Common use of Claims Process Clause in Contracts

Claims Process. A. Settlement Class Members who are Former AdvancePay Accountholders are entitled to recover the Claim Amount if they timely submit a complete and Valid Claim Form to the Settlement Administrator (either electronically or in paper form) that sets forth the phone number(s) associated with their account(s) and their current address. Claim Forms shall be submitted by and signed by the Settlement Class Member, under penalty of perjury, by mailing the form to the Settlement Administrator, emailing a scanned copy of the signed Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery in accordance with Sections IV.C.i and XI.A shall be submitted to the Settlement Administrator, which will validate and administer claims and benefits. B. Claims may be submitted beginning on the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be valid. Any Settlement Class Member who files a Claim Form that is not substantially complete or in compliance with the Claim Form instructions shall be notified of the deficiency by the Settlement Administrator and shall have twenty-one (21) days to resolve any defects and submit a corrected, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim Form. The Settlement Administrator shall have the authority to make a final determination regarding the validity and amount of any such claim, which shall be final, binding, and not subject to further review. C. The Settlement Administrator will provide the Parties’ counsel with monthly reports during the Class Notice Period that set forth the number of claims filed, the number of claims determined to be valid, the approximate value of the valid claims, and the number of claims determined to be invalid.

Claims Process. A. Settlement 1. Class Members who are Former AdvancePay Accountholders are entitled to recover shall be eligible for the Claim Amount relief in this Section, if they Class Members: (a) complete and timely submit a complete and Valid Claim Form Forms, with Supporting Documentation, to the Settlement Claims Administrator pursuant to the deadlines specified in Sections III.C., III.D, and III.E, above; (b) have Claims that are eligible for reimbursement; and (c) do not opt out of the settlement. The Claim Form shall be available on the settlement website and can be submitted in either hard-copy or online. Claims must be submitted with Supporting Documentation. 2. The Settlement Notice Administrator shall receive the Claims, whether submitted electronically via the settlement website or in paper form) that sets forth the phone number(s) associated with their account(s) copy, and their current address. Claim Forms shall be submitted by and signed by the Settlement Class Member, under penalty Claims Administrator shall administer the review and processing of perjury, by mailing the form to the Settlement Administrator, emailing a scanned copy of the signed Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery in accordance with Sections IV.C.i and XI.A shall be submitted to the Settlement Administrator, which will validate and administer claims and benefits. B. Claims may be submitted beginning on the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be valid. Any Settlement Class Member who files a Claim Form that is not substantially complete or in compliance with the Claim Form instructions shall be notified of the deficiency by the Settlement Administrator and shall have twenty-one (21) days to resolve any defects and submit a corrected, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim FormClaims. The Settlement Notice Administrator shall have the authority to make determine whether Claim Forms submitted by Class Members are complete and timely. 3. If the Settlement Notice Administrator determines that a final Claim is procedurally deficient, the Settlement Notice Administrator shall mail a notice of deficiency letter to the Class Member and email notice to the Class Member if an email address was provided, requesting that the Class Member complete and/or correct the deficiencies and resubmit the Claim Form within sixty (60) days of the date of the letter and/or e-mail from the Settlement Notice Administrator. If the Class Member fails to timely provide the requested documentation or information, then the Settlement Notice Administrator shall mail an appeal letter to the Class Member, and email notice to the Class Member if an email address was provided, stating that no response has been received to the deficiency letter and that the Class Member can disagree with the Settlement Notice Administrator’s determination regarding that the validity Claim is procedurally deficient and/or provide additional documentation or information. (a) If no response is received within sixty (60) days of the date of the letter and/or e-mail from the Settlement Notice Administrator, then the Class Member’s Claim shall