DECLARATION OF KATHERINE KINSELLA

1

UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF PENNSYLVANIA

STANFORD GLABERSON, et. al.,

Plaintiffs, 

v. 

COMCAST CORPORATION, et. al.,

Defendants.

Civil Action No. 03-6604 (JP)

DECLARATION OF 

KATHERINE KINSELLA 

REGARDING IMPLEMENTATION OF 

OFO CLASS NOTICE PLAN

DECLARATION OF KATHERINE KINSELLA

Katherine Kinsella, being duly sworn, deposes and says:

I. INTRODUCTION

1. I am the founder and former president of Kinsella Media, LLC (“KM”), an advertising 

and notification consulting firm in Washington, D.C. that specializes in the design and 

implementation of notification programs to reach unidentified putative class members 

primarily in consumer and antitrust class actions and claimants in bankruptcy and mass 

tort litigation. My business address is 2001 Pennsylvania Avenue NW, Suite 300, 

Washington, D.C. 20006. My telephone number is (202) 686-4111.

2. I submit this declaration in connection with the class action Notice Program in

Glaberson v. Comcast Corp. I previously submitted a declaration, executed October 14, 

2014, outlining my credentials and describing the Notice Program designed by KM. 

The Court approved the Notice Program on December 12, 2014. This declaration 

outlines the implementation of the Notice Program and the measures taken to provide 

the best notice of the Proposed Settlement that was practicable under the circumstances.

3. This declaration is based upon my personal knowledge and upon information provided 

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 1 of 8
DECLARATION OF KATHERINE KINSELLA

2

by Plaintiffs’ and Defendants’ Counsel, my associates, and my staff. The information is 

of a type reasonably relied upon in the fields of advertising, media, and 

communications. I make this statement as an independent expert in the design and 

implementation of notification plans.

II. NOTICE PLAN OVERVIEW

4. The objective of the Notice Plan was to provide adequate notice of the Proposed 

Settlement to Class Members who are defined as follows:

All cable television customers who 1) currently subscribe or 2) previously subscribed at 

any time from January 1, 2003 to December 31, 2008, to video programming services 

(other than solely to basic cable services) from Comcast, or any of its subsidiaries or 

affiliates, in the counties of Bucks, Chester, Delaware, Montgomery and Philadelphia, 

Pennsylvania. The Class excludes governmental entities, Defendants, Defendants’ 

subsidiaries and affiliates, and this Court.

5. The Notice Plan was designed to inform potential Class Members that a proposed 

Settlement has been reached in this case and that their rights may be affected.

6. The following three-part Notice Program was designed and implemented: 

a) Direct notice by bill insert and email to current Comcast subscribers; 

b) Broad notice through the use of paid media, including newspaper publication and 

local cable television; and

c) Extended notice through an Internet website.

Direct Notice

7. Direct mail notice consisted of Comcast sending a Summary Notice to potential Class 

Members to inform them of their rights and how they could participate in the Proposed 

Settlement. 

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 2 of 8
DECLARATION OF KATHERINE KINSELLA

3

8. It is my understanding that Comcast initiated direct mail notice as part of their ordinary 

billing procedures. The Summary Notice was mailed as a “notice insert” with their 

monthly bill to Current Subscriber Class Members who are regularly billed by Comcast 

by mail, or by email to Current Subscriber Class Members who regularly receive email 

notice of their bills, during the March 1, 2015, to March 28, 2015, billing cycle in the 

Philadelphia area.

9. The Summary Notice prominently displayed the telephone number and Settlement 

website where Class Members could request the Detailed Notice.

10. The Detailed Notice was distributed via first-class mail to anyone who called the toll-free 

information line or wrote or emailed the Claims Administrator to request one. The

Detailed Notice has also been available since January 9, 2015, on the Settlement Website, 

www.CableSettlement.com, as a PDF file (in both English and Spanish). 

11. Also, on March 20, 2015, the Settlement Administrator, Rust Consulting, Inc. (“Rust”), 

mailed a follow-up Postcard Notice to 9,170 Current Commercial Subscribers to clarify 

the benefits available to them. This Postcard Notice to Current Commercial Subscribers 

was mailed based on the agreement of the Parties after Comcast’s Counsel indicated that 

Comcast was unable, due to certain contractual provisions, to provide one of the free 

Settlement benefits (the option of receiving six free pay-per-view movies) to Current 

Commercial Subscribers. The Postcard Notice to Current Commercial Subscribers 

informed them that this option was not available to them. I understand that all other 

benefits available to Class Members who are Current Subscribers under the Settlement

are available to Current Commercial Subscribers.

