd.com Health & Fitness prevention.com Health & Fitness qualityhealth.com Health & Fitness runnersworld.com Health & Fitness totalbeauty.com Health & Fitness webmd.com Health & Fitness cakecentral.com Hobbies & Interests fortnitetracker.com Hobbies & Interests fotor.com Hobbies & Interests history.com Hobbies & Interests lumberjocks.com Hobbies & Interests petapixel.com Hobbies & Interests popularmechanics.com Hobbies & Interests wordplays.com Hobbies & Interests Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 3 of 11 aggieskitchen.com Home & Garden askannamoseley.com Home & Garden bhg.com Home & Garden bobvila.com Home & Garden bunsinmyoven.com Home & Garden chowhound.com Home & Garden constructionequipmentguide.com Home & Garden countryliving.com Home & Garden doityourself.com Home & Garden dreamhomesource.com Home & Garden familyhandyman.com Home & Garden farmersalmanac.com Home & Garden finehomebuilding.com Home & Garden firstforwomen.com Home & Garden goodhousekeeping.com Home & Garden homeandgardendesignideas.com Home & Garden homefacts.com Home & Garden hometalk.com Home & Garden justapinch.com Home & Garden rachaelrayshow.com Home & Garden wayfair.com Home & Garden whatismyipaddress.com Internet nasdaq.com Money & Finance primelocation.com Money & Finance realtytrac.com Money & Finance rentals.com Money & Finance therealdeal.com Money & Finance trulia.com Money & Finance ziprealty.com Money & Finance aetv.com Movies & Television bet.com Movies & Television biography.com Movies & Television bravotv.com Movies & Television imdb.com Movies & Television metacritic.com Movies & Television mtv.com Movies & Television oxygen.com Movies & Television rd.com Movies & Television rottentomatoes.com Movies & Television screenrant.com Movies & Television tv.com Movies & Television univision.com Movies & Television usanetwork.com Movies & Television cmt.com Music & Radio live365.com Music & Radio radio.com Music & Radio slacker.com Music & Radio spotify.com Music & Radio abcnews.go.com News accuweather.com News answers.com News Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 4 of 11 bbc.com News boston.com News bostonherald.com News businessinsider.com News cbslocal.com News chicagotribune.com News cleveland.com News courierpress.com News csmonitor.com News ctpost.com News dailybreeze.com News dailybulletin.com News dailycamera.com News dailypress.com News deseretnews.com News detroitnews.com News dictionary.com News ehow.com News freep.com News guinnessworldrecords.com News heraldtribune.com News independentmail.com News infoplease.com News irishtimes.com News kitsapsun.com News latimes.com News merriam-webster.com News mlive.com News naplesnews.com News nbc4i.com News nbcbayarea.com News newsday.com News newstimes.com News newsweek.com News nj.com News northjersey.com News nwherald.com News nydailynews.com News nypost.com News nytimes.com News omaha.com News orlandosentinel.com News parade.com News pasadenastarnews.com News pcworld.com News philly.com News presstelegram.com News redding.com News reference.com News reporternews.com News sanluisobispo.com News Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 5 of 11 sbsun.com News seattletimes.com News sfgate.com News sigalert.com News startribune.com News syracuse.com News tcpalm.com News thefreedictionary.com News theglobeandmail.com News timesrecordnews.com News usnews.com News vosizneias.com News washingtonpost.com News weather.com News whec.com News wordreference.com News wptv.com News wunderground.com News yellowpages.com News apartmentratings.com Real Estate realtor.com Real Estate livescience.com Science & Nature nationalgeographic.com Science & Nature scientificamerican.com Science & Nature space.com Science & Nature treehugger.com Science & Nature couponmom.com Shopping ebay.com Shopping hotcouponworld.com Shopping kmart.com Shopping kohls.com Shopping newegg.com Shopping smartsource.com Shopping target.com Shopping myjewishlearning.com Society & Culture athletic.net Sports goal.com Sports golf.com Sports milb.com Sports mlb.com Sports mlbtraderumors.com Sports nbcsports.com Sports newarena.com Sports pgatour.com Sports rivals.com Sports rotoworld.com Sports skysports.com Sports surf-report.com Sports teamsnap.com Sports tennis.com Sports trackwrestling.com Sports Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 6 of 11 earthlink.net Technology & Computing gosunoob.com Technology & Computing reviewed.com Technology & Computing bestplaces.net Travel cheapoair.com Travel expedia.com Travel flightaware.com Travel fodors.com Travel mapquest.com Travel onetravel.com Travel timeanddate.com Travel Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 7 of 11