be closed, and amount the Class Member shall not be eligible for reimbursement of any such claimout-of-pocket expense in accordance with this Section. (b) If a response is received within sixty (60) days of the date of the letter and/or e-mail from the Settlement Notice Administrator, which then the Settlement Notice Administrator shall review the response. If the Settlement Notice Administrator determines that the deficiency in the Claim has been rectified, shall submit the Claim to the Settlement Claims Administrator in accordance with Section III.F.4. below. If the Settlement Notice Administrator determines that the claim continues to be procedurally deficient, then the Settlement Notice Administrator shall mail a letter to the Class Member, and email notice to the Class Member if an email address was provided, indicating that the Class Member’s Claim has been denied because it is procedurally deficient. 4. The Settlement Notice Administrator shall promptly provide complete and timely Claims to the Settlement Claims Administrator for review and determination of relief. The Settlement Claims Administrator shall use reasonable efforts to complete their review of complete and timely Claims within ninety (90) days of receipt. The Settlement Claims Administrator’s review period for submitted Claims shall not be required to commence any earlier than ninety (90) days after the occurrence of the Final Effective Date. (a) If accepted for payment, the Settlement Claims Administrator shall pay the Claim of the Class Member and shall use reasonable efforts to pay timely, valid, and approved Claims within sixty (60) days after approval of the Claim and the date of Final Effective Date. Toyota shall provide funds to be distributed by the Settlement Claims Administrator as they are requested. (b) If the Claim is rejected for payment, in whole or in part, the Settlement Claims Administrator shall notify the Settlement Notice Administrator. The Settlement Notice Administrator shall mail an appeal letter to the Class Member, and email notice to the Class Member if an email address was provided, stating that the Settlement Claims Administrator has determined that the Class Member’s Claim, or part of it, is not eligible for payment, that the Class Member can disagree with the determination, and that the Class Member may provide additional documentation or information if they wish to contest the determination of ineligibility within sixty (60) days. (i) If no response is received with sixty (60) days of the date of the letter and/or e-mail from the Settlement Notice Administrator, then the Class Member’s Claim shall be closed, and the Class Member shall not be eligible for reimbursement of any out-of-pocket expense in accordance with this Section. (ii) If a response is received with sixty (60) days of the date of the letter and/or e-mail from the Settlement Notice Administrator, then the Settlement Claims Administrator shall review the response. If the Settlement Claims Administrator determines that the Class Member’s Claim, or any part of it, is eligible for reimbursement, then payment shall be made in accordance with Section III.F.4. a. If the Settlement Claims Administrator determines that the Class Member’s Claim, or any part of it, continues to be ineligible for Payment, the Settlement Claims Administrator shall direct the Settlement Notice Administrator to mail a notice of rejection letter to the Class Member and email notice to the Class member if an e-mail address was provided. (c) If the Claim is rejected because it is procedurally deficient pursuant to Section III.F.3 or it is rejected for payment, in whole or in part, pursuant to Section III.F.4.b the Settlement Notice Administrator and/or the Settlement Claims Administrator shall notify Class Counsel and Toyota’s Counsel of said rejection of Class Member’s Claim and the reason(s) why within sixty (60) days of the rejection. (d) The decisions of the Settlement Notice Administrator and the Settlement Claims Administrator shall be final; provided, bindinghowever, that Class Counsel and Toyota’s Counsel may meet and confer to resolve any denied Claims. If Class Counsel and Toyota’s Counsel jointly recommend payment of the rejected Claims or payment of a reduced claim amount, then Toyota’s Counsel shall inform the Settlement Claims Administrator, who shall instruct Toyota to pay said Claims and the Settlement Notice Administrator to mail a letter to the Class Member, and not subject email notice to further reviewthe Class member if an e-mail address was provided, notifying them that the Class Member’s Claim, or part of it, will be paid. C. 5. Nothing in this Section limits the right of Toyota, in its sole discretion, to approve all Battery Reimbursement Claims and/or Out-of-Pocket Claims without review by the Settlement Claims Administrator. 