Administration Services Estimate Credit Debit Tying Cases - Supplemental Notification

Transcription

1

2

3 EXHIBIT 1

4 Administration Services Estimate Credit Debit Tying Cases - Supplemental Notification August 17, 2012 Dan Rosenthal; drosenthal@kccllc.com; Key Assumptions Used in Estimate Preparation Case Duration: 6 months CAFA Notice Required? No Claims Processing: No Address Searches: No Media Campaign Required: Yes English Only: Yes # of Campaigns: N/A Reminder Mailing: No Duration of Claims Filing Period: Type of Telephone Support: Type of Website Support: Duration of Website Support: N/A None Static 6 months RESPONSE RATE RATE PER UNIT ESTIMATED COST NOTICE PROCEDURES QUANTITY TOTAL Case and Forms Setup - Set up Case Management System 5 hrs $92.50 $463 - Format Document(s) 15 hrs $92.50 $1,388 Sub-total of Case and Forms Setup $1,850 Media Campaign - Published Notice - See following pages for details - California Broad-market Daily Newspapers (All Nsprs use ROP/Display) 1 time(s) $63,941 $63,941 - Internet Avertising; 4.1 million impressions 1 time(s) $17,647 $17,647 Sub-total of Media Campaign $81,588 Website Set-up & Maintenance - Design & Update Site Staff Time 20 hrs $92.50 $1,850 - Maintenance 6 hrs $92.50 $555 - Server Space rental 6 mos $50.00 $300 Sub-total of Website Set-up & Maintenance $2,705 Case Management, Opt Out/Objection Processing, and Declaration of Notice Procedures 20 hrs $92.50 $1,850 Sub-total of Case Management, Opt Out/Objection Processing, and Declaration of Notice Procedures $1,850 TOTAL ESTIMATED COST $87,993 OTHER SERVICES AND OUT-OF-POCKET EXPENSES Other Services and Ad Hoc Reporting, as needed or requested Other Charges and Out-of-Pocket Costs** RESPONSE RATE QUANTITY RATE PER UNIT ESTIMATED COST (standard hourly rates) (actual) TOTAL * Estimated Postage and Handling. ** Includes, but is not limited to long distance calls, overnight shipping, photocopies, storage, PO Box rentals, broker fees, etc. This Class Action Administration Services Estimate and the attached Cost Summary & Scope of Services (together, the Proposal ) are valid for ninety days from 8/17/2012. After such period, KCC reserves the right to amend the Proposal (including, without limitation, by increasing fees and costs) or to withdraw the Proposal in its sole discretion. All services and all fees and costs set forth in the Proposal are subject to the terms, specifications, assumptions and conditions set forth in the Proposal and the attached Terms and Conditions (collectively, the Terms of Service ). By signing below, the undersigned acknowledges and agrees that it has read and understood the Terms of Service, which are incorporated by reference as if fully set forth herein, and agrees to be bound thereby. KCC Class Actions Services, LLC BY: DATE: TITLE: The Client BY: DATE: TITLE: Page 1 of 2 EXIBIT 1

