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UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

THOMAS IGLESIAS, individually and on 

behalf of all other similarly situated

Plaintiff, 

vs. 

FERRARA CANDY CO., and DOES 1 

through 10, inclusive, 

Defendants. 

Case No. 3:17-CV-00849-VC 

DECLARATION OF MARK SCHEY 

REGARDING CLASS NOTICE AND 

ADMINISTRATION IN SUPPORT OF 

PLAINTIFF’S MOTION FOR FINAL 

APPROVAL

Case 3:17-cv-00849-VC Document 84-2 Filed 09/20/18 Page 1 of 23
 

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DECLARATION OF MARK SCHEY 

I, MARK SCHEY, declare: 

1. I am a founding partner of Digital Settlement Group, LLC (“DSG”), a company 

that provides class action notice and claims administration. The following statements are based 

on my personal knowledge and information provided by other DSG principals and employees 

working under my supervision, and if called upon to do so, I could and would testify 

competently about these issues. 

2. The key purpose of this Declaration is to provide the Court with information 

regarding (a) DSG’s implementation of the Notice Plan, including reach and efficiency, and (b) 

the reaction of the Settlement Class members to the Settlement. 

3. As the Class Action Settlement Administrator for the Settlement in the abovecaptioned case, DSG has performed the following duties: (1) arranging for the distribution of 

the Class Notice and Claim Forms to Settlement Class Members; (2) arranging for publication 

of the Publication Notice; (3) answering written inquiries from Settlement Class Members 

and/or forwarding such inquiries to Class Counsel or their designee; (4) receiving and 

maintaining on behalf of the Court and the Parties any Settlement Class Member 

correspondence regarding requests for exclusion from the Settlement; (5) establishing the 

Settlement Website that posts notices, Claim Forms, and other related documents; (6) 

establishing a toll-free telephone number; (7) receiving and processing claims; (8) submitting a 

declaration attesting to the dissemination of the Class Notice and the number of claims received; 

(9) distributing the CAFA noticing (10) providing timely reporting to Counsel throughout the 

notice and claims process to allow for thorough oversight. 

4. DSG acted in compliance with the notice procedures set forth above and as set 

forth in the Settlement Agreement, which the Court endorsed in its preliminary approval order. 

(Dkt. 80). 

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CASE BACKGROUND AND TARGETED CLASS 

5. In this case, Plaintiff alleges the Defendant packaged its boxed candy products in 

oversized packaging with nonfunctional empty space. 

6. The Settlement Class includes: all residents of the United States who purchased 

one or more cardboard boxes of Jujyfruits®, Jujubes®, Now & Later®, Lemonhead®, 

Applehead®, Cherryhead®, Grapehead®, RedHots®, Trolli®, Chuckles®, Black Forest®, 

Jawbuster®, Jawbreaker®, Brach’s®, Boston Baked Beans®, Super Bubble®, Rainblo®, or 

Atomic Fireball candy, or any flavors or varieties of them (“Settlement Class Products”), 

between February 21, 2013 and June 21, 2018. 

OVERVIEW OF THE NOTICE PLAN 

7. This Litigation1 involves Products sold predominantly at movie theater locations 

and retail, so the identity of purchasing Class Members is not readily known. In such cases, 

Internet and publication notice is the best way to inform Class Members about the Settlement. 

Digital Settlement Group relies heavily on recommendations from the Federal Judicial Center's 

Judges’ Class Action Notice and Claims Process Checklist and Plain Language Guide (“Claims 

Guide”) in designing its notice plans. 

8. DSG developed a comprehensive notice program consisting of efficient media 

vehicles with the objective of reaching a substantial portion of Class Members. An overview of 

the notice plan is outlined in this paragraph. DSG believes this provides the best practicable 

methods to reach potential class members and has seen successful results in similar plans with 

similar class members. 

a. A Settlement Website (www.ferraracandysettlement.com), e-mail address 

(info@ferraracandysettlement.com), telephone number (877-452-8477), and address 

 

1 All defined terms contained herein shall have the same meanings as set forth in the Settlement 

Agreement and Release between the parties. 