6. The Settlement Claims Administrator will shall direct the Settlement Notice Administrator to provide status reports to Class Counsel and Toyota’s Counsel every six (6) months until the Partiesdistribution of the last reimbursement check, including copies of all rejection notices. Any Class Member whose Claim is rejected in full shall not receive any payment for the Claim submitted and shall, in all other respects, be bound by the terms of the Settlement Agreement and by the Final Approval Order and Final Judgment entered in the Action. Similarly, any Class Member whose Claim is approved in part and rejected in part shall not receive any payment for that portion of the Claim that is rejected and shall, in all other respects, be bound by the terms of the Settlement Agreement and by the Final Approval Order and Final Judgment entered in the Action. 7. No person shall have any claim against Toyota, the Settlement Claims Administrator, the Settlement Special Master, Class Representatives, the Class, Plaintiffs’ counsel with monthly reports during Counsel, Class Counsel, Toyota’s Counsel, or the Settlement Notice Administrator based on any eligibility determinations. 8. For any checks that are uncashed by Class Members after ninety (90) days, the Settlement Notice Administrator shall seek to contact the Class Members with the uncashed checks and have them promptly cash the checks, including, but not limited to, by reissuing checks. If the Settlement Notice Period that set forth Administrator is not successful at getting Class Members to cash a check within six (6) months of the number issuance of claims filedthe check, the number of claims determined to be valid, the approximate value amount of the valid claims, and the number of claims determined check will revert to be invalidToyota.

Claims Process. A. 57. Each member of the Settlement Class Members who are Former AdvancePay Accountholders are does not timely opt-out from the Settlement shall be a Settlement Class Member and entitled to recover make a Claim. Only one Claim per telephone number will be validated and deemed an Approved Claim. 58. To make a claim, members of the Settlement Class must submit by the Claims Deadline a valid and timely Claim Amount if they timely submit Form, a complete and Valid copy of which is attached hereto as Exhibit 3, by U.S. mail or through the Settlement Website. The Claim Form to the Settlement Administrator (either electronically or in paper form) that sets forth the phone number(s) associated with their account(s) and their current address. Claim Forms shall be submitted by and signed by contain the Settlement Class Member’s: (1) name; (2) current address; (3) telephone number(s) at which they received one or more IHP Calls; (4) a current contact telephone number; and (5) the Claimant’s unique Claimant Identification Number. If a Settlement Class Member fails to fully complete a Claim Form or the telephone number does not appear on the Call Log, under penalty of perjury, the Claim Form will be invalid and rejected by mailing the form to the Settlement Administrator, emailing a scanned copy of . The Settlement Administrator will then attempt to notify the signed Settlement Class Member that the Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery in accordance with Sections IV.C.i was deficient and XI.A shall be submitted to the Settlement Administrator, which will validate and administer claims and benefits. B. Claims may be submitted beginning on the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be validrejected. Any Settlement Class Member who files submits an incomplete or inaccurate Claim Form shall be permitted to re-submit a Claim Form that is not substantially complete by the later of the Claims Deadline or in compliance with 14 days of the sending of notice of the defect by the Settlement Administrator. 59. Approved Claim Form instructions Payments shall be notified of the deficiency sent to Settlement Class Members by the Settlement Administrator and shall have twenty-one (21) days to resolve via U.S. mail. If any defects and submit a correctedApproved Claim Payments are returned, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim Form. The Settlement Administrator shall have attempt to obtain a new mailing address for that Settlement Class Member. If after a second mailing, the authority to make a final determination regarding Approved Claim Payment is again returned, no further efforts need be taken by the validity and amount of any such claim, which shall be final, binding, and not subject to further review. C. The Settlement Administrator to resend the check. Each Approved Claim Payment will provide the Parties’ counsel with monthly reports during the Class Notice Period that set forth the number of claims filed, the number of claims determined to be valid, the approximate value of the valid claims, and the number of claims determined to be invalidnegotiable for 180 days after it is issued.

