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Critiques & Analyses
Harp v. Qwest Communications, No. 0110-10986 (Cir. Ct. Ore.) - Provided in-depth analyses of mailing issues and qualitative observations on the effectiveness of various methods for designing and disseminating successful notices. After reviewing our recommendations, the Court ruled firmly in favor of our notice views. As a result, our specific recommendations to improve the communication enhanced the notice to Qwest’s customers.
Ting v. AT&T, No. C-01-2969-BZ (N.D. Cal.) - Studied the factors involved with communicating a mandatory arbitration clause along with the terms of a new contract when AT&T decided to switch from a tariff-based service. Provided in-depth analyses of direct mail statistics and qualitative observations on the effectiveness of various methods for designing and mailing successful notices. The Court viewed in favor of our notice views and against those expressed in opposition.
Rolnik v. AT&T Wireless Services, Inc., No L-180-04 (N.J. Super. Ct.) - Studied the communication effectiveness of the settlement notices and provided evidence to the Court that the settlement notices were not adequate and did not satisfy due process because they were not designed to be “noticed” and did not allow class members to easily understand all of their rights and options. The Court denied final approval to the settlement.
West v. Carfax, Inc., No. 04-CV-1898 (ADL)(Ohio C.P.) - Worked with Public Citizen to review the settlement notice program and provide evidence to the Court that the notice program was inadequate and did not satisfy due process because it suffered from a myriad of problems in: a) how it was disseminated (or not); b) the information the Notices contained (or did not contain); and c) how the Notices were designed.
In re W.R. Grace & Co., No. 01-01139-JJF (Bankr. D. Del.) - Studied notices and notice programs that attempted to provide notice to several different audiences with widely differing claims. Through our analyses, we determined that a single notice program to reach the variety of potential class members would be inefficient and ineffective. The Court found that our suggestion of two separate programs was warranted and the messages were separated.
