CLASS NOTICE AND SETTLEMENT ADMINISTRATION. 7.1. Subject to Court approval, the Parties have agreed that providing Long Form Notice, Email Notice, Postcard Notice, Published Notice and Online Notice to the Class Members in the manner described herein is the best and most fair and reasonable notice practicable under the circumstances. Class Counsel will not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in this Section 7 of the Agreement. 7.2. The Parties agree to the following procedures for giving notice of this Settlement to the Class Members: (a) Within thirty (30) days of entry of the Preliminary Approval Order or on such date otherwise ordered by the Court, Defendants shall provide the Claim Administrator with an electronic list that includes the following information with respect to each Class Member for which Defendants have information: (i) first and last name; (ii) email address; (iii) last known mailing address (if available); and (iv) phone number (if available). Defendants agree to utilize reasonable efforts to provide accurate data to the Claim Administrator, which the Claim Administrator will rely upon in sending Class Notice and administering this Settlement as described herein and will provide a sworn declaration with the motion for Final Approval of the Settlement that Defendants utilized reasonable efforts to provide accurate data (and a description of those efforts) to the Claim Administrator. (b) No later than the Notice Date, the Claim Administrator shall send a copy of the Email Notice in the form approved by the Court to those Class Members for whom an email address is available, and a copy of the Postcard Notice in the form approved by the Court to those Class Members for whom a physical mailing address is available but an email address is not available. (c) Any emailed Email Notice that bounces back or is returned to the Claim Administrator as undeliverable shall be mailed as a Postcard Notice by the Claim Administrator if a physical mailing address is available in the list provided by Defendants to the Claim Administrator. (d) The Claim Administrator shall utilize the national change of address database to update the mailing list of the Class Members for whom a mailing address is available prior to sending Postcard Notice via First Class U.S. Mail. (e) If no physical address is available in the list provided to the Claim Administrator, the Claim Administrator shall perform a single skip trace using information identifying the Class Member, as necessary, to conduct an address update to allow Postcard Notice to be sent using an industry-accepted source such as Accurint, and shall send the Postcard Notices to the mailing address identified by the skip tracing. Any such Postcard Notice shall be mailed within five (5) business days following receipt of the bounced back or returned as undeliverable email. (f) Any mailed Postcard Notices returned to the Claim Administrator as undelivered and bearing a forwarding address shall be re-mailed by the Claim Administrator within five (5) business days following receipt of the returned mail. Further, if no forwarding address is available, the Claim Administator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices to the mailing addresses identified by the skip-tracing. (g) No later than the Notice Date, the Claim Administrator also shall launch the Settlement Website, which shall contain the Long Form Notice in both downloadable PDF format and HTML format with a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Plaintiff’s Counsel and Defendants’ Counsel; the Agreement; the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof; a downloadable and online version of the Claim Form; a downloadable and online version of the form by which Class Members may exclude themselves from the Settlement Class; and (when they become available) the publicly filed motion for Final Approval of the Settlement, Plaintiff’s request for Attorneys’ Fees and Expenses and Incentive Award, and supporting declarations. The Settlement Website shall remain accessible until one-hundred eighty (180) days after all Settlement Benefits are distributed. When the Settlement Website is taken down, the Claim Administrator shall immediately transfer ownership of the URL for the Settlement Website to Defendants. Defendants will not thereafter add any content or otherwise revise the Settlement Website or use the URL for the Settlement Website for any other purposes. (h) No later than the Notice Date, the Claim Administrator also shall distribute the Online Notice. The Online Notice shall be distributed utilizing methods such as internet banner advertising, social media sponsored posts, and/or paid search placements and shall be designed to reach 80% of the Class consistent with other effective court-approved notice programs and the Federal Judicial Center’s (FJC) Judges’ Class Action Notice and Claims Process Checklist and Plain Language guide. (i) No later than the Notice Date, Defendants shall post the Online Notice on Defendants’ Website, social media accounts, and the ASUS ROG online forms. The online Notice shall link to the Settlement Website. (j) On the Notice Date, the Claim Administrator shall cause the Pubished Notice to be published in the manner ordered by the Court.
Appears in 1 contract
Samples: Class Action Settlement Agreement
CLASS NOTICE AND SETTLEMENT ADMINISTRATION. 7.127. Subject to Court COURT approval, the Parties PARTIES have agreed that providing Long Form Notice, Email Notice, Postcard Notice, Published Notice direct email and Online Notice mail notice to the Class Members CLASS MEMBERS using the SUMMARY NOTICE, SETTLEMENT WEBSITE notice, PUBLICATION NOTICE, and ONLINE NOTICE in the manner described herein is the best and most fair and reasonable notice practicable under the circumstances. Class Counsel will not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in this Section 7 of the Agreement.
7.228. The Parties PARTIES agree to the following procedures for giving notice of this Settlement SETTLEMENT to the Class MembersCLASS MEMBERS:
(aA) Within thirty (30) days of entry of the Preliminary Approval Order PRELIMINARY APPROVAL ORDER or on such date otherwise ordered by the CourtCOURT, Defendants MEF shall provide the Claim Administrator SETTLEMENT ADMINISTRATOR with an electronic list or database that includes the following information with respect to each Class Member for which Defendants have informationCLASS MEMBER from the MILLENNIUM DATABASE as of the date of PRELIMINARY APPROVAL: (i) first and last name; (ii) email address; (iii) last known mailing address (if available); and (iv) phone number last known email address (if available). Defendants agree MEF agrees to utilize reasonable efforts to provide accurate data to from the Claim AdministratorMILLENNIUM DATABASE, which will be relied upon by the Claim Administrator will rely upon SETTLEMENT ADMINISTRATOR in sending Class Notice providing CLASS NOTICE and administering this Settlement SETTLEMENT as described herein herein, and MEF will provide submit a sworn declaration with the motion for Final Approval FINAL APPROVAL of the Settlement SETTLEMENT that Defendants MEF utilized reasonable efforts to provide accurate data to the SETTLEMENT ADMINISTRATOR (and a description of those efforts) to the Claim Administrator).
