Stephanie Fiereck, Esq., Senior Director, Legal Noticing: Our team of legal noticing experts understands the legal requirements and complex issues associated with providing notice. We are in a unique position because we handle all aspects of noticing for hundreds of cases each year. This allows us to see first-hand how federal and state court judges nationwide are paying close attention to notice content and settlement provisions, and what judges are looking for and expect.

When our experts look at a settlement agreement or notices for a client, it is a fresh look with an eye toward providing plain-language notice to class members. We often identify instances where elements of the class definitions, settlement agreements, and notices don’t always marry together well and can impact administration.

For example, if a settlement agreement defines the class as “all passengers of a tour bus who purchased a ticket,” with the settlement remedy for the purchaser, consider the use of the words, “passenger” and “purchased.” Using both terms, which can have different meanings in different contexts, can cause confusion for class members when reading the notice. A purchaser may have never used the ticket to be a passenger, or the purchaser and passenger may be different people, i.e. child/parent, partners/spouses, etc. These distinctions are critical and great care must be used in drafting the communications that a class member will see.

When reviewing noticing, a wholistic approach including context, timing, method, judicial considerations, etc. is the best approach to avoid issues. This often has a positive impact on other aspects of the administration, such as preemptively addressing questions class members may have, encouraging better claim-filing results, and helping the overall ease and cost of administration.

Stephanie Fiereck, Esq. is a senior director at Epiq and Epiq Legal Noticing, leading the Notice Expert Services team. She can be reached at sfie@epiqglobal.com.

Sandra Babcock, Director of Operations, Claims: When class members can easily understand the intent of a notice and what’s required of them to file a claim, not only is it effective to meet judicial scrutiny, but it often produces the best results from a cost and quality perspective for both noticing and claims administration.

Making sure the language on each field of the claim form is clear and easy to understand is critical for the ease of class members to file a claim. There is also a direct correlation from an administration perspective between the ease for claimants to understand the necessary steps to file a claim, and both the number of valid claims ultimately received, and how efficiently they can be processed. Moreover, if a free-form field is necessary, it should come with clear and detailed instructions to help claimants give the best possible answers, making it easier and more efficient to process the claims.

We use sophisticated imports to minimize the time required for manual analysis of claim forms to prevent unnecessary costs or an unexpected variance in results. There are, however, complexities that require manual review and analysis despite a top-quality import. For example, when a case requires documentation to substantiate the claim, having clear instructions in the notice and claim form are essential to improve the likelihood of receiving complete and valid claim submissions.

Between our experts, best practices, and strong controls, we ensure notice and the claims process are considered in tandem to achieve the best results for each case, for the class members, and to satisfy judicial scrutiny.

Sandra Babcock is the director of operations for claims at Epiq. She can be reached at sbabcock@epiqglobal.com

Rob Coomes, Senior Project Manager, Client Services: Once a settlement has been given the green light by the court, that’s when Epiq’s deep bench of project management and operational experts gets to work.

In settlements where we have a specific set of individuals to contact (closed classes), the most valuable tool to effectuate notice is the data that’s provided to us. Having multiple data points is preferred, such as a combination of name, address, email address, etc. Not only because it enables us to send traditional mail and emails, but to also leverage best-in-class third-party tools to find additional ways to contact these populations if necessary.

Our project managers excel at executing the requirements of each settlement agreement and applicable orders to ensure notice is effectuated as intended. One way we do this is by spending time with our clients prior to case launch, discussing any questions or concerns we may have. Often, we see conflicts within settlement agreements or orders, or provisions that are silent on important elements of the case. Addressing any issues early is an important component that directly impacts notice as well as administration.

In this business, the devil really is in the details. Bringing these questions up at the get-go helps launch the case as smoothly as possible. We have found this is a real value-add to our clients, collaborating with them on the content of settlement agreements and other documents prior to filing with the court.

Rob Coomes is a client services senior project manager at Epiq. He can be reached at robert.coomes@epiqglobal.com.

Natalya Castro, Director of Operations, Contact Center: We've found the clarity of the notice, mailing timing, and providing multiple support channels play a critical role because they directly impact contact center volume.

First, the clarity of the notice is crucial. When notices are clear and easy to understand, we tend to see fewer inquiries, which also leads to cost savings for our clients. On the other hand, if a notice contains complex legal language or technical details, recipients often reach out for clarification. 

Second, timing also makes a significant difference. We've learned that sending out a large batch of notices with tight deadlines can result in an immediate surge in contact center volume, as recipients rush to respond. To manage this, we recommend staggering mailings over several days. We also rely on sending pilot batches for larger campaigns, which allows us to gauge response rates and adjust staffing levels before the full mailing commences.

Finally, offering recipients alternative resources, such as online FAQs, virtual agents, or live chat, helps redirect traffic away from the contact center and has been a game-changer for us. In contrast, if notices only direct recipients to call, we see a sharp rise in inbound volume.

By carefully considering these factors, we can better anticipate and manage call volumes. We also draw from our extensive experience and historical data from similar campaigns to ensure efficient operations and superior customer support.

Natalya Castro is the director of operations at Epiq. She can be reached at ncastro@epiqglobal.com.

Kyle Bingham, Senior Director, Legal Noticing, Media: When individual class member data is unknown, and direct notice is not feasible, at Epiq we use our vast experience in mixing traditional media and modern advertising campaigns with legal noticing requirements to ensure class members are provided the best notice practicable.

This process starts with understanding who class members are, including their demographics, geography, purchasing habits, language spoken, and especially media usage. From there, media placements are chosen that make the most sense for the class with as many qualifiers as feasible to reach class members.

In designing a media program, we consider various aspects. For example, if it’s a print placement, is it being placed because of geography? Is it a trade publication that reaches specific job titles/industries? If it’s an online or social media ad, what kind of targeting can be overlayed to ensure the correct audience is reached? Would these individuals have searched specific product information or visited websites with certain content or engaged with specific social media pages? Would this class respond better to video and/or audio ads?

These questions, and many others, are all considered in any advertising campaign Epiq creates. The more an ad can be pinpointed to the right individual class member, the more likely they will “notice” the ad and choose to engage.

All of these factors come together to create a well-rounded notice program that will withstand judicial scrutiny and provide the best notice to class members.

Kyle Bingham is a senior director at Epiq and Epiq Legal Noticing, leading the Media Noticing team. He can be reached at kbingham@epiqglobal.com.