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 3 of 8
DECLARATION OF KATHERINE KINSELLA

4

12. Specific information regarding the direct mail portion of the Notice Program is provided 

in the Declaration of Joel Botzet of Rust Consulting, Inc.

Media Notice Program

13. The Media Notice Program was designed to specifically reach consumers who no longer 

subscribe to Comcast cable services and would not be reached by Direct Notice. It used 

both print and broadcast media. All advertising carried a toll-free number and the 

Settlement Website address for potential Class Members to request or access the Detailed 

Notice.

14. The Publication Notice appeared in the following newspapers1:

Newspaper Ad Dimensions Page Date Circulation

Allentown Morning Call 4.195” x 7” A10 March 29, 2015 127,512

Beaver County Times 5.05” x 7” A5 March 29, 2015 31,041

Bedford Gazette 5.75” x 7” 3 March 28, 2015 10,838

Carlisle Sentinel 4.888” x 7” A5 March 29, 2015 12,974

Centre Daily Times 5.042” x 7” A3 March 29, 2015 22,883

Courier Express 5.5” x 7” B3 March 29, 2015 13,561

Daily News – Huntingdon 5.75” x 7” A11 March 28, 2015 9,035

Delaware County Daily Times 5.06” x 7” 14 March 29, 2015 28,284

Derrick News 5.55” x 7” 5 March 27, 2015 27,575

Easton Express-Times 5.388” x 7” A9 March 29, 2015 35,468

 1 Parade’s circulation dropped in 2015, and it was no longer distributed in some newspapers. To maintain the Notice 

Plan we reported to the Court, we placed the publication notice as a regular advertisement in the news section of

each of the individual newspapers (except for the DuBois Tri-County Sunday, Bucks County Courier Times, 

Philadelphia Savings, Sunbury Daily Item, and Allentown (Hoy). The advertisement appeared in the news section 

and did not appear as part of the Parade supplement. The difference in newspapers did not affect the overall reach 

of the Notice Program because the regions covered by the DuBois Tri-County Sunday, Bucks County Courier Times, 

Philadelphia Savings, and Sunbury Daily Item were covered by other newspapers in the plan. Also, Allentown 

(Hoy) is no longer published, so we placed the advertisement in The Morning Call, the primary newspaper in 

Allentown.

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 4 of 8
DECLARATION OF KATHERINE KINSELLA

5

Erie Times-News 4.75” x 7” 3A March 29, 2015 60,957

Gettysburg Times 5.25” x 7” A5 March 27, 2015 9,392

Harrisburg Patriot-News 5.37” x 7” D3 March 29, 2015 125,054

Hazelton Standard Speaker 4.888” x 7” A5 March 29, 2015 15,992

Johnstown Tribune Democrat 5.75” x 7” A9 March 29, 2015 30,234

Lancaster Sunday News 5.45” x 7” A5 March 29, 2015 90,009

Latrobe Bulletin 5.75” x 7” A7 March 28, 2015 8,031

New Castle News 5.083” x 7” A3 March 28, 2015 12,727

Norristown Times Herald 4.888” x 7” 2A March 29, 2015 19,904

Philadelphia Inquirer/Daily News 4.944” x 7” A4 March 29, 2015 465,835

Pittsburgh Post-Gazette 5.687” x 7” A11 March 29, 2015 241,470

Pottstown Mercury 4.888” x 7” C11 March 29, 2015 24,601

Pottsville Republican Herald 4.888” x 7” B7 March 29, 2015 21,553

Reading Eagle 5.75” x 7” A11 March 29, 2015 64,329

Record Herald 5.05” x 7” A7 March 28, 2015 9,500

Sayre Morning Times 5.125” x 7” A9 March 28, 2015 6,000

Scranton Times-Tribune 4.888” x 7” A7 March 29, 2015 53,697

Shamokin News-Item 4.888” x 7” A9 March 29, 2015 7,414

Sharon Herald 5.097” x 7” A3 March 29, 2015 15,856

State College Daily Times 5.032” x 7” A3 March 29, 2015 22,883

Stroudsburg Pocono Record 5.708” x 7” D7 March 29, 2015 15,837

The Intelligencer 4.986” x 7” A15 March 29, 2015 31,972

Times Leader Wilkes-Barre 4.87” x 7” 13A March 29, 2015 39,126

Towanda Daily Review 4.888” x 7” A7 March 29, 2015 8,091

Tyrone Daily Herald 5.75” x 7” A7 March 28, 2015 8,000

Uniontown Herald Standard 4.888” x 7” C6 March 29, 2015 20,175

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 5 of 8
DECLARATION OF KATHERINE KINSELLA