(bB) No later than the Notice DateNOTICE DATE, the Claim Administrator SETTLEMENT ADMINISTRATOR shall send a copy of the Email Notice SUMMARY NOTICE in the form approved by the Court COURT to the CLASS MEMBERS, via email for those Class Members CLASS MEMBERS for whom an email address is available, available and a copy of the Postcard Notice in the form approved by the Court via First Class U.S. Mail to those Class Members CLASS MEMBERS for whom a physical mailing address is available but for whom an email address is not availableunavailable.
(c) Any emailed Email Notice that bounces back or is returned to the Claim Administrator as undeliverable shall be mailed as a Postcard Notice by the Claim Administrator if a physical mailing address is available in the list provided by Defendants to the Claim Administrator.
(dC) The Claim Administrator SETTLEMENT ADMINISTRATOR shall utilize the national change of address database to update the mailing list of the Class Members for whom a mailing address is available CLASS MEMBERS prior to sending Postcard Notice SUMMARY NOTICE via First Class U.S. Mail.
(eD) If no physical address is available in the list provided to the Claim Administrator, the Claim Administrator The SETTLEMENT ADMINISTRATOR shall perform a single skip trace using information identifying the CLASS MEMBERS, as necessary, to conduct an address update with respect to any SUMMARY NOTICES returned to the SETTLEMENT ADMINISTRATOR using an industry-accepted source such as Accurint and shall send the SUMMARY NOTICES to the mailing address identified by the skip tracing. The SETTLEMENT ADMINISTRATOR shall resend via First Class MemberU.S. Mail all SUMMARY NOTICES to new addresses within five (5) business days of obtaining such new addresses.
(E) Any mailed SUMMARY NOTICES returned to the SETTLEMENT ADMINISTRATOR as undelivered and bearing a forwarding address shall be re-mailed by the SETTLEMENT ADMINISTRATOR to the forwarding address indicated within five (5) business days following receipt of the returned mail.
(F) Any emailed SUMMARY NOTICE that bounces back or is returned to the SETTLEMENT ADMINISTRATOR as undeliverable shall be mailed by the SETTLEMENT ADMINISTRATOR if a mailing address is available in the MILLENNIUM DATABASE list provided to the SETTLEMENT ADMINISTRATOR. If no mailing address is available in the MILLENNIUM DATABASE list provided to the SETTLEMENT ADMINISTRATOR, the ADMINISTRATOR shall perform a single skip trace using information identifying the CLASS MEMBER, as necessary, to conduct an address update to allow Postcard Notice SUMMARY NOTICE to be sent using an industry-accepted source such as Accurint, and shall send the Postcard Notices SUMMARY NOTICES to the mailing address identified by the skip tracing. Any such Postcard Notice SUMMARY NOTICE shall be mailed within five (5) business days following receipt of the bounced back or returned as undeliverable email.
(f) Any mailed Postcard Notices returned to the Claim Administrator as undelivered and bearing a forwarding address shall be re-mailed by the Claim Administrator within five (5) business days following receipt of the returned mail. Further, if no forwarding address is available, the Claim Administator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices to the mailing addresses identified by the skip-tracing.
(gG) No later than the Notice DateNOTICE DATE, the Claim Administrator also SETTLEMENT ADMINISTRATOR shall launch the Settlement Website, which shall contain the Long Form Notice in both downloadable PDF format SETTLEMENT WEBSITE at xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx (if available) and HTML format with a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Plaintiff’s Counsel and Defendants’ Counsel; the Agreement; the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof; a downloadable and online version post copies of the Claim Form; a downloadable and online version of following documents on the form by which Class Members may exclude themselves from SETTLEMENT WEBSITE: the Settlement Class; and (SAP, the REMAND ORDER, the Eighth Circuit Court Order reversing the REMAND ORDER, the LONG FORM NOTICE, this AGREEMENT, the PRELIMINARY APPROVAL motion, the PRELIMINARY APPROVAL ORDER, and, when they become available) , the publicly filed motion for Final Approval of the SettlementFINAL APPROVAL motion, PlaintiffCLASS COUNSEL’s request Motion for Attorneys’ Fees and Expenses Motion for Incentive Awards, the FINAL APPROVAL ORDER and Incentive AwardJUDGMENT, and supporting declarationsinstructions on how to access the case docket for the ACTION via PACER (which requires a PACER account) or in person at the COURT. The Settlement Website SETTLEMENT WEBSITE will contain prominent instructions on how a CLASS MEMBER can make a CLAIM and instructions on how a CLASS MEMBER can request exclusion or file an objection to this SETTLEMENT by the OBJECTION/EXCLUSION DEADLINE. The SETTLEMENT WEBSITE will further note the date of the FINAL APPROVAL HEARING, clearly state that the date of the FINAL APPROVAL HEARING may change without further notice to the CLASS MEMBERS, and that CLASS MEMBERS should be advised to check the SETTLEMENT WEBSITE or the COURT’s PACER site for the ACTION to confirm that the date has not changed. The SETTLEMENT ADMINISTRATOR shall remain accessible provide CLASS COUNSEL and MEF’s COUNSEL with the opportunity to review the SETTLEMENT WEBSITE at least five (5) days prior to the scheduled launch date, and the SETTLEMENT ADMINISTRATOR will make any revisions to which MEF’s COUNSEL and CLASS COUNSEL agree. The SETTLEMENT ADMINISTRATOR shall maintain and not take down the SETTLEMENT WEBSITE until oneone hundred twenty-hundred eighty five (180125) days after all Settlement Benefits are distributedthe CASH PAYMENT DATE. When the Settlement Website SETTLEMENT WEBSITE is taken down, the Claim Administrator SETTLEMENT ADMINISTRATOR shall immediately transfer ownership of the domain name/URL for the Settlement Website SETTLEMENT WEBSITE to Defendants. Defendants will not thereafter add any content or otherwise revise the Settlement Website or use the URL for the Settlement Website for any other purposesMEF.
(hH) No later than the Notice DateNOTICE DATE, the Claim Administrator also SETTLEMENT ADMINISTRATOR shall distribute the Online NoticeONLINE NOTICE. The Online Notice ONLINE NOTICE shall be distributed utilizing methods such as internet banner advertising, social media sponsored posts, and/or paid search placements and shall be designed to reach 80% the broadest number of the Class consistent with other effective court-approved notice programs and CLASS MEMBERS for whom, MEF estimates, a mailing address or an email address is not available in the Federal Judicial Center’s (FJC) Judges’ Class Action Notice and Claims Process Checklist and Plain Language guideMILLENNIUM DATABASE.