5 KCC Class Action Services Credit/Debit Card Tying Cases Supplemental Notice Media Plan 8/17/2012 BROAD-MARKET NEWSPAPERS Basic Newspaper Space: 3 cols x 7" -- 1/6th Page Display (ROP) Sizes and Costs # of # of 1x Daily County Counties Population Newspaper Nsprs Wkday Circ. Dimensions ROP Notes Los Angeles 1 9,884,632 Los Angeles Times 1 634, x 7 $ 20,412 ROP section; Modular size San Diego 1 3,143,429 San Diego Union Tribune 1 215, x 7 2,262 ROP section Orange 1 3,055,792 Orange County Register 1 204, x 7 1,926 ROP section Riverside 1 2,227,577 Riverside Press-Enterprise 1 113, x ROP section; Mon-Wed only San Bernardino 1 2,063,919 San Bernardino Cnty Sun/ Inland 3 108, x 7 2,151 ROP section Santa Clara 1 1,816,486 San Jose Mercury News* 1 195, x 7 8,989 BANG - ROP section Alameda 1 1,532,137 Oakland Tribune/ Alameda TimesStar/ 5 115,774 - ROP section; Included with BANG FremontArgus/ HaywardDailyReview/Tri-VlyHerald * x 7 Sacto/Stanislaus/ 3 2,900,804 Sacramento Bee/ Modesto Bee/ 3 354,618 10,500 ROP section; Mon-Wed only Fresno Fresno Bee *** x 7 Contra Costa 1 1,065,117 Contra Costa Times* 1 135, x 7 - ROP section; Included with BANG San Francisco 1 812,538 San Francisco Chronicle 1 278, x ,865 ROP section Kern 1 850,006 Bakersfield Californian 1 45, x ,009 ROP section Ventura 1 832,970 Ventura County Star 1 66, x ROP section San Mateo 1 729,443 San Mateo Times* 1 20, x 7 - ROP section; Included with BANG San Joaquin 1 695,750 Stockton Record 1 38, x 7 1,232 ROP section Sonoma 1 487,011 Santa Rosa Press Democrat 1 60, x ROP section Tulare 1 450,840 Visalia Times-Delta & Tulare Advance 2 20, ROP section Register 5 x 7 Monterey 1 420,668 Monterey County Herald 1 26, x 7 - ROP section; Included with BANG Solano 1 413,786 Vallejo Times Herald* 1 15, x 7 - ROP section; Included with BANG Santa Barbara 1 427,267 Santa Barbara News-Press 1 29, x ROP section Santa Cruz 1 265,981 Santa Cruz County Sentinel* 1 23, x 7 - ROP section; Included with BANG Marin 1 254,790 Marin Independent Journal* 1 28, x 7 - ROP section; Included with BANG Humboldt 1 134,587 Eureka Times Standard 1 18, x ROP section; Mon-Wed only California Countie 24 34,465, ,750,008 $ 63,941 Total California Population 37,678,563 ** 35 total papers with group buys % of California Population 91.47% Population Source: Department of Finance January 1, 2012 population estimates Circulation Source: SRDS Circulation Book; Media rep; ABC statement Newspaper Groups: * Bay Area News Group (BANG): San Jose Mercury News, Contra Costa Times, West County Times, Tri Valley Times (formerly Valley Times and Tri Valley Herald), East County Times, San Ramon Valley Times, Oakland Tribune, Alameda Times Star, Hayward Daily Revi San Mateo County Times, Santa Cruz Sentinel, Monterey Herald, Vallejo Times Herald, Marin Independent Journal, and Vacaville Reporter ** The Vacaville Reporter, East County Times, San Ramon Valley Times, and West County Times are not listed in the chart above, but are included in the BANG group purchase *** New Californian: Sacramento Bee, Fresno Bee, Modesto Bee **** San Bernardino Newspaper Group INTERNET Google Display Network Geography: California Estimated impressions 4,106,034 Total Cost $ 17,647