6

Washington Observer Reporter 4.888” x 7” A2 March 29, 2015 31,392

Wayne Independent 5.083” x 7” A3 March 28, 2015 2,972

West Chester Daily Local News 4.888” x 7” 8A March 29, 2015 24,364

Williamsport Sun Gazette 4.95” x 7” B4 March 29, 2015 26,721

15. A 30-second television commercial (“TV Spot”), which prominently featured the toll-free 

number and the Settlement Website address, ran from March 16, 2015, to March 29, 

2015, across local market cable channels in Philadelphia. The TV spots ran throughout 

the day in different program environments in order to reach the highest number of 

viewers. The TV Spots delivered an estimated 12 gross rating points (“GRPs”)2, 

resulting in an estimated 86,923,800 gross impressions.3,4 A copy of the TV Spot script 

is attached as Exhibit 1.

Effectiveness of Notice Program

16. The two basic measurements used to measure media penetration of a targeted 

demographic and ensure the adequacy of a notice program are reach and frequency. 

Reach is the estimated percentage of a target audience reached one or more times by a 

media vehicle. Frequency is the estimated average number of opportunities the audience 

member has to see the notice. 

17. The Media Notice Program, which included both print and television advertising as 

outlined above, delivered the following estimated reach and frequency measurements: an 

 2 Gross Rating Points (GRPs) represent the sum of all ratings delivered by the media vehicles in a schedule. A rating is the 

percentage of households or persons in the target audience who have been exposed to the media vehicles in the schedule. One 

GRP equals 1% of a given target population.

3 Gross impressions are the total number of times a media vehicle containing the Notice is seen. This figure does not represent 

the total number of unique viewers of the Notice, as some viewers/readers will see the Notice in more than one media vehicle. 4 The TV spots ran as planned, but the final number of gross impressions and GRPs will not be available until KM receives the 

post-buy analysis in June 2015.

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 6 of 8
DECLARATION OF KATHERINE KINSELLA

7

estimated 90.8%5 of Adults 35+ in Philadelphia were reached with an average estimated 

frequency of 1.5 times. 

Plain Language Notices

18. Rule 23(c)(2) of the Federal Rules of Civil Procedure requires that class action notices 

must be written in "plain, easily understood language." My staff and I drafted the 

Notices in collaboration with Plaintiffs’ and Defendants’ Counsel. We applied the plain

language requirement of Fed. R. Civ. P. 23(c)(2) in developing the Notices. KM

maintains a strong commitment to adhering to the plain language requirement while 

drawing on its experience and expertise to draft notices that effectively convey the 

necessary information to potential Settlement Class Members.

Other

19. On January 9, 2015, a Settlement website was established at www.CableSettlement.com,

enabling potential Class Members to acquire additional information on the Settlement

and file a claim.

20. On January 9, 2015, an email address was established at info@cablesettlement.com to 

enable potential Settlement Class Members to get information on the Settlement. 

21. On January 9, 2015, a toll-free number was established to enable potential Settlement 

Class Members to get information on the Settlement.

III. CONCLUSION

22. It is my opinion that the reach of the target audience and the number of exposure 

opportunities to the notice information is the best notice practicable under the 

circumstances, and it is consistent with the standards employed by KM in notification 

 5 This calculation includes an estimated direct notice reach (of 81.9%) from information provided by Defendants’ Counsel.

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 7 of 8
DECLARATION OF KATHERINE KINSELLA

8

programs designed to reach unidentified members of settlement groups or classes. The 

Notice Program, as designed and implemented, is fully compliant with Rule 23 of the 

Federal Rules of Civil Procedure and satisfies due process requirements.

I declare under penalty of perjury that the foregoing is true and correct. Executed on May 6,

2015, in Washington, D.C.

Katherine Kinsella

Case 2:03-cv-06604-JP Document 623 Filed 05/11/15 Page 8 of 8