(i) No later than the Notice Date, Defendants shall post the Online Notice on Defendants’ Website, social media accounts, and the ASUS ROG online forms. The online Notice shall link to the Settlement Website.
(jI) On the Notice DateNOTICE DATE, the Claim Administrator SETTLEMENT ADMINISTRATOR shall cause the Pubished Notice PUBLICATION NOTICE to be published in the manner ordered by the CourtCOURT.
(J) Within ten (10) days following the filing of this proposed SETTLEMENT in court, MEF shall serve or shall cause the SETTLEMENT ADMINISTRATOR to serve notice of this SETTLEMENT to the appropriate state and federal officials pursuant to CAFA (28 U.S.C. § 1715). MEF shall be responsible for drafting and preparing the notice in conformity with 28 U.S.C. § 1715 and for identifying the appropriate state and federal officials to be notified.
(K) CLASS NOTICE will:
(i) Contain a concise statement of the background of the ACTION, the certification of the CLASS MEMBERS for purposes of settlement, and the SETTLEMENT;
(ii) Describe the nature and scope of the claims, causes of action, and facts comprised in the SETTLEMENT and explain that SETTLEMENT CLASS MEMBERS will be releasing all RELEASED CLAIMS against the RELEASED PARTIES;
(iii) Describe the relief the SETTLEMENT provides;
(iv) Inform the CLASS MEMBERS how to submit an exclusion request and of their right to object to the SETTLEMENT by the OBJECTION/EXCLUSION DEADLINE;
(v) Inform CLASS MEMBERS how to submit a CLAIM by the CLAIM DEADLINE;
(vi) Explain the impact of the SETTLEMENT on participation in any existing and future litigation, arbitration, regulatory action, remediation, or other proceeding(s);
(vii) State that any relief to the SETTLEMENT CLASS is contingent on the COURT’s FINAL APPROVAL and JUDGMENT;
(viii) State that MEF will pay any INCENTIVE AWARD to the CLASS REPRESENTATIVES and any FEE AND EXPENSE AWARD to CLASS COUNSEL (subject to the terms of the AGREEMENT and COURT approval) and that individual SETTLEMENT CLASS MEMBERS will not be responsible themselves for paying any attorneys’ fees, costs, litigation expenses, administration expenses, or incentive award (unless they elect to retain their own attorney at their own expense);
(ix) Include instructions on how to access the case docket for the ACTION via PACER (which requires a PACER account) or in person at the COURT.
(x) Inform the CLASS MEMBERS of the date, time, and place of the FINAL APPROVAL HEARING (and that the date may change without further notice to the CLASS MEMBERS and that CLASS MEMBERS should check the SETTLEMENT WEBSITE or the COURT’s PACER site for the ACTION to confirm that the date has not changed), their right to object to the SETTLEMENT, and their right to appear at the FINAL APPROVAL HEARING as provided by this SETTLEMENT or ordered by the COURT in the PRELIMINARY APPROVAL ORDER, on their own or through counsel of their own selection (at their own expense), and the procedures for doing so as further described below; and
(xi) Advise that any JUDGMENT entered in the ACTION (including the terms of the release set forth in this AGREEMENT) will be binding on all CLASS MEMBERS who do not timely exclude themselves from the SETTLEMENT.
29. The SETTLEMENT ADMINISTRATOR shall provide any information or declaration that the PARTIES request to assist with seeking PRELIMINARY APPROVAL and FINAL APPROVAL including, but not limited to, certifying that it has complied with the notice requirements set forth in this AGREEMENT.
30. The PARTIES each represent that he, she, or it does not and will not have any financial interest in the SETTLEMENT ADMINISTRATOR ultimately appointed and otherwise will not have a relationship with the SETTLEMENT ADMINISTRATOR ultimately appointed that could create a conflict of interest.
31. The PARTIES acknowledge and agree that the SETTLEMENT ADMINISTRATOR is not an agent of the CLASS REPRESENTATIVES, CLASS COUNSEL, MEF, or MEF’s COUNSEL and that the SETTLEMENT ADMINISTRATOR is not authorized by this AGREEMENT or otherwise to act on behalf of the CLASS REPRESENTATIVES, CLASS COUNSEL, MEF, or MEF’s COUNSEL.
32. If a CLASS MEMBER requests that the SETTLEMENT ADMINISTRATOR and/or its agent or employee refer him/her to CLASS COUNSEL, or if a CLASS MEMBER requests advice beyond merely ministerial information regarding applicable deadlines or procedures for submitting a CLAIM or an OBJECTION or for requesting exclusion from the SETTLEMENT or other SETTLEMENT-related forms for which the SETTLEMENT ADMINISTRATOR does not have an approved response, then the SETTLEMENT ADMINISTRATOR and/or its agent or employee shall promptly refer the inquiry to CLASS COUNSEL and MEF’s COUNSEL.
33. The SETTLEMENT ADMINISTRATOR is responsible for:
(A) Printing and distributing the SUMMARY NOTICE approved by the COURT;
(B) Performing mailing address and email address updates and verifications prior to the first distribution of the SUMMARY NOTICE;
(C) Sending mailed SUMMARY NOTICE to those CLASS MEMBERS who were provided SUMMARY NOTICE via email and had it returned undeliverable and who have a mailing address in the MILLENNIUM DATABASE;
(D) Performing a single skip trace address follow up on any returned mail or email SUMMARY NOTICES;
(E) Creating and maintaining the SETTLEMENT WEBSITE and a toll-free number that CLASS MEMBERS can contact to request a copy of this AGREEMENT, a CLAIM form, and/or to obtain any other information concerning this SETTLEMENT or this AGREEMENT;
(F) Consulting with MEF’s COUNSEL and CLASS COUNSEL concerning any relevant issues, including (without limitation) distribution of the CLASS NOTICE and processing of a CLAIM;
(G) Processing and recording timely and proper requests for exclusion from or objections to the SETTLEMENT;
(H) Processing and recording all CLAIMS;
(I) Preparing, drafting, and serving the CAFA Notice;
(J) By the CASH PAYMENT DATE, distributing CASH PAYMENTS to SETTLEMENT CLASS MEMBERS who submit a VALID CLAIM; and
(K) Such other tasks as the PARTIES mutually agree or the COURT orders the SETTLEMENT ADMINISTRATOR to perform in connection with this AGREEMENT.
