Exemplary Cases

No matter how complex a case is, Hilsoft Notifications has the capacity to design and execute a notice program tailored to the specific needs of the case. Selected cases:

• Volkswagen “Clean Diesel” (Bosch)
• The In re: Volkswagen “Clean Diesel” Marketing, Sales Practices and Product Liability Litigation (Bosch) settlement was for nearly 600,000 vehicles regarding emissions test defeat device-software. The notice program provided individual notice to more than 946,000 vehicle owners via first class mail and to more than 855,000 via email, with a 97.04% combined deliverable rate. A targeted internet campaign, which generated 5.69 million impressions further enhanced the notice effort.)
   
  
• Energy Future Holdings Corp
• The In re: Energy Future Holdings Corp., et. al. litigation was a large asbestos bar date notice effort.  The Notice Program which Hilsoft Notifications designed and successfully implemented included individual notice, national consumer publications, hundreds of local and national newspapers, Spanish newspapers, union labor publications, and digital media to reach the target audience.
   
  
• Visa & MasterCard
• The In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation involved a landmark $6.05 billion settlement reached by Visa and MasterCard and an extensive notice program designed and implemented by Hilsoft. The notice program involved over 19.8 million direct mail notices to class members together with insertions in over 1,500 newspapers, consumer magazines, national business publications, trade & specialty publications, and language & ethnic targeted publications. Hilsoft also implemented an extensive online notice campaign with banner notices, which generated more than 770 million adult impressions, a case website in eight languages, and acquisition of sponsored search listings to facilitate locating the website.
   
  
• American Express
• The In re American Express Anti-Steering Rules Antitrust Litigation (II) (“Italian Colors”) case resulted in a momentous injunctive settlement reached by American Express regarding merchant payment card processing. The notice program designed by Hilsoft provided extensive individual notice to more than 3.8 million merchants as well as coverage in national and local business publications, retail trade publications and placement in the largest circulation newspapers in each of the U.S. territories and possessions.
   
  
• MW Manufacturers, Inc.
• In the Gulbankian et al. v. MW Manufacturers, Inc. and Hartshorn et al. v. MW Manufacturers, Inc. matters regarding vinyl-clad windows, Hilsoft implemented a Notice Plan, which included dissemination of individual notice to known or potential Settlement Class Members via postal mail, a well-read consumer magazine, highly trafficked websites and Sunday local newspapers (via newspaper supplement). Sponsored Internet search listings and a case website provided additional notice exposures. The combined measurable effort alone reached approximately 80% of adults in the primary distribution states (Connecticut, Georgia, Maryland, Massachusetts, Mississippi, New Hampshire, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and Virginia) who own a home, an estimated average of five times each.
   
  
• Schnuck Markets, Inc.
• The McGann, et al., v. Schnuck Markets, Inc. data breach litigation involved shoppers who used a debit or credit card in any Schnucks store. Hilsoft designed a notice plan which included dissemination of individual notice to known or potential Settlement Class members via postal mail or email and via local newspapers and radio ads. An informational release, Internet sponsored listings and a Settlement website have provided additional notice exposures. The measureable media effort of the Notice Program reached approximately 80.0% of Adults 18+ in the affected Schnuck market areas, an estimated average of 2.9 times. Mailed and emailed individual notice as well as an informational release, sponsored Internet search listings and a Settlement website further enhanced reach to Class members.
   
  
• Bank of America Corp.
• The Rose v. Bank of Am. Corp. TCPA litigation involved dissemination of individual notice to more than 6.9 million unique known or potential Settlement Class members via postal mail and email and publication notice via well-read consumer magazines and Sunday local newspapers (via a newspaper supplement). An informational release, sponsored Internet search listings and a case website provided additional notice exposures. The combined measurable effort alone reached an estimated 80% of all Settlement Class members, an estimated average of 1.7 times each.
   