VERIZON MEDIA Sample Site List Domain Category 24hourcampfire.com Active Lifestyle 2coolfishing.com Active Lifestyle 360tuna.com Active Lifestyle 50birds.com Active Lifestyle 5starcampgrounds.com Active Lifestyle active.com Active Lifestyle allcoast.com Active Lifestyle allcoastmedia.com Active Lifestyle aquaexplorers.com Active Lifestyle argusdubateau.fr Active Lifestyle arkansashunting.net Active Lifestyle askbassfishing.com Active Lifestyle askcatfishfishing.com Active Lifestyle askcrappiefishing.com Active Lifestyle asksaltwaterfishing.com Active Lifestyle vagdrivers.net Automotive vast.com Automotive vcars.co.uk Automotive vehix.com Automotive velocityjournal.com Automotive veloster.org Automotive vettehound.com Automotive victoryforums.com Automotive vikingforum.org Automotive vintageoverdrive.com Automotive vintagesleds.com Automotive viperalley.com Automotive visordown.com Automotive vn750.com Automotive volkswagenforum.com Automotive dailyfinance.com Business dailyfx.com Business dailyfx.com Business data.tradingcharts.com Business day-trading-stocks.org Business dealbreaker.com Business debtcollectorreview.com Business decisionplus.com Business dellam.com Business dexknows.com Business dice.com Business lifeslittlemysteries.com Education/Information Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 8 of 11
lightsportaircrafthq.com Education/Information lindaloos.com Education/Information lingq.com Education/Information linguanaut.com Education/Information linguee.com Education/Information literarydevices.net Education/Information literature4kids.com Education/Information literaturepage.com Education/Information littleabout.com Education/Information littleexplorers.com Education/Information livescience.com Education/Information oceanup.com Entertainment octane.tv Entertainment ocweekly.com Entertainment oddquartet.com Entertainment ofuxico.com.br Entertainment ohmymag.com Entertainment ok.co.uk Entertainment ok.co.uk Entertainment okcfox.com Entertainment OkMag.com Entertainment okmagazine.com Entertainment oldschool945.com Entertainment naturalbodybuilder.com Health naturalhealthmag.com Health naturalnews.com Health naturalon.com Health naturalon.com Health naturalremediesforbetterhealth.com Health natural-weight-loss-tip.com Health netdoctor.co.uk Health netfit.co.uk Health netfit.co.uk Health neurosciencenews.com Health normalbreathing.com Health nourishinteractive.com Health nursing-careplans.com Health smartsource.ca Shopping snapsort.com Shopping sneakerbeat.com Shopping sneakerfreaker.com Shopping sneakernews.com Shopping sneakerwatch.com Shopping snowmobiletraderonline.com Shopping softballfans.com Shopping Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 9 of 11
sojones.com Shopping soleredemption.com Shopping southerncalisaver.com Shopping techbuzzblog.com Technology techcareers.com Technology techconsumer.com Technology techcrunch.com Technology techdailynews.net Technology techdirt.com Technology techeblog.com Technology techfresh.net Technology techgadgets.in Technology thomascook.com Travel thomascook.com Travel threebestbeaches.com Travel timeout.com Travel timeout.com/barcelona Travel timeout.com/barcelona Travel timeoutboston.com Travel timeoutchicago.com Travel timeoutchicagokids.com Travel timeoutnewyorkkids.com Travel tincantourists.com Travel yogajournal.com Women youbeauty.com Women youlookfab.com Women yourbridebook.com Women yourfashionlife.org.uk Women yourfashionlife.org.uk Women yourlifeafter25.com Women yourromanceguide.com Women yourtango.com Women yourtrainerpaige.com Women yp.com Women yuni.com Women Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 10 of 11 PULPO Sample Site List
