Case 2:19-cv-04659-AB-AS Document 48-3 Filed 08/31/20 Page 1 of 50 Page ID #:984 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA TERRY FABRICANT, individually and on behalf of all others similarly situated, No. 2:19-cv-04659-AB-AS Plaintiff, vs. AMERISAVE MORTGAGE CORPORATION Honorable Andre’ Birotte, Jr. Defendants. DECLARATION OF BRADLEY D. MADDEN IN SUPPORT OF FINAL SETTLEMENT APPROVAL I, BRADLEY D. MADDEN, hereby declare as follows: I. INTRODUCTION 1. Personal Information. I am a Project Manager for Postlethwaite & Netterville, APAC (“P&N”). P&N was retained as the Settlement Administrator in this case, and, as the project manager, I am personally familiar with the facts set forth in this declaration. If called as a witness, I could and would competently testify to the matters stated herein. 2. The Capacity and Basis of this Declaration. I am over the age of 21. Except as otherwise noted, the matters set forth in this Declaration are based upon my personal knowledge, information received from the parties in this proceeding (the “Parties”), and information provided by my colleagues at P&N and our partners. II. BACKGROUND 3. Preliminary Approval. On May 21, 2020, the Court entered an order preliminarily approving the Settlement Agreement and the appointment of Postlethwaite & Netterville as Settlement 1 Case 2:19-cv-04659-AB-AS Document 48-3 Filed 08/31/20 Page 2 of 50 Page ID #:985 Administrator. After the Court granted preliminary approval of the Settlement, P&N began to implement and coordinate the notice program and claims process. 4. The Purpose of this Declaration. I submit this Declaration to evidence P&N’s compliance with the terms of the Preliminary Approval Order and detail P&N’s execution of its role as the Settlement Administrator. III. CLASS NOTICE PROGRAM EXECUTION 5. Notice Database. P&N maintains a database of 2,375,245 class members which was used to effectuate the notice campaign as outlined within the Settlement Agreement. 6. Reverse Lookups. P&N received an initial data file containing 2,375,245 Class Members. To verify and update the contact information for the Class Members, P&N coordinated a reverse lookup analysis on the phone numbers and addresses for the 2,375,245 Class Members. This process resulted in updates for 1,679,554 Class Members. 7. Mail Notice. P&N coordinated and caused the mailing of the Postcard Notice to be mailed via First- Class Mail to Class Members for which (a) a mailing address was provided to P&N or (b) a mailing address was obtained from the reverse lookup process. The Postcard Notice included a “tear-off” Claim Form with prepaid return postage, a link to the case website for access to additional information, and the return address of the P.O. Box maintained for the purpose of receiving the submitted Claim Form submissions and undeliverable Postcard Notices in connection with this Settlement. A true and correct copy of the Postcard Notice is attached hereto as Exhibit 1. 8. Mail Notice Delivery. Prior to the Postcard Notice mailing, all mailing addresses were checked against the National Change of Address (NCOA) database maintained by the United States Postal Service (USPS). In addition, the addresses were certified via the Coding Accuracy Support System (CASS) to ensure the quality of the zip code, and verified through Delivery Point Validation (DPV) to verify the accuracy of the addresses. P&N executed Postcard Notice mailings for 2,375,245 Records and supplemental mailings for 80,005 Settlement Class Members for which an initial 2 Case 2:19-cv-04659-AB-AS Document 48-3 Filed 08/31/20 Page 3 of 50 Page ID #:986 Postcard Notice was not deliverable but for which P&N was able to obtain an alternative mailing address through (1) forwarding addresses provided by the USPS, (2) skip trace searches using the LexisNexis third party vendor database, or (3) requests received directly from Class Members. Mail notice delivery statistics are detailed in Section 15 below. 9. Digital Notice. In addition to direct mail programs, P&N executed audience-specific media targeting campaigns to reach and inform potential Class Members in an efficient, media appropriate and cost- effective manner using consumer and audience data such as demographic, geographic, behavioral, and other interest-based parameters to target audiences. P&N used market knowledge and experience to deliver ad campaigns to premium online networks and integrate tracking and analytics for constant optimization of the Media Notice campaign. 10. Digital Notice Delivery. Ads were displayed on Facebook and Google for a total of 100,337,530 impressions. Through Facebook, 23,729,043 total impressions were gained, while Google Ad Network ads gained 76,608,487 impressions in the following display formats: 300x250, 300x600, 728x90, and 970x250. Copies of the digital ads are provided in Exhibit 2. 