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(8001 Broadway, Ste 200 Merrillville, IN 46410) were set up on July 16, 2018. This 

information was provided on the Settlement Website and in the print and digital 

notifications discussed below. 

b. The Settlement Website sets forth, in large text, the deadlines for claims, objections, 

and requests for exclusion from the Settlement Classes as well as the date of the 

Final Fairness Hearing. It also contains easily accessible links to the short- and longform notices, Preliminary Approval Order, Settlement Agreement, Amended 

Settlement Agreement, Fourth Amended Class Action Complaint, and Motion for 

Attorneys’ Fees and supporting documents.

c. A national Press Release was distributed on July 26, 2018 through the PR Newswire 

Network, which reaches nearly 4,500 United States websites, distributes multimedia 

to more than 2,500 websites and has social media distribution across Twitter, 

Facebook, and LinkedIn. 

d. Three print publications ran in the August 6, 2018 issue of Soap Opera Digest, in the 

August 13, 2018 issue of National Enquirer and the August 6, 2018 issue of Life & 

Style, using the short-form notice approved by the Court. These reached 

approximately 13.7 Million adults in the United States. 

e. The Internet notice began on July 26, 2018 and continued for a period of 30 days 

until August 25, 2018. This campaign achieved approximately 111,619,999 display 

and search impressions on top-tier networks, including Google, Facebook, Yahoo

and Movie specific sites including Fandango, MovieTickets, Moviefone and 

RottenTomatoes. 

f. All Internet advertisements directed potential Class Members to the Settlement 

Website, where they were able to download all important documents, review 

frequently asked questions (in English and Spanish), and file a claim. A toll-free 

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number with an Interactive Voice Response (“IVR”) system was and is also 

available to answer potential questions. 

g. Weekly reports regarding claim submissions were provided to Class Counsel one 

week after the Internet notice campaign began. Additional reporting will continue 

after Final Approval to ensure proper oversight of the noticing and claims process. 

9. One of the concerns noted in the Claims Guide is that claims administrators are 

“often accountants by training and may lack personal knowledge or the training to conduct 

reach analyses.” DSG, however, has extensive expertise in marketing and media-planning that is 

essential to conducting reach analysis that has been approved by Courts in similar cases with a 

large indirect purchaser class. 

10. The notice plan is supported by “unbiased evidence supporting the plan’s 

adequacy”2

 as recommended by the Claims Guide. DSG uses industry-standard reporting tools 

from GfK MRI and comScore. GfK MRI is part of the GfK Group, the fourth largest market 

research organization worldwide. They are a leader in supplying the audience data for almost all 

national print campaigns in the country, and their Survey of the American Consumer produces 

one of the country’s largest and most current database of consumer behavior, media usage, and 

consumer motivations. comScore is the leading cross-platform measurement company that 

provides independent data, metrics, products, and services to clients in the media, advertising, 

and marketing industries. They provide digital media analytics that help advertisers understand 

the composition, reach, and frequency of consumer media audiences. The accuracy of reporting 

from both GfK MRI and comScore has been approved by Courts in previous notice plans we 

have developed. 

 

2

 See Claims Guide. 

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11. Our notice programs created the best practicable plan because they were 

designed in the same way a company would design an advertising campaign to sell that very 

same product. In addition, the methods used have been approved in multiple cases with a 

substantial indirect purchaser class. See Garcia, Final Judgment and Order of Dismissal at ¶¶9-

10 [Dkt. 196]. 