Brand Market Hostname Language Noticias Ya Albuquerque noticiasya.com/nuevo-mexico Spanish Noticias Ya Boston noticiasya.com/nueva-inglaterra Spanish Noticias Ya Corpus Christi noticiasya.com/corpus-christi Spanish Noticias Ya Denver noticiasya.com/colorado Spanish Noticias Ya El Paso noticiasya.com/el-paso Spanish Noticias Ya Hartford noticiasya.com/hartford-springfield Spanish Noticias Ya Kansas noticiasya.com/kansas Spanish Noticias Ya Laredo noticiasya.com/laredo Spanish Noticias Ya Las Vegas noticiasya.com/las-vegas Spanish Noticias Ya Los Angeles noticiasya.com/los-angeles Spanish Noticias Ya Lubbock noticiasya.com/lubbock Spanish Noticias Ya McAllen noticiasya.com/el-valle Spanish Noticias Ya Midland/Odessa noticiasya.com/midland-odessa Spanish Noticias Ya Monterey noticiasya.com/monterey-salinas Spanish Noticias Ya National News noticiasya.com Spanish Noticias Ya Orlando noticiasya.com/orlando Spanish Noticias Ya Palm Springs noticiasya.com/palm-springs Spanish Noticias Ya Reno noticiasya.com/reno Spanish Noticias Ya San Angelo noticiasya.com/san-angelo Spanish Noticias Ya San Diego noticiasya.com/san-diego Spanish Noticias Ya San Diego noticiasya.com/frontera Spanish Noticias Ya Santa Barbara noticiasya.com/costa-central Spanish Noticias Ya Tampa noticiasya.com/tampa Spanish Noticias Ya Washington DC noticiasya.com/washington-dc Spanish Noticias Ya Yuma/El Centro noticiasya.com/el-centro Spanish NBC Palm Springs nbcpalmsprings.com English MyTv San Diego mytv13.com English Fox Laredo mylaredofox.com English Fox McAllen foxrio2.com English Fox Monterey kcba.com English Erazno y La Chokolata National Shows elerazno.com Spanish El Show de Piolin National Shows elshowdepiolin.net Spanish Armida y La Flaka National Shows armidaylaflaka.com Spanish El Genio Lucas National Shows alexelgeniolucas.com Spanish Tricolor Albuquerque radiolatricolor.com/nuevo-mexico Spanish Tricolor Aspen radiolatricolor.com/aspen Spanish Tricolor Denver radiolatricolor.com/denver Spanish Tricolor El Paso radiolatricolor.com/el-paso Spanish Tricolor Las Vegas radiolatricolor.com/las-vegas Spanish Tricolor Los Angeles radiolatricolor.com/los-angeles Spanish Tricolor Lubbock radiolatricolor.com/lubbock Spanish Tricolor McAllen radiolatricolor.com/el-valle Spanish Tricolor Monterey radiolatricolor.com/monterey-salinas Spanish Tricolor Palm Springs radiolatricolor.com/palm-springs Spanish Tricolor Phoenix radiolatricolor.com/phoenix Spanish Tricolor Reno radiolatricolor.com/reno Spanish Tricolor Sacramento radiolatricolor.com/sacramento Spanish Case 20-10343-LSS Doc 556-2 Filed 05/04/20 Page 11 of 11 PULPO Sample Site List
Tricolor Stockton/Modesto radiolatricolor.com/stockton-modesto Spanish Tricolor Yuma/El Centro radiolatricolor.com/el-centro Spanish The Wolf Sacramento 1019thewolf.com English Super Estrella Los Angeles superestrella.com Spanish Salsa Orlando salsa981.com Spanish Rock McAllen q945therock.com English Mix McAllen mix1079.net English La Suavecita Denver radiolasuavecita.com/denver Spanish La Suavecita El Paso radiolasuavecita.com/el-paso Spanish La Suavecita Houston radiolasuavecita.com/houston Spanish La Suavecita Las Vegas radiolasuavecita.com/las-vegas Spanish La Suavecita Los Angeles radiolasuavecita.com/los-angeles Spanish La Suavecita McAllen radiolasuavecita.com/el-valle Spanish La Suavecita Monterey radiolasuavecita.com/monterey-salinas Spanish La Suavecita Palm Springs radiolasuavecita.com/palm-springs Spanish La Suavecita Phoenix radiolasuavecita.com/phoenix Spanish La Suavecita Sacramento radiolasuavecita.com/sacramento Spanish La Suavecita Stockton/Modesto radiolasuavecita.com/stockton-modesto Spanish La Suavecita Yuma/El Centro radiolasuavecita.com/el-centro Spanish Hot Sacramento hot1035.com English Fox El Paso 923thefox.com English ESPN Albuquerque espndeportes1450.com Spanish ESPN El Paso espn1650.com Spanish ESPN Lubbock espn1460am.com Spanish ESPN Phoenix espnradio710am.com Spanish ESPN Stockton/Modesto espn1570.com Spanish Todo Bebe National Sites todobebe.com Spanish Politica Ya National Sites politicaya.com Spanish Cocina National Sites wearecocina.com English FOX foxnewssouthtexas.com Fuego fuegofm.com Other wlqyradio.com El Boton elboton.com Jose josetocamusica.com Other 1031viva.com