Claims Process. A. 6.1 To qualify for compensation under this Settlement, a Settlement Class Members Member who are Former AdvancePay Accountholders are entitled wishes to recover make a claim must submit a completed Claim Form (verified by such Class Member’s Solemn Declaration and supported by the requisite Supporting Documentation) to the Claims Administrator postmarked not later than the Deadline, or if there is no legible postmark, so that the Claim Amount if they timely submit a complete and Valid Form is received by the Claims Administrator not later than 5:00 p.m. Pacific time on the Deadline. The Claims Administrator shall reject any Claim Form not clearly post- marked on or before, or received prior to 5:00 p.m. Pacific Time on, the Deadline. 6.2 In the event that a Claimant seeks compensation at Tier 2 or Tier 3 and the Claims Administrator determines that the Supporting Documentation submitted in support of the claim is not sufficient to qualify the Claimant for compensation at Tier 2 or Tier 3 (as the case may be), but that the Claimant qualifies for compensation at Tier 1, then the Claims Administrator shall approve the Claimant for compensation at Tier 1. 6.3 Nothing in this Agreement shall be construed to prevent the Claims Administrator, in its sole discretion, from permitting a Claimant to remedy deficiencies in the Claimant’s Claim Form or related documentation. If the Claims Administrator notifies a Claimant of deficiencies, those deficiencies must be remedied within fifteen (15) Business Days of the date the notice is sent to the Settlement Administrator Claimant. Failure to remedy all of the deficiencies within fifteen (either electronically or 15) Business Days of the date a deficiency notice is first sent to the Claimant shall result in paper form) the rejection of the claim (unless the deficiency does not pertain to the entire claim, in which case the failure to remedy it will result in the rejection of that sets forth portion of the phone number(s) associated with their account(s) and their current address. claim to which the deficiency pertains). 6.4 All Claim Forms shall be submitted by and signed processed by the Settlement Class Member, under penalty of perjury, by mailing the form Claims Administrator. The Claims Administrator shall report periodically to the Settlement AdministratorParties regarding its activities and progress. Such periodic reports shall address, emailing at a scanned copy of the signed Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery in accordance with Sections IV.C.i and XI.A shall be submitted to the Settlement Administrator, which will validate and administer claims and benefits. B. Claims may be submitted beginning on the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be valid. Any Settlement Class Member who files a Claim Form that is not substantially complete or in compliance with the Claim Form instructions shall be notified of the deficiency by the Settlement Administrator and shall have twenty-one (21) days to resolve any defects and submit a corrected, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim Form. The Settlement Administrator shall have the authority to make a final determination regarding the validity and amount of any such claim, which shall be final, binding, and not subject to further review. C. The Settlement Administrator will provide the Parties’ counsel with monthly reports during the Class Notice Period that set forth the number of claims filedminimum, the number of claims determined to be validClaim Forms received, the approximate value status of such claims (i.e., number processed, number in process, number rejected), and, for claims that have been processed and for which information is readily available, the valid claimsnumber and amount of Awards issued, and the number of claims determined that have been denied and the basis for such denial. 6.5 Within ten (10) Business Days after the Deadline, the Defendant shall deposit at least $50,000 into the Settlement Fund, which sum shall be replenished by the Defendant with further deposits of $25,000 within ten (10) Business Days of being notified by the Claims Administrator that the balance of the Settlement Fund has fallen below $5,000 in cash. If, after (1) the processing of all Claim Forms (2) the payment of all cash Awards and (3) the payment of all costs of the Claims Administrator, cash remains in the Settlement Fund, all such cash shall be remitted and paid forthwith to the Defendant. 6.6 After the initial deposit to the Settlement Fund described in paragraph 6.5 above, the Claims Administrator shall periodically pay Awards from the Settlement Fund to Qualified Claimants who elect to receive cash. 6.7 The Claims Administrator shall notify the Defendant on a weekly basis of the number and names of the Qualified Claimants who have elected to receive Store Credits and of the Qualified Claimants who have elected to receive cash. Upon receiving such notification from the Claims Administrator, the Defendant will promptly deliver to the Claims Administrator a Store Purchase Card for each Qualified Claimant who elected to receive Store Credits, along with an explanatory letter providing instructions for use of the card. The Claims Administrator will then promptly deliver the Store Purchase Card and explanatory letter to the Qualified Claimant and simultaneously notify the Defendant of the bar-coded number of the Store Purchase Card that each named Qualified Claimant was sent, as well as the amount of Store Credits to which that Qualified Claimant is entitled under this Agreement. After receipt of such notice from the Claims Administrator, and not more than five (5) Business Days after receipt of such notice, the Defendant will program into its computer system Store Credits in the appropriate amount for that Qualified Claimant’s Store Purchase Card, at which time the Store Purchase Card will be deemed to be invalidissued. Store Credits may be drawn upon in whole or in part by the Qualified Claimant upon presentation of the Store Purchase Card from time to time at any of the Defendant’s Stores, for a period of 180 days from the date that the Store Purchase Card is programmed and issued. 