Response Fees
How, When and How Much
At Safari, we hear a lot of questions about how companies set and collect reasonable fees for responding to routine information requests. Here are some examples of what we’ve seen.
How do we determine a fee?
The criteria will vary, of course, and your best source of information is the team that actually handles these requests—but these are some factors to consider.- Number of accounts to be searched
- Number of systems to be searched
- Date range, particularly if the range implicates legacy data
- Number of categories of records requested
- Response time: if easily estimated charge fixed fee; otherwise hourly
- System capabilities: such as legacy systems that lack batch printing, need to be searched manually, and/or pull docs individually
- Need to retrieve from offsite storage or other third parties who have custody
- Issuer: law enforcement/government agency versus private party to civil litigation
- Jurisdiction: some state rules impose limits (e.g. California caps at $24/hour)
QUICK FACT: Using Safari’s automated invoice and collection, Red Robin recovers $100+ per subpoena.
What about actual amounts?
Here are some numbers we’ve seen companies charging for civil subpoenas: Hourly Fees- Range of $30 - $75 per hour, sometimes with minimums of one quarter to one hour
- $30 up to 2 hours; plus $30 per each additional hour
- $75 per hour for “junior staff” to compile response
- $90 up to 2 hours, $30 per each additional hour
- $50 per request, plus $5 - $10 per-account charges
- $50 per account
- $100 - $350 per request
- $0.25 per page
- $0.50 per page over 25 pages
- $4 - $10 per CD
- $22 for overnight delivery
- $15 minimum, or actual cost if over $15
Response Fees How, When and How Much
What about burdensome requests?
It’s common to include a statement specifically retaining rights to charge more for burdensome requests. A company might also provide that they will contact the issuer to arrange prepayment before fulfilling a broader request (e.g., more than 15 accounts, more than 100 pages, two or more hours to process).
QUICK FACT: Logix Federal Credit Union previously sought cost recovery only if a response was delivered via FedEx. Now, with consistent invoicing through Safari, their average recovery increased by 50%.
How do we collect?
Collection efforts range from sending an invoice with the production and hoping for payment to explicitly requiring payment before providing responsive records.Progressive companies are using Safari, which offers a built-in paywall to collect payment prior to making responsive documents available.
QUICK FACT: Using Safari, Mountain America Credit Union increased average cost recovery per information request from $24 to $96.
Put Your Decisions into Action with
Safari’s SecureShare™ Portal
Once you establish your policies and amounts you will charge, the next step is to decide how you will put your process into action. Safari was specifically designed to meet that challenge with a built-in response delivery and cost recovery portal. Here's an overview:
CORPORATION
Uploads Files to Safari
Selects Delivery Method
Sets Cost Recovery Options
SAFARI
Creates Invoice & Portal
Notifies Issuer via Email/Fax
Presents Paywall & Receipt
ISSUER
Logs into Secure Portal
Pays via Online Paywall
Downloads Files & Confirms
Cost Recovery with the SecureShare Portal
1. Delivery Setup
Safari includes a wizard to guide you through cost recovery and response delivery. It is the only solution that offers two-factor authentication with encrypted delivery and automatic invoice generation.
You can pre-configure invoices and Safari will auto-generate them when the files are delivered.
2. Email/Fax Notification
Once you configure the delivery options, Safari sends notification to the subpoena issuer with step-by-step instructions explaining how to retrieve the response files.
To minimize the appearance of spam or spoofing, all communications include indentifying info (such as case number. and date) that are unique, specific to the issuer, and not readily known.
Cost Recovery with the SecureShare Portal
3. Portal Access
The link in the notification email sends the issuer to the portal login which always requires both a Response ID and a Passcode. Sending these keys separately ensures the files can only be accessed by the intended recipient and you are dealing with a valid issuer.
The Two-factor response ID and passcode are generated by Safari and securely delivered.
4. Paywall Cost Recovery
If you are requesting that the issuer reimburse your response costs, they will be prompted to pay with a credit card before they can continue. Safari presents an invoice as well as a list of the files that will be available for download once payment is complete.
For added security, the portal is only open for 14 days—however it may be extended if needed.
Cost Recovery with the SecureShare Portal
5. File Download
Once authentication and payment is complete, the issuer can download the response files (as a combined .zip or individually). When the issuer confirms receipt, Safari immediately closes the portal and deletes the response files on the SecureShare server.
SecureShare automates every step in the process from file hosting to invoice and receipt creation.
6. Delivery Monitoring
Companies can monitor portal access and activity from one integrated solution.
Companies can close or extend the portal, or revise the files to be delivered at any time.