12. In compliance with the Class Action Fairness Act (“CAFA”), 28 U.S.C. Section 

1715, DSG prepared a CAFA Notification Packet which was distributed to 57 Attorney Generals 

on May 18, 2018. A true and correct copy of the cover letter is attached as Exhibit A. DSG 

compiled and included with each CAFA Notification mailing a CD-ROM containing the 

following documents: the Class Action Complaint, First Amended Complaint, Second Amended 

Complaint, Plaintiffs’ Notice of Motion and Motion for Preliminary Approval of Partial 

Settlement and Memorandum of Law in Support, Declaration of Ryan J. Clarkson in Support of 

Preliminary Approval of Class Action Settlement, Class Action Settlement Agreement, 

[Proposed] Order Granting Preliminary Approval of Class Action Settlement, & Forms of Notice 

i.e. the Settlement Proof of Claim Form, Long Form Notice, and the Class Action Summary 

Notice. 

13. DSG served the CAFA Notification Packets from the U.S. Post Office in 

Merrillville, Indiana to the Attorney General of the United States, the Attorneys General of each 

of the 50 States and the District of Columbia, and the Attorneys General of the 5 recognized U.S. 

Territories. 

14. As of the date of this declaration, DSG has received no response to the CAFA 

Notification Packets from any of the recipients. 

THE REACTION OF THE CLASS AND REACH OF THE CAMPAIGN 

15. During the Claims Period (July 16, 2018 to September 20, 2018), the telephone 

number established by DSG received 197 calls and 26 messages and 25 calls were placed. This 

represents approximately 384 minutes of use. 

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16. DSG exchanged approximately 210 e-mails through the address info@ 

ferraracandysettlement.com. 

17. DSG received 11 mail-in requests for more information and sent out 22 mailers, 

which contained Claim Forms (20), Copies of Frequently Asked Questions (1) and Copies of 

the Short Form Notice (1). 

18. The Internet notice campaign delivered a total of 111,619,999 impressions. 

19. The Settlement Website received 6,883,148 hits. 

20. DSG received 0 Optouts, 0 Exclusions, and 2 objections. 

21. The first objection was emailed to DSG by Anne Marquis on August 26, 2018. A 

true and correct copy is attached hereto as Exhibit B. 

22. The second objection was emailed to Class Counsel by Patrick Sweeney, pro se, 

on September 13, 2018, and Class Counsel immediately forwarded it to DSG. A true and correct 

copy is attached hereto as Exhibit C.

23. The entire campaign reached at least 70 percent of the adult Internet users who 

fell into the targeted group, 13.7 million consumers through its print ads and 8.9 Million 

through the Press Release. 

24. During the Claims Period, DSG received 80,208 valid claims seeking 

reimbursement for 1,404,729 boxes of candy. Of those, 299 claimed to include proof of 

purchase. This count is before any validation or duplication practices. 

25. The pro rata distribution of the Settlement Fund is estimated at $.82 per box with 

an average of $14.28 per claim. This pro rata includes the initial Administration Fees, estimated 

check fees, all Attorney’s Fees, the Plaintiff’s service award, but is prior to any additional 

Administrative or check fees, remaining claims within deadline, invalid, duplicate or fraudulent 

claims. 

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CONSUMER PUBLICATIONS 

26. Three print publications were selected for their efficiency and reach with the 

targeted class. While the Internet has a high saturation of consumer product customers (and 

continues to grow), a targeted print publication element has been proposed to ensure that 

potential class members with limited Internet access or usage are not neglected. 

27. To develop the print notice, both proprietary data from previous notice plans and 

GfK MRI was used to evaluate the reach to the class. As noted earlier, the goal of the campaign 

is to reach adults, aged 18 and older, who have demonstrated an interest in products similar to 

those in this class action. In addition to raw data, an extensive marketing analysis was 

performed to ensure publications targeted adults aged 18 and older in the United States. The 

print publications proposed include: 

a. Soap Opera Digest has a readership of over 2.8 million adults, and are more likely 

than average to have “candy consumers” as readers. The notice was presented in a 

black and white format. 

b. National Enquirer has a total readership of 6.6 million, and are more likely than 

average to have “candy consumers” as readers. It was presented in 1/3 page vertical 

black and white format. 

c. Life & Style has a total readership of 4.3 million, and are more likely than average to 

have “candy consumers” as readers. It was presented in 1/3 page vertical

28. By targeting widely read publications, the print publication portion was designed 

to effectively supplement the Internet notice portion of the plan. The print portion alone reached 

an estimated 13.7 million adults in the United States. 