6.8 The Claims Administrator shall administer the relief provided by this Agreement by resolving claims in a rational, responsible, cost-effective and timely manner, with the object that Awards be distributed or paid to all Qualified Claimants within 120 days of the Deadline. 6.9 The Claims Administrator shall maintain reasonably detailed records of its activities under this Agreement, including all Claim Forms, denials, and all disbursements to Qualified Claimants, until one (1) year after all claims are finally resolved and/or paid. Such records shall be made available upon request for inspection by any Party. 6.10 Any mediation or arbitration that is conducted pursuant to the Settlement will be conducted privately and confidentially using rules to be mutually agreed upon by the Claimant and the Defendant, and the results of any mediation or arbitration will also be private and confidential and will not be disclosed to any person who is not a party to the mediation or arbitration.

Claims Process. A. The Settlement Agreement contemplates the establishment of a Qualified Settlement Fund and a claims process. Walmart will pay a minimum of $4,500,000 (the “Floor”) and a maximum of $9,500,000 (the “Ceiling”) to create the Qualified Settlement Fund that will be used to pay claims as determined by the Claims Administrator, pay the costs of settlement administration, pay Settlement Class Counsel’s Attorneys’ Fees, Costs, and Expenses as awarded by the Court, and pay the Service Award awarded to the Settlement Class Representative by the Court. The Settlement Class Representative and Walmart have created a process for Settlement Class Members to claim benefits under the Settlement, including monetary relief for Settlement Class Members who are Former AdvancePay Accountholders are attest to the number of purchases of Weighted Goods during the Class Period (who will be entitled to recover up to $10.00), Class Members who further provide proof of purchase or other documentation confirming the number of purchases (who will be entitled to recover up to $40.00), and Class Members who further provide proof of the packaging or other documentation demonstrating the amount of the overcharge (who will not be capped on their recovery). The Court preliminarily approves this process and directs the Claims Administrator to make the Claim Amount if they timely Form or its substantial equivalent available to Settlement Class Members in the manner specified in the Notice. The Claims Administrator will be responsible for effectuating the claims process. Settlement Class Members who qualify for and wish to submit a complete and Valid Claim Form to the Settlement Administrator (either electronically or in paper form) that sets forth the phone number(s) associated with their account(s) and their current address. Claim Forms shall be submitted by and signed by the Settlement Class Member, under penalty of perjury, by mailing the form to the Settlement Administrator, emailing a scanned copy of the signed Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery do so in accordance with Sections IV.C.i the requirement and XI.A shall be submitted to procedures specified in the Notice and the Claim Form. If the Final Judgment and Order of Dismissal is entered, all Settlement Class Members who qualify for any benefit under the Settlement Administrator, which will validate but fail to submit a claim in accordance with the requirements and administer claims and benefits. B. Claims may be submitted beginning on procedures specified in the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be valid. Any Settlement Class Member who files a Claim Form that is not substantially complete or in compliance with the Claim Form instructions shall be notified of the deficiency forever barred from receiving any such benefit, but will in all other respects be subject to and bound by the Settlement Administrator provisions in the Final Judgment and shall have twenty-one (21) days to resolve any defects and submit a correctedOrder of Dismissal, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to including the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim Form. The Settlement Administrator shall have the authority to make a final determination regarding the validity and amount of any such claim, which shall be final, binding, and not subject to further reviewrelease. C. The Settlement Administrator will provide the Parties’ counsel with monthly reports during the Class Notice Period that set forth the number of claims filed, the number of claims determined to be valid, the approximate value of the valid claims, and the number of claims determined to be invalid.