  
• British Petroleum (Deepwater Horizon)
• The In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010 litigation was the most comprehensive legal notice every done for companion settlements in the U.S. These landmark $7.8 billion class action settlements resolved economic damages and medical claims against British Petroleum (BP) related to the Gulf of Mexico oil spill in 2010.
   
  Hilsoft’s comprehensive notice efforts included over 5,400 insertions in 2,000+ publications, over 7,900 television spots and over 5,200 radio spots, local and national banner ads, and notices in English, Spanish and Vietnamese. The media effort alone reached an estimated 95% of adults in the Gulf region an average of 10.3 times and an estimated 83% of all adults in the U.S. an average of 4 times each.
   
  
• Trans Union
• For the In re Trans Union Corp. class action, we designed a highly successful notice program which provided notice to over 87% of the more than 217 million person class and allowed each class member approximately five opportunities to see a notice. The litigation involved virtually every adult in the United States.
   
  Our extensive notice program relied heavily on paid media efforts including television notice, publication notice and internet banners. The program also included an informational press release, radio public service announcements and a settlement website where class members could register for benefits. A 30-second television commercial was created and broadcast during programs targeted to the class, including Good Morning America, The Today Show, The Price is Right, Are you Smarter than a Fifth Grader?, and CSI.
   
  
• Certegy
• The Lockwood v. Certegy Check Services litigation was the most complex national data theft class action settlement in history involving over 37 million class members. The notice program was designed to reach individuals in the United States and Puerto Rico. Since Certegy had names and addresses for six million class members, we designed and implemented a notice program that provided individual notice to known class members via a cost saving postcard. In addition, notices were published in newspapers and consumer magazines, an informational press release was distributed and a dedicated settlement website was developed as part of the comprehensive notice program.
   
  The individual postcard notice was unique because Certegy was able to identify class members’ claims. Each postcard contained the same information that would have been provided in a summary notice, including which settlement benefits the class member was eligible for, how to receive them, and their other rights and options. The parties and Court applauded this effective, cost saving notice effort.
   
  
• TJX
• The In re TJX Companies Retail Securities Breach Litigation was the largest United States and Canadian retail consumer security breach notice program ever designed and implemented in a settlement. Hilsoft designed the notice program including notices which appeared in English, Spanish and French in order to effectively reach class members who shopped at TJX stores in the United States, Puerto Rico and Canada.
   
  The notice program relied upon a multi-national publication effort, a multi-national informational press release, individual notice to known class members, and a settlement website. The notice program successfully reached over 80% of United States and Canadian class members.
   
  
• Residential Schools
• The Residential Schools litigation is the largest, most complex and extraordinary class action in Canada's history. This multi-billion dollar settlement was designed to benefit 80,000 living former students and 300,000 or more family members of former students for claims of abuse against Canada’s “Residential Schools.”
   
  With enormous geographic, cultural and educational barriers, Hilsoft was faced with the most challenging notice circumstances for any case in North American history. The detailed two-phase plan created by Hilsoft involved a massive multi-media notification endeavor, along with carefully designed mailings and grass roots efforts to get notices into the hands of former students. The notices contained attention-getting and culturally-sensitive images, and voice talent that was translated and produced by Hilsoft into more than 20 aboriginal languages.
   
  Teaming up with the Assembly of First Nations and other Indian and Inuit organizations, the notice program involved travel and local outreach in reserves and communities in some of the most remote parts of Canada. A massive TV and radio campaign utilized almost every localized Canadian transmitter, including small aboriginal stations inside the Arctic Circle. Hilsoft Notifications also designed and hosted the Court’s website in English, French and Inuktitut.
   
  Hilsoft provided expert analysis and testimony during the two phases of notice, and worked closely with the Court Counsel to coordinate among the diverse parties during this politically charged matter.
   
  
• First Health Group Corporation
• The First Health Group Corporation litigation established a $150 million class settlement fund to make payments to eligible class members. At issue in the lawsuit was whether First Health and its Affiliates provided appropriate notice before Preferred Provider Organization (PPO) discounts were applied to bills for medical services or supplies submitted by providers under the Louisiana workers’ compensation law.
   