34. MEF agrees to pay to the SETTLEMENT ADMINISTRATOR all reasonable ADMINISTRATIVE COSTS, which are estimated to be One Hundred Thousand Dollars ($100,000).
35. CLASS COUNSEL agrees that the PARTIES are providing the best notice practicable under the circumstances and will not of their own initiative advocate for content or methods of CLASS NOTICE beyond that to which the PARTIES have agreed in this AGREEMENT.
36. Within two hundred and ten (210) days after the EFFECTIVE DATE, the SETTLEMENT ADMINISTRATOR shall destroy all CLASS MEMBERS’ personal identifying information received from MEF and otherwise in connection with the implementation and administration of this SETTLEMENT.
37. Upon completion of the implementation and administration of the SETTLEMENT, the SETTLEMENT ADMINISTRATOR shall provide written certification of such completion to CLASS COUNSEL and to MEF’s COUNSEL.
Appears in 1 contract
Samples: Class Action Settlement Agreement
CLASS NOTICE AND SETTLEMENT ADMINISTRATION. 7.1. 4.1 Subject to Court approval, the Signing Parties have agreed that providing Long Form Notice, Email Notice, Postcard Notice, Published Notice and Online Class Notice to the Settlement Class Members in the manner described herein is the best and most fair and reasonable notice practicable under the circumstances. Class Counsel will not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in this Section 7 of the Agreement.
7.2. 4.2 The Signing Parties agree to the following procedures for giving notice of this Settlement to the Settlement Class Members:
(a) Within thirty ten (3010) days of entry of the Preliminary Approval Order or on such date otherwise ordered by the Court, the DIRECTV Defendants shall provide deliver the Claim Administrator with an electronic list that includes the following information with respect to each Class Member for which Defendants have information: (i) first and last name; (ii) email address; (iii) last known mailing address (if available); and (iv) phone number (if available). Defendants agree to utilize reasonable efforts to provide accurate data Xxxxx Spreadsheet to the Claim Administrator, which the Claim Administrator will rely upon in sending Class Notice and administering this Settlement as described herein and will provide a sworn declaration with herein.
4.3 The Signing Parties agree that the motion for Final Approval Xxxxx Spreadsheets shall be used to identify those individuals or businesses who are entitled to receive Class Notice. Specifically, Class Notice shall be given to the following individuals or businesses listed on the “Details” sheet of the “DTV – Postage and Payments R1” spreadsheet, which the Signing Parties agree is the best available source for identifying potential Settlement that Defendants utilized reasonable efforts to provide accurate data Class Members:
(and a description of those effortsa) Those individuals or businesses who, according to the Claim Administrator.records as reflected in the Xxxxx Spreadsheets, were contacted by the Lonstein Law Office on behalf of DIRECTV regarding claims of commercial misuse; and
(b) Those individuals or businesses who, according to the records as reflected in the Xxxxx Spreadsheet, paid money to resolve DIRECTV’s claims of commercial misuse but did not receive a letter from the Lonstein Law Office.
4.4 The Administrator shall use the list identified in Section 4.3 to prepare the Email Notice and Postcard Notice.
4.5 No later than the Notice Date, the Claim Administrator shall send a copy of the Email Notice in the form approved by the Court to those Class Members individuals or businesses identified in Section 4.3 for whom an email address is available, and a copy of the Postcard Notice available in the form approved by the Court Xxxxx Spreadsheets, or to those Class Members for whom a physical mailing address is available but an email address obtained by the Administrator by cross-referencing the mailing address information from the Xxxxx Spreadsheets to one or more third- party databases. In the case of Email Notice, such notice shall be sent at least three times, but if one or more of the emails is not available.
(c) Any emailed returned undeliverable, further Email Notice shall not be required for that bounces back individual or is returned to the Claim Administrator as undeliverable business and instead Postcard Notice shall be mailed as a Postcard Notice sent by the Claim Administrator mail if a physical mailing address is available in the list provided by Defendants to the Claim Administrator.
(d) The Claim Administrator shall utilize the national change of address database to update the mailing list of the Class Members for whom a mailing address is available prior to sending Postcard Notice via First Class U.S. Mailreasonably available.
(e) If no physical address is available in the list provided to the Claim Administrator, the Claim Administrator shall perform a single skip trace using information identifying the Class Member, as necessary, to conduct an address update to allow Postcard Notice to be sent using an industry-accepted source such as Accurint, and shall send the Postcard Notices to the mailing address identified by the skip tracing. Any such Postcard Notice shall be mailed within five (5) business days following receipt of the bounced back or returned as undeliverable email.
(f) Any mailed Postcard Notices returned to the Claim Administrator as undelivered and bearing a forwarding address shall be re-mailed by the Claim Administrator within five (5) business days following receipt of the returned mail. Further, if no forwarding address is available, the Claim Administator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices to the mailing addresses identified by the skip-tracing.
(g) 4.6 No later than the Notice Date, the Claim Administrator also shall launch the Settlement Website, which shall contain the Long Form Notice in both downloadable PDF format and HTML format with send a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Plaintiff’s Counsel and Defendants’ Counsel; the Agreement; the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof; a downloadable and online version copy of the Claim Form; a downloadable and online version of the form by which Postcard Notice via First Class Members may exclude themselves from the Settlement Class; and (when they become available) the publicly filed motion for Final Approval of the Settlement, Plaintiff’s request for Attorneys’ Fees and Expenses and Incentive Award, and supporting declarations. The Settlement Website shall remain accessible until one-hundred eighty (180) days after all Settlement Benefits are distributed. When the Settlement Website is taken down, the Claim Administrator shall immediately transfer ownership of the URL for the Settlement Website U.S. Mail to Defendants. Defendants will not thereafter add any content those individuals or otherwise revise the Settlement Website or use the URL for the Settlement Website for any other purposes.
(h) No later than the Notice Date, the Claim Administrator also shall distribute the Online Notice. The Online Notice shall be distributed utilizing methods such as internet banner advertising, social media sponsored posts, and/or paid search placements and shall be designed to reach 80% of the Class consistent with other effective court-approved notice programs and the Federal Judicial Center’s (FJC) Judges’ Class Action Notice and Claims Process Checklist and Plain Language guide.
(i) No later than the Notice Date, Defendants shall post the Online Notice on Defendants’ Website, social media accounts, and the ASUS ROG online forms. The online Notice shall link to the Settlement Website.
(j) On the Notice Date, the Claim Administrator shall cause the Pubished Notice to be published businesses identified in the manner ordered by the Court.Section
Appears in 1 contract
Samples: Class Action Settlement Agreement
CLASS NOTICE AND SETTLEMENT ADMINISTRATION. 7.113. Subject The PARTIES, subject to Court COURT approval, the Parties have agreed that providing Long Form Notice, Email Notice, Postcard Notice, Published Notice and Online Notice to the Class Members in the manner described herein is the best and most fair and reasonable notice practicable under the circumstances. Class Counsel will not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in this Section 7 of the Agreement.
7.2. The Parties agree to the following procedures for giving notice of this Settlement SETTLEMENT to the Class MembersCLASS:
(aA) Within thirty twenty-one (3021) days of entry of the Preliminary Approval Order PRELIMINARY APPROVAL or on such date otherwise ordered by the Court, Defendants BWW shall provide to the Claim Administrator with an electronic list that includes SETTLEMENT ADMINISTRATOR information regarding all CLASS MEMBERS, including their last known address, Social Security Number, dates of employment, and number of shifts worked during the following CLASS PERIOD. The SETTLEMENT ADMINISTRATOR shall not share this information with respect anyone, including but not limited to each Class Member for which Defendants have information: (i) first PLAINTIFFS and last name; (ii) email address; (iii) CLASS COUNSEL. After delivery of the information set forth in this Paragraph to the SETTLEMENT ADMINISTRATOR, the SETTLEMENT ADMINISTRATOR shall obtain updates, if any, to the last known mailing address (addresses using information reasonably available from the National Change of Address database maintained by the United States Postal Service and such additional efforts as the SETTLEMENT ADMINISTRATOR reasonably believes are appropriate to identify updated mailing addresses, if available); and (iv) phone number (if available). Defendants agree to utilize reasonable efforts to provide accurate data to the Claim Administrator, which the Claim Administrator will rely upon in sending Class Notice and administering this Settlement as described herein and will provide a sworn declaration with the motion for Final Approval of the Settlement that Defendants utilized reasonable efforts to provide accurate data (and a description of those efforts) to the Claim Administratorany.
(bB) No later than the Notice Date, the Claim Administrator The SETTLEMENT ADMINISTRATOR shall send a copy of the Email Notice CLASS NOTICE in the form approved by the Court COURT and CLAIM FORM to those all persons shown by BWW’s records to be CLASS MEMBERS, via First Class Members for whom an email address is availableU.S. Mail, no later than thirty (30) days after the COURT grants PRELIMINARY APPROVAL or on such date otherwise ordered by the Court, and a copy of make public the Postcard Notice SETTLEMENT WEBSITE in the form approved by the Court to those Class Members for whom a physical mailing address is available but an email address is not availableCOURT.
(cC) Any emailed Email Notice Each CLAIM FORM that bounces back or is returned mailed to CLASS MEMBERS will show the Claim Administrator number of shifts worked by that SETTLEMENT CLASS MEMBER and the estimated SETTLEMENT BENEFIT, based on a one hundred percent (100%) claims rate, as undeliverable shall be mailed as a Postcard Notice calculated by the Claim Administrator if a physical mailing address is available in the list provided by Defendants SETTLEMENT ADMINISTRATOR pursuant to the Claim AdministratorParagraph 28.
(dD) The Claim Administrator shall utilize the national change of address database to update the mailing list of the Class Members for whom a mailing address is available prior to sending Postcard Notice via First Class U.S. Mail.
(e) If no physical address is available in the list provided to the Claim Administrator, the Claim Administrator SETTLEMENT ADMINISTRATOR shall perform a single skip trace using information identifying the Class MemberCLASS, as necessary, to conduct an address update to allow Postcard Notice to be sent using an industry-accepted source such as Accurint, and shall send the Postcard Notices on any CLASS NOTICES returned to the mailing address identified by the skip tracingSETTLEMENT ADMINISTRATOR. Any such Postcard Notice The SETTLEMENT ADMINISTRATOR shall be mailed re-mail all CLASS NOTICES to new addresses within five three (53) business days following receipt of the bounced back or returned as undeliverable emailobtaining such new addresses.
(fE) Any mailed Postcard Notices CLASS NOTICES returned to the Claim Administrator SETTLEMENT ADMINISTRATOR as undelivered and bearing a forwarding address shall be re-mailed by the Claim Administrator SETTLEMENT ADMINISTRATOR within five three (53) business days following receipt of the returned mail. Further, if no forwarding address is available, the Claim Administator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices to the mailing addresses identified by the skip-tracing.
(gF) No The SETTLEMENT ADMINISTRATOR shall establish an Internet website, with a domain name approved by BWW, that publishes the CLASS NOTICE to the CLASS no later than the Notice Datedate the SETTLEMENT ADMINISTRATOR first mails CLASS NOTICE pursuant to Paragraph 13(B), the Claim Administrator also shall launch the Settlement Website, which shall contain the Long Form Notice substantially in both downloadable PDF format and HTML format with a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Plaintiff’s Counsel and Defendants’ Counsel; the Agreement; the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof; a downloadable and online version of the Claim Form; a downloadable and online version of the form by which Class Members may exclude themselves from the Settlement Class; and (when they become available) the publicly filed motion for Final Approval of the Settlement, Plaintiff’s request for Attorneys’ Fees and Expenses and Incentive AwardExhibit D hereto, and supporting declarationsprovides instructions for submitting a CLAIM FORM. The Settlement Website SETTLEMENT ADMINISTRATOR shall remain accessible maintain and not take down the SETTLEMENT WEBSITE until one-two hundred eighty (180200) days after all Settlement Benefits are distributedthe EFFECTIVE DATE. When the Settlement Website SETTLEMENT WEBSITE is taken down, the Claim Administrator SETTLEMENT ADMINISTRATOR shall immediately transfer ownership of the URL for the Settlement Website SETTLEMENT WEBSITE to Defendants. Defendants will not thereafter add any content or otherwise revise the Settlement Website or use the URL for the Settlement Website for any other purposesBWW.