11. Settlement Post Office Box. P&N established the following dedicated Post Office Box (the “P.O. Box”) for the Settlement Program: AmeriSave TCPA Settlement Administrator c/o Postlethwaite & Netterville P.O. Box 341 Baton Rouge, LA 70821-9917 The P.O. Box serves as a location for the USPS to return undeliverable program mail to P&N and for Class Members to submit Claim Forms, Exclusion Request Forms, and other settlement related correspondence. The P.O. Box address appears prominently in all notices and in multiple locations on the Settlement Website. P&N monitors the P.O. Box daily and uses a dedicated mail intake team to process each item received. 12. Settlement Website. On June 19, 2020, P&N published the case website, www.AmeriSaveTCPAclaims.com, which includes details of the Settlement. The Settlement Website address appeared prominently in all notices, and, as of August 28, 2020, has generated 226,963 3 Case 2:19-cv-04659-AB-AS Document 48-3 Filed 08/31/20 Page 4 of 50 Page ID #:987 users1 completing more than 270,799 sessions. By accessing the website, recipients are able to easily access the following documents and information: a. The Long Form Notice (attached as Exhibit 3); b. The Class Action Complaint; c. The Motion for Preliminary Approval and Supporting Declaration of Terry Fabricant; d. The Settlement Agreement and Release; e. The Court’s Preliminary Approval Order; f. The Claim Form (attached as Exhibit 4); g. An Online Claim Filing option; h. The Exclusion Request Form, both online submission and print to mail; i. Important Dates and Deadlines; j. Frequently Asked Questions (FAQs) and answers thereto; k. Claimant Contact Information Update Form; and l. Contact information for the Claims Administrator. 13. Toll-Free Number. P&N established a toll-free telephone number, 1-833-440-0743 (the “Toll-Free Number”), which is available twenty-four hours per day. Settlement Class Members can call and interact with an interactive voice response (“IVR”) system that provides important settlement information and offers the ability to leave a voicemail message to address specific requests or issues. The Toll-Free Number appeared in all notices, as well as in multiple locations on the Settlement Website. The Toll-Free Number will remain active through the close of this Settlement Program. As of August 28, 2020, P&N has received 14,782 calls to the toll-free number with a total listening duration of 51,151 minutes. 1 In Google Analytics, “users” are the number of new people who visit a site during a given time period. Google also notes that because a “user” is identified by the computer and web browser they are using; the metric can include overlap for people who visit from multiple computers or web browsers. 4 Case 2:19-cv-04659-AB-AS Document 48-3 Filed 08/31/20 Page 5 of 50 Page ID #:988 14. Email Support. P&N established an Email address, [email protected], to provide an additional option for Class Members to address specific questions and requests to the Settlement Administrator for support. The Email address is displayed on the Settlement Website. IV. NOTICE PROGRAM REACH 15. Notice Reach Results. The Direct Notice program reached a total of 2,327,630 (98.0%) Settlement Class Members2. Table 1 below provides an overview of dissemination results for the Notice Program and Table 2 provides an overview of the reach statistics for the Notice Program. Table 1: Direct Notice Program Dissemination Results Percentage Volume of of Class Description Class Members Members (#) (%) Settlement Class Members 2,375,245 100.0% Mail Notice Total Postcard Notices Mailed 2,375,245 100.0% Total Postcard Notice Returned as Undeliverable 118,865 5.0% Mail Notice Re-Mailed Total Postcard Notices Re-mailed 80,005 3.4% Total Undeliverable (Re-Mailed) Postcard Notice 8,755 0.4% Table 2: Direct Notice Program Reach Statistics Description Volume (#) Reach (%) Settlement Class Members 2,375,245 100.0% Received Post Card Notice 2,327,630 98.0% Received Direct Notice 2,327,630 98.0% V. CAFA NOTICE 16. CAFA Notice. Upon receipt of information from Counsel, on April 22, 2020, pursuant to 28 U.S.C. § 1715(b), P&N distributed via Certified Mail a cover letter and an enclosed read-only compact disc upon the recipients listed in Exhibit 5 to this Declaration, i.e., the U.S. Attorney General and the 2 A Settlement Class Member is considered “reached” by direct Notice if a Postcard Notice mailed to the Settlement Class Member has not been returned by the USPS as undeliverable. 5 Case 2:19-cv-04659-AB-AS Document 48-3 Filed 08/31/20 Page 6 of 50 Page ID #:989 appropriate government officials for all fifty states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands.