The Importance of Digital Media Now

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1 MODERN-LEGAL-NOTICE ModernLegalNotice.com BUYER BE SMART: 7 REALITIES OF MODERN LEGAL NOTICE Legal notification in class action litigation came of age over 20 years ago when newspapers and magazines provided exceptional access to Americans time and attention. Today, the emergence of digital and social media has fundamentally changed the landscape for legal notice. And these changes cannot be ignored by those designing and executing legal notification plans. In 2014, notice experts and publication notice plans need to address both due process requirements under applicable law and modern best practices in digital and print media notice. Within are 7 realities that notice planners, counsel and courts should keep in mind when weighing publication notice plan strategies and tactics. Digital Notice White Paper

2 1 PRINT REACH IS PLUMMETING WHILE ONLINE REACH CONTINUES TO CLIMB. The percentage of American adults reading news via newspapers and magazines has dropped from 47% in the year 2000 to just 23% in i Compare that to digital where 47% of US Adults are on Facebook daily and Internet adoption amongst US Adults in 2013 was 85%. From a time spent perspective, the numbers are even more dramatic. In 2013, those US Adults who do still read newspapers spent a total of 18 minutes daily doing so, down 40% from even ii Online, the average American now spends 5 hours and 46 minutes daily, up 81% from iii Depending on the source, Americans now spend about thirteen times iv longer consuming information online compared to print. v Online is the new primetime. 2 ONLINE NOTICE CAMPAIGNS CAN BE PRECISELY TARGETED. Websites are custom selected to match the demographics and psychographics of the class using technologies from leading providers such as comscore and Google. 1 Modern web campaigns now can span thousands of targeted websites or focus on a few. Social media placements (Facebook, Twitter, etc.) are targeted to relevant user interests. 2 Search ads only appear when relevant search terms are entered. 3 With precise targeting, comes precise budget control, as notice ads and budget can be allocated by state, metropolitan area and through some channels, even zip code. 2

3 3 ONLINE NOTICE CAMPAIGNS CAN BE MONITORED, VERIFIED, MANAGED AND OPTIMIZED IN REAL TIME. Via online technology, we can verify the delivery, placement and price of each ad impression, enabling our teams to continually optimize the delivery of a notice campaign to best perform against settlement goals. 4 Best practices, tactics and tools in digital campaigns include: Verification that online notice ads appear above the fold in clear view of the user Verification of location, time and content adjacency to confirm quality in location, time of day and web content Monitoring of click-through rates to each website domain and action taken post click, in real time 5 Driving claims by dynamically allocating placements to the best-performing websites, content, location, time of day Calculating reach and/or frequency of exposure for any one user 6 4 ONLINE NOTICE ADS ARE DIRECTLY ACTIONABLE. A single click transports a class member to the settlement website, detailed notice, and online claim filing. This direct connection operates across placements on desktop, tablet or mobile and encourages increases in actual claims filed. In addition, this increases word of mouth and sharing as engaged users online create emergent third-party notice opportunities when users share the settlement website address via , text or other methods. 5 DIGITAL REACH IS NOT FRAGMENTED. Traditional notice experts view the Internet as fragmented in a way that makes obtaining large-scale reach difficult. The reality is that digital media experts routinely execute digital media campaigns that span thousands of websites, mobile devices, search engines, multiple social media platforms and more in a fully integrated manner that makes mass reach obtainable and measureable. In fact, it s arguably easier to achieve mass reach via digital today. For example, one provider alone, Google, reaches 65% of the US online audience daily and 94% of all Internet users each month. vi 3

4 6 MAGAZINE READERSHIP ASSUMPTIONS CAN BE UNREALISTIC. Magazines put forward readership estimates ranging from 2-20 readers per printed copy. vii Traditional notice plans use these readership multipliers to create potentially inflated estimates of print reach for notice ads. In addition to the potentially inflated reach numbers, most reported readership numbers take multiple weeks to reach their estimated audience, potentially not reaching the projected audience within the notification period. For example People Magazine takes 26 weeks to reach its projected audience. 7 We cannot verify that each unique individual read the magazine, let alone flipped to the page which included our notification ad. With digital campaigns, each impression and click-through is tracked and verifiable. 8 7 ALL DIGITAL CAMPAIGNS ARE NOT THE SAME. Some traditional media experts deploy digital notice campaigns consisting of some or many discounted, surplus ad impressions purchased from a wholesaler. 9 The Dahl/FRWD approach is based on hand selecting individual websites, keywords and interest targets working directly with the parties to define and accurately depict actual user consumption of media. This approach includes location, time of day and device specific targeting to increase the quality of placement. In purchasing, we directly purchase the media to enable cost efficiencies and scale. In total, the Dahl/FRWD approach offers a measurable media mix that is highly targeted against affected class members opposed to a cookie cutter one size fits all approach to digital media buying. 4