(hG) No later than the Notice Date, the Claim Administrator also shall distribute the Online Notice. The Online Notice SETTLEMENT ADMINISTRATOR shall be distributed utilizing methods such as internet banner advertising, social media sponsored posts, and/or paid search placements and shall be designed to reach 80% of the Class consistent with other effective court-approved notice programs and the Federal Judicial Center’s (FJC) Judges’ Class Action Notice and Claims Process Checklist and Plain Language guide.responsible for:
(i) No later than the Notice DateReceiving, Defendants shall post the Online Notice on Defendants’ Website, social media accountstracking, and organizing the ASUS ROG online forms. The online Notice shall link CLASS MEMBER information provided by BWW;
(ii) Following up with BWW with any questions about the CLASS MEMBER information provided;
(iii) Translating the CLASS NOTICE and CLAIM FORM into Spanish;
(iv) Printing and mailing to the Settlement WebsiteCLASS MEMBERS the CLASS NOTICE and CLAIM FORMS approved by the COURT;
(v) Establishing and maintaining the SETTLEMENT WEBSITE;
(vi) Performing address updates and verifications prior to the first mailing of the CLASS NOTICE;
(vii) Performing at least a single Skip Trace address follow up on any returned mail;
(viii) Resolving any issues that may arise concerning whether an individual is a CLASS MEMBER and/or the number of shifts worked by each CLASS MEMBER;
(ix) Consulting with counsel for the PARTIES concerning any relevant issue, including (without limitation) distribution of the CLASS NOTICE and payment of SETTLEMENT BENEFITS;
(x) Calculating the ESTIMATED NET SETTLEMENT FUND, NET SETTLEMENT FUND, NET DISTRIBUTION AMOUNT, SETTLEMENT BENEFITS, PAYROLL TAXES AND REQUIRED WITHHOLDING, and EMPLOYER TAXES;
(xi) Keeping track of timely and proper requests for exclusion;
(xii) Reporting of all taxable amounts on IRS Forms W-2 and 1099 as required, withholding of PAYROLL TAXES AND WITHOLDING and payment of EMPLOYER TAXES to the appropriate taxing authorities in a proper and timely manner including electronic payment or reporting requirements imposed by such authorities, if any; provided that the SETTLEMENT ADMINISTRATOR shall be responsible for any penalties, fines, or other amounts assessed by any governmental authority or costs for failure to properly or timely report, withhold, or pay such amounts including any legal fees or costs incurred by the PARTIES;
(xiii) Distributing, by mail or otherwise, and paying SETTLEMENT BENEFITS, and INCENTIVE AWARD, FEE AND EXPENSE AWARD, and ADMINISTRATION COSTS as may be ordered by the COURT or as are otherwise necessary;
(xiv) Preparing any declarations that are requested by the PARTIES or the COURT that are reasonably necessary for FINAL APPROVAL, setting forth, among other things, the number of CLASS NOTICES sent, the number of CLASS NOTICES returned, the number of QUALIFIED CLAIMS made, and any requests for exclusion;
(xv) All tasks assigned to the SETTLEMENT ADMINISTRATOR under this AGREEMENT, which, if not completed properly or accurately, shall subject the SETTLEMENT ADMINISTRATOR to liability for any costs, fines, losses, or expenses or other amounts incurred by the PARTIES; and
(xvi) Such other tasks as counsel for the PARTIES agree or the COURT orders the SETTLEMENT ADMINISTRATOR to perform.
(jH) On the Notice Date, the Claim Administrator shall cause the Pubished Notice to be published The PARTIES each represent they do not have any financial interest in the manner ordered by SETTLEMENT ADMINISTRATOR or otherwise have a relationship with the CourtSETTLEMENT ADMINISTRATOR that could create a conflict of interest.
Appears in 1 contract
Samples: Settlement Agreement
CLASS NOTICE AND SETTLEMENT ADMINISTRATION. 7.131. Subject to Court COURT approval, the Parties PARTIES have agreed that providing Long Form Notice, Email Notice, Postcard Notice, Published Notice direct email and Online Notice mail notice to the Class Members CLASS MEMBERS using the SUMMARY NOTICE, SETTLEMENT WEBSITE notice, PUBLICATION NOTICE, and ONLINE NOTICE in the manner described herein is the best and most fair and reasonable notice practicable under the circumstances. Class Counsel will not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in this Section 7 of the Agreement.
7.232. The Parties PARTIES agree to the following procedures for giving notice of this Settlement SETTLEMENT to the Class MembersCLASS MEMBERS:
(aA) Within thirty (30) days of entry of the Preliminary Approval Order PRELIMINARY APPROVAL ORDER or on such date otherwise ordered by the CourtCOURT, Defendants MEF shall provide the Claim Administrator SETTLEMENT ADMINISTRATOR with an electronic list or database that includes the following information with respect to each Class Member for which Defendants have informationCLASS MEMBER from the MILLENNIUM DATABASE as of the date of PRELIMINARY APPROVAL: (i) first and last name; (ii) email address; (iii) last known mailing address (if available); and (iv) phone number last known email address (if available). Defendants agree MEF agrees to utilize reasonable efforts to provide accurate data to from the Claim AdministratorMILLENNIUM DATABASE, which will be relied upon by the Claim Administrator will rely upon SETTLEMENT ADMINISTRATOR in sending Class Notice providing CLASS NOTICE and administering this Settlement SETTLEMENT as described herein herein, and MEF will provide submit a sworn declaration with the motion for Final Approval FINAL APPROVAL of the Settlement SETTLEMENT that Defendants MEF utilized reasonable efforts to provide accurate data to the SETTLEMENT ADMINISTRATOR (and a description of those efforts) to the Claim Administrator).
