Keepseagle v. Vilsack
No. 1:99CV03119 (D.D.C.)
This $760 million settlement involved claims that the U.S. Department of Agriculture discriminated against Native American farmers and ranchers between 1981 and 1999, denying them the same opportunities to obtain farm loans that it routinely gave to white farmers. With limited direct notice opportunities, an expansive paid media program was necessary to ensure that class members—Native American farmers, ranchers, and their heirs—learned about the settlement and their rights. The initial notice program and a supplemental program were also designed to make class members aware of regional meetings across the country where they could get more information and assistance in filing a claim. Kinsella Media placed advertisements in tribal, regional, and national Native American media; regional and national agricultural trade publications; and a mass newspaper supplement targeted primarily at rural areas nationwide. The program also included a radio component (ads in English and Navajo), with placement in key markets with significant concentrations of Native American farmers and ranchers along with Native American networks. Internet banner ads on local and national Native American-focused websites supported the print and broadcast aspects of the media program. Kinsella also implemented an earned media program that generated additional free media coverage.
In re Black Farmers Discrimination Litigation
MDL No. 08-mc-511 (D.D.C.)
Kinsella Media designed and implemented a comprehensive notice plan to reach African American farmers and ranchers in this $1.25 billion settlement. Class members experienced farm loan discrimination by the USDA between 1981 and 1996 and had missed the original claims deadline in the Pigford v. Glickman (“Pigford”) case, also known as the Black Farmer case. A robust direct notice program, using an easily understandable postcard that directed people to a toll-free number or website for more information, was supported by paid and earned media efforts. The paid media program was structured around advertisements placed in African American and community newspapers, farming and ranching trade publications, and national newspaper supplement combined with spots aired on radio stations included in two large African-American networks as well as targeted local radio and agricultural radio in areas with the highest numbers of class members. To provide additional coverage and in particular to reach heirs, who were included in the class definition, Kinsella Media also included Internet banner ads on African-American focused websites such as theGrio.com, AOL Black Voices, and Interactive One Network and a print advertisement in Jet. Kinsella also implemented an earned media program that generated additional free media coverage.
Cobell v. Salazar
No. 1:96CV01285 (D.D.C.)
In this $3.4 billion settlement—believed to be the largest civil rights settlement in history with the federal government—Kinsella Media implemented an extensive notice program that combined direct, paid, and earned media with third-party outreach to reach Native American class members including heirs. The case claimed the U.S. Department of the Interior mismanaged trust funds and assets belonging to over 500,000 Individual Indian Money (IIM) account holders, and due to the nature and duration of the case, a comprehensive list of class members was not available. The notice program included direct notice supported by TV and radio ads in targeted areas around the country, ads in more than 75 Native American publications and tribal newsletters, and Internet advertising on Native American websites. Kinsella also oversaw a broad earned media campaign, which included distribution of a press release to Native American publications, as well as national and local mainstream publications, and follow-up to these publications to encourage media coverage of the settlement. To complement paid and earned media efforts, Kinsella constructed a plan of layered community outreach with over 1,800 tribal governments, non-profit organizations, and commercial enterprises participating in the Notice Program by hanging posters, showing a video about the settlement (which was translated into eight Native American languages and Spanish), and distributing flyers about the settlement.