5 TEAM BIOS Jeff Dahl, President at Dahl Administration Jeffrey D. Dahl is a nationally-recognized expert with over 22 years of experience with class action litigation and settlement administration. During that time he has provided services on more than 400 class action lawsuits and settlements involving securities and shareholder disputes, product liability, fraud, property, finance, insurance, consumer privacy, employment, and discrimination. Jeff is the co-founder and President of Dahl Administration, a class action settlement administration firm specializing in consumer and employment class actions. Prior to founding Dahl Administration, Jeff was a founding partner of Rust Consulting, which grew during his tenure to be the second largest class action claims administration service provider in the United States. During Mr. Dahl s 22-year career, the firms he led have provided services for over 3,500 class action and regulatory settlements. Mr. Dahl has provided testimony, both live and by affidavit, in hundreds of class action settlements. He has also been appointed to serve courts, special masters, and administrative agencies in various capacities in numerous proceedings. John Grudnowski, Founder & CEO at FRWD In May 2009, John founded FRWD. He brings 15 plus years of PR and digital marketing services experience that he gained over the course of his career at Accenture, General Mills, Carmichael Lynch and Vail Resorts. John has developed digital strategies, provided expert training, counseled and advised marketing executives, led internal client innovation teams and led execution teams for a variety of Fortune 1,000 clients including: American Express, Discovery, 3M, General Mills, Deluxe, Target, Best Buy, Sony Pictures, Dairy Queen, Starz Entertainment and Ameriprise. Prior to founding FRWD, John founded and led the modern media practice at space150, a Twin-Cities based ad agency, as well as led agency business development supporting revenue growth from under $1MM to over $12MM in four years. John has also co-founded the Minneapolis-based i612 media organization, and has served on multiple digital-based start-up boards of directors. 5

6 FURTHER EXPLANATION 1. comscore, Inc. is a global leader in measuring the digital world. It leverages a global cross-section of approximately 2 million Internet users who have given comscore permission to confidentially capture their browsing and transaction behavior, including details of their online and offline purchasing. comscore panelists also participate in survey research that captures and integrates their attitudes and intentions. ( Google Display planner suggests thousands of websites, mobile applications and video channels based on targets interests, keywords and similar sites. (adwords.google.com) 2. Social media can be targeted based on what users have identified they are interested in, what they are following or what they are talking about across social channels. 3. Search advertising allows advertisers to bid on keywords in real time that are selected based on potential searches or search queries that users may enter when browsing on search engines (Google, Bing, Yahoo, etc). The advertiser s ads appear alongside the natural or organic results on a search engine results page. 4. Ad serving technology and demand side platform technology, along with analytics suites, can measure the goals and delivery of campaigns and report data to enable near real-time optimization based on campaign performance. 5. Using the aforementioned media technology, media buyers are able to collect data on which channels, dayparts and geographic areas are delivering upon campaign goals. Media buyers can then shift budgets accordingly to ensure they are purchasing media only on the most effective channels. 6. Each user is tracked via a unique cookie (information stored in a user s browser). This allows media buyers to measure and control the number of exposures for each individual user. 7. Information taken from 2013 Fall GfK MRI. 8. Each impression is tracked by Google s ad serving technology, DoubleClick. Additionally, by creating custom click-through URLs, media buyers can track the user from each media channel to the advertiser s website and measure their onsite activity. 9. Wholesalers will pre-purchase media across a group of sites which does not allow for additional campaign optimization. Daypart targeting and custom domain targeting are typically not included when purchasing media from these wholesalers. 6

7 REFERENCES i Pew Research, 2012 Trends in News Consumption: ii emarketer: August 1, 2013 iii emarketer: April 22, 2014 iv emarketer: April 22, 2014 v The one chart that should scare the hell out of print media, Pynter.org, May 30, 2012 (available at should-scare-the-hell-out-of-print-media/)v vi Google, Think Insights The Google Display Network google-display-network.htmlindividual user. vii AARP Shows Largest Growth in Readership, FOLIO (available at aarp-shows-largest-readership-growth-people-largest-audience#.uvlqahcwll8) 7