(bB) No later than the Notice DateNOTICE DATE, the Claim Administrator SETTLEMENT ADMINISTRATOR shall send a copy of the Email Notice SUMMARY NOTICE in the form approved by the Court COURT to the CLASS MEMBERS, via email for those Class Members CLASS MEMBERS for whom an email address is available, available and a copy of the Postcard Notice in the form approved by the Court via First Class U.S. Mail to those Class Members CLASS MEMBERS for whom a physical mailing address is available but for whom an email address is not availableunavailable.
(c) Any emailed Email Notice that bounces back or is returned to the Claim Administrator as undeliverable shall be mailed as a Postcard Notice by the Claim Administrator if a physical mailing address is available in the list provided by Defendants to the Claim Administrator.
(dC) The Claim Administrator SETTLEMENT ADMINISTRATOR shall utilize the national change of address database to update the mailing list of the Class Members for whom a mailing address is available CLASS MEMBERS prior to sending Postcard Notice SUMMARY NOTICE via First Class U.S. Mail.
(eD) If no physical address is available in the list provided to the Claim Administrator, the Claim Administrator The SETTLEMENT ADMINISTRATOR shall perform a single skip trace using information identifying the CLASS MEMBERS, as necessary, to conduct an address update with respect to any SUMMARY NOTICES returned to the SETTLEMENT ADMINISTRATOR using an industry-accepted source such as Accurint and shall send the SUMMARY NOTICES to the mailing address identified by the skip tracing. The SETTLEMENT ADMINISTRATOR shall resend via First Class MemberU.S. Mail all SUMMARY NOTICES to new addresses within five (5) business days of obtaining such new addresses.
(E) Any mailed SUMMARY NOTICES returned to the SETTLEMENT ADMINISTRATOR as undelivered and bearing a forwarding address shall be re-mailed by the SETTLEMENT ADMINISTRATOR to the forwarding address indicated within five (5) business days following receipt of the returned mail.
(F) Any emailed SUMMARY NOTICE that bounces back or is returned to the SETTLEMENT ADMINISTRATOR as undeliverable shall be mailed by the SETTLEMENT ADMINISTRATOR if a mailing address is available in the MILLENNIUM DATABASE list provided to the SETTLEMENT ADMINISTRATOR. If no mailing address is available in the MILLENNIUM DATABASE list provided to the SETTLEMENT ADMINISTRATOR, the ADMINISTRATOR shall perform a single skip trace using information identifying the CLASS MEMBER, as necessary, to conduct an address update to allow Postcard Notice SUMMARY NOTICE to be sent using an industry-accepted source such as Accurint, and shall send the Postcard Notices SUMMARY NOTICES to the mailing address identified by the skip tracing. Any such Postcard Notice SUMMARY NOTICE shall be mailed within five (5) business days following receipt of the bounced back or returned as undeliverable email.
(f) Any mailed Postcard Notices returned to the Claim Administrator as undelivered and bearing a forwarding address shall be re-mailed by the Claim Administrator within five (5) business days following receipt of the returned mail. Further, if no forwarding address is available, the Claim Administator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices to the mailing addresses identified by the skip-tracing.
(gG) No later than the Notice DateNOTICE DATE, the Claim Administrator also SETTLEMENT ADMINISTRATOR shall launch the Settlement Website, which shall contain the Long Form Notice in both downloadable PDF format SETTLEMENT WEBSITE at xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx (if available) and HTML format with a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Plaintiff’s Counsel and Defendants’ Counsel; the Agreement; the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof; a downloadable and online version post copies of the Claim Form; a downloadable and online version of following documents on the form by which Class Members may exclude themselves from SETTLEMENT WEBSITE: the Settlement Class; and (SAP, the REMAND ORDER, the Eighth Circuit Court Order reversing the REMAND ORDER, the LONG FORM NOTICE, the AGREEMENT, this AMENDED AGREEMENT, the PRELIMINARY APPROVAL motion, the PRELIMINARY APPROVAL ORDER, and, when they become available) , the publicly filed motion for Final Approval of the SettlementFINAL APPROVAL motion, PlaintiffCLASS COUNSEL’s request Motion for Attorneys’ Fees and Expenses Motion for Incentive Awards, the FINAL APPROVAL ORDER and Incentive AwardJUDGMENT, and supporting declarationsinstructions on how to access the case docket for the ACTION via PACER (which requires a PACER account) or in person at the COURT. The Settlement Website SETTLEMENT WEBSITE will contain prominent instructions on how a CLASS MEMBER can make a CLAIM and instructions on how a CLASS MEMBER can request exclusion or file an objection to this SETTLEMENT by the OBJECTION/EXCLUSION DEADLINE. The SETTLEMENT WEBSITE will further note the date of the FINAL APPROVAL HEARING, clearly state that the date of the FINAL APPROVAL HEARING may change without further notice to the CLASS MEMBERS, and that CLASS MEMBERS should be advised to check the SETTLEMENT WEBSITE or the COURT’s PACER site for the ACTION to confirm that the date has not changed. The SETTLEMENT ADMINISTRATOR shall remain accessible provide CLASS COUNSEL and MEF’s COUNSEL with the opportunity to review the SETTLEMENT WEBSITE at least five (5) days prior to the scheduled launch date, and the SETTLEMENT ADMINISTRATOR will make any revisions to which MEF’s COUNSEL and CLASS COUNSEL agree. The SETTLEMENT ADMINISTRATOR shall maintain and not take down the SETTLEMENT WEBSITE until oneone hundred twenty-hundred eighty five (180125) days after all Settlement Benefits are distributedthe CASH PAYMENT DATE. When the Settlement Website SETTLEMENT WEBSITE is taken down, the Claim Administrator SETTLEMENT ADMINISTRATOR shall immediately transfer ownership of the domain name/URL for the Settlement Website SETTLEMENT WEBSITE to Defendants. Defendants will not thereafter add any content or otherwise revise the Settlement Website or use the URL for the Settlement Website for any other purposesMEF.