Claims Process. A. Settlement The Class Members who are Former AdvancePay Accountholders are entitled to recover Notice shall provide information regarding the filing of Claim Amount if they timely submit a complete and Valid Claim Form to the Settlement Administrator (either electronically or in paper form) that sets forth the phone number(s) associated with their account(s) and their current addressForms. Claim Forms shall be submitted available from the Settlement Administrator and on the Settlement Website. To file a Valid Claim, Settlement Class Members must: (i) Complete a Claim Form, providing all of the information required by the Settlement Agreement and the Claim Form; (ii) Sign the Claim Form and state under penalty of perjury that they received one or more unsolicited messages sent by or on behalf of Western Union, when they received such a message; (iii) Return the completed and signed by Claim Form and related documents, if any, to the Settlement Administrator on or before the Claim Deadline. Only Settlement Class Members who submit Valid Claims shall be entitled to a Cash Award. B. The Settlement Administrator shall be responsible for reviewing all claims to determine their validity. (i) Any claim that is not substantially in compliance with the instructions on the Claim Form or the terms of this Settlement Agreement or is postmarked or submitted electronically later than the Claim Deadline shall be rejected. (ii) Following the Claim Deadline, the Settlement Administrator shall provide a report of any rejected claims to Defense Counsel and Class Counsel. If Class Counsel do not agree with the rejection of a claim, they shall bring it to the attention of Defense Counsel, and the Parties shall meet and confer and attempt, in good faith, to resolve any dispute regarding the rejected claim. Following their meet and confer, the Parties will provide the Settlement Administrator with their positions regarding the disputed, rejected claim. The Settlement Administrator, after considering the positions of the Parties and, if appropriate, seeking any additional information from the Settlement Class Member, under penalty of perjury, by mailing will make the form to the Settlement Administrator, emailing a scanned copy of the signed Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery final decision in accordance with Sections IV.C.i and XI.A shall be submitted to the Settlement Administrator, which will validate and administer claims and benefitsits sole discretion. B. Claims may be submitted beginning on C. At any time during the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be valid. Any Settlement Class Member who files a Claim Form that is not substantially complete or in compliance with the Claim Form instructions shall be notified of the deficiency by claims’ process, if the Settlement Administrator and shall have twenty-one (21) days to resolve any defects and submit has a correctedreasonable suspicion of fraud, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim Form. The Settlement Administrator shall have immediately notify both Class Counsel and Defense Counsel of that fact and the authority basis for its suspicion. Class Counsel and Defense Counsel shall endeavor to make a final determination regarding reach an agreed-upon solution to any suspected fraud and, if necessary, Western Union may suspend the validity and amount of any such claim, which shall be final, binding, and not subject to further review. C. The Settlement Administrator will provide the Partiesclaims’ counsel with monthly reports during the Class Notice Period that set forth the number of claims filed, the number of claims determined to be valid, the approximate value of the valid claimsprocess, and the number of claims determined to be invalidParties will promptly seek assistance from the Court.