  Since the class period dated prior to Hurricanes Katrina and Rita, which may have displaced some settlement class members, Hilsoft Notifications implemented address updating measures prior to mailing individual notice to ensure the most accurate individual notice mailing effort. In addition, to extend the breadth of the notice effort, the summary mailed notice was sent via first-class mail and/or email along with a cover letter to various Louisiana boards of health care examiners to disseminate the notice to Louisiana providers.
   
  
• Countrywide Financial Corporation
• An estimated 17 million customers were part of a settlement alleging personal and financial information held by Country Financial Corporation was stolen. As a result, Hilsoft Notifications designed a notice program which included mailing the summary notice to approximately 2.4 million class members, along with comprehensive publication efforts. In addition, as part of the notice program, Hilsoft developed a video presentation in both English and Spanish which was made available on the case website to explain to class members the relevant terms of the settlement and how to properly fill out and submit the requisite clam forms and necessary supporting documentation.
   
  
• Heartland
• The In re Heartland Customer Data Security Breach Litigation involved allegations that approximately 130 million credit and debit card numbers and corresponding personal information were stolen. Since Heartland had no direct relationship with potential class members, there was no information or list of class members for purposes of providing individual notice. As a result, Hilsoft designed and implemented a comprehensive notice program to alert potential class members via a publication notice which appeared nationwide in over 1,00 newspapers, in major consumer magazines and online via banner advertisements. As a result, the notice program reached more than 80% of potential class members an estimated 2.5 times.
   
  
• Veterans Affairs
• The In re: Department of Veterans Affairs (VA) Data Theft Litigation, MDL 1539, involved a settlement related to the theft of personal identification information of 17.5 million veterans, spouses of veterans and military personnel. To reach the targeted audience, Hilsoft designed and implemented an extensive publication notice effort with publication notice in newspapers, well-read consumer magazines and specialty publications, including key military publications across the nation with a total circulation exceeding 76 million. In addition, an informational release and radio public service announcements were distributed nationwide as well as a third-party outreach effort to veteran organizations, and a case website. Ultimately, approximately 80% of the class was reached an estimated 2.36 times through notice placements in newspaper supplements and leading consumer publications.
   
  
• Fifth Third Bank
• A $9.5 million settlement was reached with Fifth Third Bank regarding allegations of posting debit card transactions in non-chronological order resulting in overdraft fees. A comprehensive individual mailed notice effort resulted in more than 1.4 million summary notices mailed via bank statements and an additional 2.7 million summary postcard notices mailed to Fifth Third Bank accountholders who received electronic statements and to former accountholders. Ultimately, these individual notice efforts reached approximately 89.7% of potential settlement class members.
   
  
• Lowe's Home Centers
• This case involved allegations that certain drywall sold by Lowe’s was defective because it contained high levels of sulfur and/or other organic compounds, which leads to “rotten egg-like” odors, corrosion of electrical appliances and wiring, and also causes physical irritation and health hazards. Hilsoft designed an extensive point of sale notice program to provide notice to potential class members. Individual notices were printed on all receipts issued by Lowe’s in all of its stores across the country during the notice period – resulting in 100 million point of sale notices distributed to Lowe’s purchasers on their receipts during a six-week period. The point of sale notice reached an estimated 90% of Lowe’s purchasers.
   
  
• National City Bank
• After a comprehensive effort to compile a database of potential class members, through address updates from the USPS databases and an extra address search though a private data provider, more than 2.4 million summary postcard notices were mailed to potential settlement class members as a result of the court approved notice program designed by Hilsoft Notifications. The summary postcard notices reached an estimated 93.3% of potential settlement class members in the case. To further enhance notice, Hilsoft published a summary notice in the highest circulated daily newspapers in 23 daily newspaper markets strategically targeted where National City branch offices are located (with a combined average daily circulation of over 3.9 million).