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INTERNET ADVERTISEMENTS 

29. The Internet is an extremely powerful tool for reaching potential class members 

and driving them to the Settlement Website. According to Pew Research (2018),3 89 percent of 

all adults in the United States use the Internet, up from 76 percent in 2010. Over a decade of 

Internet marketing experience has been leveraged to design the most effective plan. 

30. The Internet notice program delivered 111,619,999 targeted Internet impressions, 

of which 411,972 were delivered via search. The remaining display impressions were served on 

the most popular and highest reach sites and networks in the United states. These Tier 1 

properties included Yahoo, Google and Facebook. Relevant behaviors, interests, and topics were 

used to target consumers who were in this class. 

31. Targeted “search term” advertisements were delivered. Per the Claims Guide, 

this is to help satisfy “extra effort” where the class is “highly concentrated.” In addition, 

contextual, in-market, topic and affinity targeting were used to ensure the most relevant 

audience. 

32. Over 3.7 Million Internet notice impressions were delivered to consumers 18+ 

who visited or searched the following popular Movie-goer websites including Fandango.com, 

Fandango App, RottenTomatoes.com, Movietickets.com and MovieFone.com. 

33. All the notice advertisements were designed to “command class members' 

attention” and “were written in a clear, concise and easily understood language.”4

 Clicking on 

the links directed the Class Member to the Settlement Website where they had quick access to a 

printable and online Claim Form. True and correct examples of the Internet advertisements are 

attached hereto as Exhibit D. 

 

3

 Data Source: http://www.pewinternet.org/fact-sheet/internet-broadband/ 

4

 See Claims Guide at 1, 5. 

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34. The notice plan was designed to reach the largest target audience in a costefficient and timely manner. Furthermore, the notice plan provided the best notice practicable, 

with reach similar to other court-approved notice plans in the same product category. It was 

designed to reach at least 70 percent of the Class, allowing for duplication across medium and 

utilizing third-party reporting tools that have been accepted in similar cases. 

CONCLUSION 

35. Based on my class action notice planning experience, described above, the 

methods utilized in this Notice Program are consistent with other effective class action 

settlement notice plans that DSG has developed and in compliance with the Parties’ Settlement 

Agreement and the Court’s preliminary approval order (Dkt. 80)

36. It is my professional opinion that the Class Action Notice Plan provided the best 

notice practicable and met the desire to actually inform. Furthermore, it provided the same reach 

and frequency evidence that Courts have approved in previous settlements. 

I declare under penalty of perjury under the laws of the State of California and the United 

States that the above is true and correct to the best of my knowledge and that this declaration was 

executed this 18th of September 2018, at 12:42 p.m. PST. 

_____________________ 

MARK SCHEY 

Digital Settlement Group, LLC 

Case 3:17-cv-00849-VC Document 84-2 Filed 09/20/18 Page 10 of 23
EXHIBIT 

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EXHIBIT 

Case 3:17-cv-00849-VC Document 84-2 Filed 09/20/18 Page 15 of 23
1

Ryan Clarkson

From: Anne Marquis <aamarqu@icloud.com>

Sent: Sunday, August 26, 2018 3:38 PM

To: info ferraracandysettlement.com

Subject: Ferraro Settlement

I object not only to the settlement, but to the lawsuit itself. Ferraro produces a variety of products, in a variety of

packaging, from sledͲconsumable to varying levels of gift packaging, all designed to protect the delicate product. Each

package has the candy quantity and weight clearly visible, and it is the responsibility of the consumer to choose the

desired size.

Sincerely,

Alyssa

Sent from my iPhone

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EXHIBIT 

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EXHIBIT 

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EXHIBIT ' – INTERNET ADVERTISEMENT EXAMPLES 

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