6 EXHIBIT 2

7 TO CALIFORNIA RESIDENTS AND PURCHASERS OF RETAIL PRODUCTS OR SERVICES IN CALIFORNIA THIS NOTICE OF REVISED SETTLEMENT AND EXCLUSION RIGHTS IS PUBLISHED BY COURT ORDER PLEASE READ THIS CAREFULLY IT MAY AFFECT YOUR RIGHTS If you have purchased while a California resident or while within the State of California for your own use, at any time since January 1, 1980, any retail products or services from businesses that accepted and/or issued Visaor MasterCard-branded credit and/or debit cards, you are a member of a Settlement Class in a lawsuit brought on your behalf entitled Credit/Debit Card Tying Cases, J.C.C.P. No This Notice is to inform you that you will be a party to the revised settlement in that lawsuit unless you choose to exclude yourself by, 2013, and to inform you of a hearing regarding the settlement. What is this lawsuit about? The Plaintiffs are consumers who claim that Visa and MasterCard, individually and with their member financial institutions, violated California s Cartwright Act and Unfair Competition Law. Visa and MasterCard allegedly forced merchants unlawfully to accept debit as well as credit cards for payment, adopted exclusionary rules, price-fixed fees, and engaged in other anti-competitive, unfair, fraudulent, and deceptive practices. Those activities allegedly resulted in California consumers paying artificially inflated prices for retail products and services. Visa and MasterCard deny those allegations. They say that their actions were lawful, justified, and the result of independent business competition. They maintain that their actions benefited competition, merchants, and consumers, and did not increase prices for retail products or services. They point out that courts have dismissed consumer lawsuits making similar claims in more than a dozen other states. The Court did not decide which side was right because the parties entered into a settlement, which the court approved as fair. After that judgment was reversed on appeal, the parties entered into a revised settlement, which the Court has preliminarily approved as fair. What are the terms of the settlement? Visa has paid $25 million and MasterCard has paid $6 million into a Settlement Fund. Approximately $21 million will be distributed to non-profit organizations to use for financial literacy and other initiatives to benefit Settlement Class members. $9.3 million will be used for class counsel s attorneys fees and litigation costs, and an additional service fee award of $1,000 will be made to each named Plaintiff. Approximately $700,000 have been or will be used for class notice and administrative costs. Pursuant to the revised settlement, any claims you have against Visa or MasterCard, including their corporate affiliates, member financial institutions, employees, and agents, which arise out of any of their conduct alleged or which could have been alleged in the lawsuit, including claims based on rules, by-laws, regulations, policies, practices, network service fees, interchange fees, merchant discount fees, finance charges, or charges of any kind of Visa or MasterCard, and including claims based on theories of tying, attempted monopolization, monopolization, exclusionary conduct, price-fixing, or any other restraint of trade, or of any unfair, deceptive or fraudulent practice, shall be resolved in the settlement and cannot be pursued in any other lawsuit. That specifically includes any claims that you may have that are asserted in a related putative class action, Attridge v. Visa U.S.A. Inc., No. CGC But you will not give up any claim based on a routine individual dispute with a financial institution that issued you a Visa or MasterCard payment card regarding payment of your personal account statement. Further information regarding the claims that you would release and resolve under the settlement, including the claims in the Attridge case, may be obtained at How do I participate in the settlement? If you DO wish to participate in the lawsuit and revised settlement, you do not need to do anything. You will be bound by the Court s judgment and may take advantage of the financial literacy and other initiatives to benefit Settlement Class members. How do I object to the settlement? If you DO wish to participate in the lawsuit and revised settlement, but OBJECT to the settlement, you may obtain information on how to object at com. You may enter an appearance through counsel and your objections must be filed with the Court and sent by mail to counsel for the class, Visa, and MasterCard BY, How do I exclude myself from the settlement? If you DO NOT wish to participate in the lawsuit and revised settlement, you must individually exclude yourself from the lawsuit. You may do so by making a written request containing the words Credit/Debit Card Tying Cases, a hand-signed and dated statement of your desire to be excluded, and your printed full name, address, and telephone number. You must then mail your written request in an envelope, with postage prepaid and POSTMARKED BY, 2013, to: Credit/ Debit Card Tying Cases Administrator, P.O. Box 6177, Novato, CA If you exclude yourself from the lawsuit, you will have the right, at your own expense, to pursue a separate lawsuit against Visa or MasterCard. But you will not be entitled to the benefits to be provided pursuant to the revised settlement agreement. What if I have questions? If you would like more information about this lawsuit, the full terms of the revised settlement, the claims being resolved, or your rights, please visit or write to the Credit/Debit Card Tying Cases Administrator at P.O. Box 6177, Novato, CA Please do not contact the Court or your payment card issuer. The Court has scheduled a hearing to consider the fairness and adequacy of the settlement for a.m. on, 2013 at the San Francisco Superior Court, 400 McAllister Street, San Francisco, CA 94102, which you may attend. Dated, The Honorable John Munter, Superior Court Judge. This settlement affects virtually all California consumers. Settlement funds will be used for financial literacy and other initiatives to benefit California consumers. If you DO wish to participate in the settlement, you do not need to do anything. If you DO wish to participate in the settlement but OBJECT to it, you must submit objections by, If you DO NOT wish to participate in the settlement, you must exclude yourself by, For more information visit CreditDebitCard Settlement.com. The Court will hold a hearing on the settlement at a.m. on, 2013, at the Superior Court, 400 McAllister Street, San Francisco, CA

8 EXHIBIT 3

9 CREDIT/ DEBIT CARD TYING CASES SETTLEMENT If you purchased in ~ California since 1980 any retail products or iii. services Q from!_ businesses :::. that 0 I'D accepted or c:t issued ::;. n Visa- or a~ MasterCard- a. branded '~ credit or :; debit cards, ; get details 3 g abouta class action ~ settlement g at: ~ CREDIT/DEBIT CARD TYING CASES SETILEMENT If you purchased in California since 1980 any retail products or services from businesses that accepted or issued Visa- or MasterCard-branded credit or debit cards. get details about a class action settlement at CallfomlaCreditOabitGardSalllamanLcom CREDIT/DEBIT CARD If you purt:hased In California since 1980 any ~tail TYING CASES SETILEMENT CallfomlaCredltDebitCardSetllemenLcom prod!jcts or services from businesses that accepted or tssued Vtsa- or MasterCaro-branded credit or debit cants, get details about a class action settlement at

10 EXHIBIT 4

11 Credit & Debit Cards Bought from a CA Store that accepts Visa or M/C? Get Class Action Info!