Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually incurred. The Settlement Administrator is authorized to contact any Settlement Class Member (through the information provided on the Settlement Class Member’s Claim Form) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall determine, in accordance with the terms and conditions of the Settlement Agreement and the Settlement Administration Protocol attached as Exhibit F, whether and to what extent documentation for losses reflects valid losses actually and reasonably incurred and, for Tier 1 losses (as that term is used in Paragraph 42(a) of this Agreement), reflects losses that are fairly traceable to the Incident, but may consult with Class Counsel and Filters Fast’s Counsel in making individual determinations. In assessing what qualifies as “fairly traceable,” the Settlement Administrator will consider whether the timing of the loss occurred on or after July 15, 2019; and (ii) services incurred to address identity theft or fraud on or after the documented fraudulent transaction (so long as that transaction occurred after July 15, 2019) shall be presumed “reasonably incurred.” The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually incurred that are fairly traceable to the Data Incident, but may consult with Class Counsel and RPM’s Counsel in making individual determinations. In assessing what qualifies as “fairly traceable,” the Parties agree to instruct the Settlement Administrator to consider (i) whether the timing of the loss occurred on or after April 8, 2021; and/or (ii) whether the Personal Information used to commit identity theft or fraud consisted of the same type of Personal Information that was potentially impacted as a result of the Data Incident. The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually incurred that are fairly traceable to the Data Security Incident but may consult with Class Counsel in making individual determinations. In assessing what qualifies as “fairly traceable,” the Settlement Administrator will consider (i) whether the timing of the loss occurred on or after May 1, 2018; and (ii) whether the Personal Information used to commit identity theft or fraud consisted of the type of Personal Information identified in Paysafe’s notices of the Data Security Incident. Costs expended for mitigation measures like credit monitoring services, fraud resolution services, and professional services incurred to address identity theft or fraud on or after May 1, 2018, shall be presumed “reasonably incurred.” The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually incurred that are fairly traceable to the Data Breach, but may consult with Class Counsel and Xxxx’s Counsel in making individual determinations. Any such consultation shall be made with both Class Counsel and Ibex’s Counsel. In assessing what qualifies as “fairly traceable,” the Parties agree to instruct the Settlement Administrator to consider (i) whether the timing of the loss occurred on or after July 27, 2020; and (ii) whether the Personal Information used to commit identity theft or fraud consisted of the same type of Personal Information that was potentially impacted as a result of the Data Incident. The Settlement Administrator is authorized to contact any Settlement Class Member (through the information provided on the Settlement Class Member’s Claim Form) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually incurred that are fairly traceable to the Data Security Incident, but may consult with Class Counsel in making individual determinations. In assessing what qualifies as “fairly traceable,” the Settlement Administrator will consider (i) whether the timing of the loss occurred on or after November 22, 2021; and (ii) whether the Personal Information used to commit identity theft or fraud consisted of the type of Personal Information identified in Xxxxx Health’s notices of the Data Security Incident. Costs expended for mitigation measures like credit monitoring services, fraud resolution services, and professional services incurred to address identity theft or fraud on or after November 22, 2021 shall be presumed “reasonably incurred.” The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member and whether the Claim submission was timely. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually and reasonably incurred; however, the Settlement Administrator may consult with Class Counsel and DOL’s Counsel in making individual determinations. In assessing what qualifies as more likely than not caused by the Data Breach, the Settlement Administrator will consider (i) whether the timing of the loss occurred on or after January 16, 2022; (ii) whether the Personal Information used to commit identity theft or fraud consisted of the type of Personal Information identified in DOL’s notices of the Data Breach; and
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Ordinary Losses actually and reasonably incurred and, for Extraordinary Losses (as that term is used in Paragraph 39(b) of this Agreement), reflects losses that are fairly traceable to the Data Breach. The Settlement Administrator may consult with Class Counsel and Centerstone’s Counsel in making individual determinations. In assessing what qualifies as fairly traceable, the Settlement Administrator will consider (i) whether the timing of the loss occurred on or after November 1, 2021 (or for credit monitoring service cost claimed, after August 2, 2022); and (ii) whether the Personal Information used to commit identity theft or fraud consisted of the type of Personal Information identified in Centerstone’s notices of the Data Breach. Costs expended for mitigation measures like fraud resolution services, and professional services incurred to address identity theft or fraud on or after November 1, 2021, or on or after August 2, 2022 for credit monitoring services, shall be presumed to have been “reasonably incurred.” The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member and whether the claim submission was timely. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Ordinary Losses actually and reasonably incurred and, for Extraordinary Losses (as that term is used in Paragraph 48c of this Agreement), reflects losses that are “more than likely caused by” the Data Incident; however, the Settlement Administrator may consult with Class Counsel and Defendant's Counsel in making individual determinations. In assessing what qualifies as more likely than not caused by the Data Incident, the Settlement Administrator will consider (i) whether the timing of the loss occurred on or after October 12, 2021, (ii) whether the Personal Information used to commit identity theft or fraud consisted of the type of Personal Information identified in Defendant's Notice of the Data Incident, and (iii) whether the documentation is valid and credible. The Settlement Administrator is authorized to contact any Settlement Class Member (by email, telephone, or U.S. Mail) to seek clarification regarding a submitted claim prior to deciding its validity and may also consider evidence provided by Defendant.
Assessing Claims for Out-of-Pocket Losses. The Settlement Administrator shall verify that each person who submits a Claim Form is a Settlement Class Member. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Out-of-Pocket Losses reflects valid Out-of-Pocket Losses actually and reasonably incurred and, for extraordinary losses (as that term is used in paragraph 50 of this Agreement), reflects losses that are fairly traceable to the Data Breach, but may consult with Class Counsel in making individual determinations. In assessing what qualifies as “fairly traceable,” the Settlement Administrator will consider (i) whether the timing of the loss occurred on or after February 1, 2020; and (ii) whether the Personal Information used to commit identity theft or fraud consisted of the type of Personal Information identified in ICCU’s notices of the Data Breach. Costs expended for mitigation measures like credit monitoring services, fraud resolution services, and professional services incurred to address identity theft or fraud on or after February 1, 2020 shall be presumed “reasonably incurred.” The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted claim prior to making a determination as to its validity.
