In the complex and nuanced world of class notice, an often overlooked detail is how to notify class members who are or were incarcerated at the time of the events forming the basis of the underlying lawsuit subject to settlement.
This may apply to only one individual in any litigation. For example, it could involve a class member who was incarcerated during events related to a settlement that had nothing to do with the incarceration, or it could arise when the litigation concerns events that primarily or exclusively affected inmates.
Kroll has extensive experience administering settlements involving class members who are currently or were previously incarcerated. Delivering class notice to this demographic presents unique challenges, primarily centered around higher than average transience and limited access to communication channels. These difficulties can be further compounded by language and literacy gaps, distrust in institutions and the disruption of personal and community networks. These obstacles require us to move beyond a one-size-fits-all approach and implement specialized notice strategies.
Traditional Notice Methods
The bedrock principle of Kroll’s methodology in these situations is to develop a comprehensive understanding of the underlying class and their specific circumstances. By evaluating relevant demographic data and the reliability of available contact information, Kroll is able to reach class members where they are, in a way that acknowledges the communication realities of their circumstances.
In a typical settlement, notice often involves a combination of direct mail, email, and/or digital media: formats that aim to provide immediate notice and allow putative class members the opportunity to obtain more information online, by writing, or by calling a toll-free number. However, the realities of incarcerated or formerly incarcerated populations disrupt this paradigm as these class members rarely reside at the address on record and, in the case of those currently incarcerated, often lack access to standard information and response mechanisms. Traditional notice methods fall short in such an environment; meaningful outreach requires adaptability to account for the structural challenges these populations experience.
Unique Challenges and Unique Solutions
For instance, to reach current inmate class members held in Suffolk County Correctional Facilities during a period where it was alleged that the prevailing conditions were inhuman and unsanitary, Kroll devised a high-touch notification strategy to notify inmates. Included in that strategy were:
- Providing the affected facilities sealed individual notice packages containing a long form notice, claim form and return envelope for direct distribution to inmates, ensuring class members receive the documents necessary to learn about the settlement and file a claim without being hindered by the logistical correspondence limitations inside correctional facilities.
- Bolstering awareness by arranging physical notices posted in high-traffic areas of the facilities, including common rooms and law libraries.
- Utilizing traditional methods of notice to reach former inmates, such as direct mail and a comprehensive, targeted digital media campaign.
In another settlement concerning allegations related to medical, mental health and dental care provided to inmates at the Monterey County Jail, Kroll removed barriers to participating in the class action by meeting confined class members exactly where they were. Kroll also provided bilingual (English and Spanish) notices and simplified the filing process for current inmates with an innovative approach that involved collaborating with plaintiff’s counsel and jail officials to provide claim forms directly on internal jail tablets. This digital integration allowed inmates to submit claim forms directly within the facility, which jail officials then forwarded to Kroll weekly.
To ensure former inmates received an opportunity to learn about the settlement and to foster renewed trust in institutions, Kroll extended outreach into the community by distributing notice materials and claim forms to local churches and other relevant community organizations that traditionally offer trusted practical, mental, emotional and spiritual support to individuals reentering society. Kroll also undertook additional publication notice efforts focused on geographic areas where detainees or their family members were likely to be located.
International Notice Challenges
Certain factors like immigration status can exacerbate the difficulties in reaching individuals who are or were incarcerated. For example, in one engagement related to allegations that the Los Angeles County Sheriff’s Department held inmates past the end of their state criminal sentences due to immigration detainers placed by Immigration and Customs Enforcement (ICE), notification challenges proliferated largely due to the fact that upon release, many class members returned to their countries of origin. To address this, Kroll analyzed inmate data and conducted an extensive address updating protocol before mailing notice packages in English and Spanish to class members in the United States, Mexico, Guatemala, El Salvador and Costa Rica. Bilingual notices were also distributed via email, SMS, social media and digital search ads, radio, television and earned media, all of which helped to reinforce cross-border communication. Further efforts to liaise with migrant advocacy groups were also employed.
Another Unique Settlement Administration Challenge
Incarcerated class members possess abundant idle time. Therefore, perhaps unsurprisingly, there are more inmate pro se submissions to the Court than in other types of cases. Kroll has administered settlements in which inmates have sent dozens of pro se filings to the Court raising a variety of issues. These inmate pro se filings are sent by both class members and non-class members alike. Kroll researches each pro se filing and addresses the issues raised, which counsel then reports to the court.
Call Center Considerations
When settlements affect incarcerated class members, Kroll’s call centers frequently receive inquiries from family members rather than the claimants themselves. While our standard protocol restricts the disclosure of information to anyone other than class members, we recognize that direct communication with class members is often impossible in a correctional setting. With counsel’s approval, Kroll’s agents utilize an enhanced verification process that allows for discussions of class member specifics such as claim status and other details with family members. Any inquiries or questions exceeding this scope are escalated to counsel, ensuring no class member is left without a voice.
Conclusion
The cases described above remind us that notice is more than a distribution exercise, it’s a human one. Reaching incarcerated and formerly incarcerated populations requires stepping outside conventional notification frameworks and engaging with realities that shape their access to information. Whether navigating the logistical constraints of correctional facilities, bridging language gaps, addressing institutional isolation and skepticism or activating community-based networks, the work demands flexibility and creativity.
Kroll’s approach is defined by that adaptability and designed to meet class members where they are. What we’ve learned is clear: with a specialized, high-touch strategy, even highly transient and traditionally hard-to-reach individuals be provided with due process.
Contact Kroll’s Settlement Administration Team today for a consultation.
