Williams v. Weyerhaeuser

Williams v. Weyerhaeuser Co., No. 995787, 2002 WL 373578, at *10 (Cal. App. 1 Dist.):

“Objectors maintain the method of notice was inadequate because individual notice was provided to only a fraction of the class members, and the media campaign devised by Hilsoft Notifications did not provide meaningful or realistic notice in the present case…The hybrid notice given here--a combination of individual notice and notice by publication--was, as the trial court found, the best practicable method under the circumstances. The mass media campaign in this case appears to have been far more extensive than that approved in Dunk, supra, 48 Cal.App.4th at pp. 1800, 1805, 56 Cal.Rptr.2d 483. Objectors' own experience indicates the campaign was effective. Three of them received individual notices, two learned of the settlement through advertisements, and the others apparently learned of the settlement when one of them went around the neighborhood and told his neighbors about the settlement.”

In Williams vs. Weyerhaeuser, Hilsoft Notifications designed and implemented a class action notice plan that ranked as one of the most comprehensive, extensive, yet cost efficient ever, effectively reaching the greatest practicable number of class members.  Notice placements appeared in the best-read publications in the United States, in selected daily newspapers, and on strategically chosen radio stations in key geographic areas which were revealed after Hilsoft Notifications detailed analysis of warranty claims.

Issuance of the notice via earned media activities, on-line delivery of the notice and trade audience related notice activities extended reach further.   Hilsoft Notifications managed the neutral press coverage upon the approval by the Court, and documented 113 known news stories appeared, mostly in the key states, which included print and television news programs.  A radio public service announcement effort resulted in notice appearances on 260 radio stations.

The design of the notices materials themselves ensured attentiveness to, and comprehension of, the notice.  While simple, clear and concise, no significant or required information was missing.  To extend reach among Hispanics, the broadcast short form notice ran in Spanish on leading stations in their respective markets.  Spanish versions of the short form and long form notices were also designed and disseminated.

A detailed final report proved the reach of the program.  An objection on notice issues was addressed in an expert affidavit from Hilsoft Notifications in which it was proven to be inaccurate and irrelevant from the standpoint of effective communication with class members.  As a result, the objection was rejected and the settlement was approved.  The settlement notice ruling later withstood challenge—including on the notice issues—to the California Court of Appeals in a reported decision.