(hH) No later than the Notice DateNOTICE DATE, the Claim Administrator also SETTLEMENT ADMINISTRATOR shall distribute the Online NoticeONLINE NOTICE. The Online Notice ONLINE NOTICE shall be distributed utilizing methods such as internet banner advertising, social media sponsored posts, and/or paid search placements and shall be designed to reach 80% the broadest number of the Class consistent with other effective court-approved notice programs and CLASS MEMBERS for whom, MEF estimates, a mailing address or an email address is not available in the Federal Judicial Center’s (FJC) Judges’ Class Action Notice and Claims Process Checklist and Plain Language guideMILLENNIUM DATABASE.
(i) No later than the Notice Date, Defendants shall post the Online Notice on Defendants’ Website, social media accounts, and the ASUS ROG online forms. The online Notice shall link to the Settlement Website.
(jI) On the Notice DateNOTICE DATE, the Claim Administrator SETTLEMENT ADMINISTRATOR shall cause the Pubished Notice PUBLICATION NOTICE to be published in the manner ordered by the CourtCOURT.
(J) Within ten (10) days following the filing of this proposed SETTLEMENT in court, MEF shall serve or shall cause the SETTLEMENT ADMINISTRATOR to serve notice of this SETTLEMENT to the appropriate state and federal officials pursuant to CAFA (28 U.S.C. § 1715). MEF shall be responsible for drafting and preparing the notice in conformity with 28 U.S.C. § 1715 and for identifying the appropriate state and federal officials to be notified.
(K) CLASS NOTICE will:
(i) Contain a concise statement of the background of the ACTION, the certification of the CLASS MEMBERS for purposes of settlement, and the SETTLEMENT;
(ii) Describe the nature and scope of the claims, causes of action, and facts comprised in the SETTLEMENT and explain that SETTLEMENT CLASS MEMBERS will be releasing all RELEASED CLAIMS against the RELEASED PARTIES;
(iii) Describe the relief the SETTLEMENT provides;
(iv) Inform the CLASS MEMBERS how to submit an exclusion request and of their right to object to the SETTLEMENT by the OBJECTION/EXCLUSION DEADLINE;
(v) Inform CLASS MEMBERS how to submit a CLAIM by the CLAIM DEADLINE;
(vi) Explain the impact of the SETTLEMENT on participation in any existing and future litigation, arbitration, regulatory action, remediation, or other proceeding(s);
(vii) State that any relief to the SETTLEMENT CLASS is contingent on the COURT’s FINAL APPROVAL and JUDGMENT;
(viii) State that MEF will pay any INCENTIVE AWARD to the CLASS REPRESENTATIVES and any FEE AND EXPENSE AWARD to CLASS COUNSEL (subject to the terms of the AMENDED AGREEMENT and COURT approval) and that individual SETTLEMENT CLASS MEMBERS will not be responsible themselves for paying any attorneys’ fees, costs, litigation expenses, administration expenses, or incentive award (unless they elect to retain their own attorney at their own expense);
(ix) Include instructions on how to access the case docket for the ACTION via PACER (which requires a PACER account) or in person at the COURT.
(x) Inform the CLASS MEMBERS of the date, time, and place of the FINAL APPROVAL HEARING (and that the date may change without further notice to the CLASS MEMBERS and that CLASS MEMBERS should check the SETTLEMENT WEBSITE or the COURT’s PACER site for the ACTION to confirm that the date has not changed), their right to object to the SETTLEMENT, and their right to appear at the FINAL APPROVAL HEARING as provided by this SETTLEMENT or ordered by the COURT in the PRELIMINARY APPROVAL ORDER, on their own or through counsel of their own selection (at their own expense), and the procedures for doing so as further described below; and
(xi) Advise that any JUDGMENT entered in the ACTION (including the terms of the release set forth in this AMENDED AGREEMENT) will be binding on all CLASS MEMBERS who do not timely exclude themselves from the SETTLEMENT.
33. The SETTLEMENT ADMINISTRATOR shall provide any information or declaration that the PARTIES request to assist with seeking PRELIMINARY APPROVAL and FINAL APPROVAL including, but not limited to, certifying that it has complied with the notice requirements set forth in this AMENDED AGREEMENT.
34. The PARTIES each represent that he, she, or it does not and will not have any financial interest in the SETTLEMENT ADMINISTRATOR ultimately appointed and otherwise will not have a relationship with the SETTLEMENT ADMINISTRATOR ultimately appointed that could create a conflict of interest.
35. The PARTIES acknowledge and agree that the SETTLEMENT ADMINISTRATOR is not an agent of the CLASS REPRESENTATIVES, CLASS COUNSEL, MEF, or MEF’s COUNSEL and that the SETTLEMENT ADMINISTRATOR is not authorized by this AMENDED AGREEMENT or otherwise to act on behalf of the CLASS REPRESENTATIVES, CLASS COUNSEL, MEF, or MEF’s COUNSEL.
36. If a CLASS MEMBER requests that the SETTLEMENT ADMINISTRATOR and/or its agent or employee refer him/her to CLASS COUNSEL, or if a CLASS MEMBER requests advice beyond merely ministerial information regarding applicable deadlines or procedures for submitting a CLAIM or an OBJECTION or for requesting exclusion from the SETTLEMENT or other SETTLEMENT-related forms for which the SETTLEMENT ADMINISTRATOR does not have an approved response, then the SETTLEMENT ADMINISTRATOR and/or its agent or employee shall promptly refer the inquiry to CLASS COUNSEL and MEF’s COUNSEL.
37. The SETTLEMENT ADMINISTRATOR is responsible for:
(A) Printing and distributing the SUMMARY NOTICE approved by the COURT;
(B) Performing mailing address and email address updates and verifications prior to the first distribution of the SUMMARY NOTICE;
(C) Sending mailed SUMMARY NOTICE to those CLASS MEMBERS who were provided SUMMARY NOTICE via email and had it returned undeliverable and who have a mailing address in the MILLENNIUM DATABASE;
(D) Performing a single skip trace address follow up on any returned mail or email SUMMARY NOTICES;
(E) Creating and maintaining the SETTLEMENT WEBSITE and a toll-free number that CLASS MEMBERS can contact to request a copy of the AGREEMENT, this AMENDED AGREEMENT, a CLAIM form, and/or to obtain any other information concerning this SETTLEMENT, the AGREEMENT or this AMENDED AGREEMENT;
(F) Consulting with MEF’s COUNSEL and CLASS COUNSEL concerning any relevant issues, including (without limitation) distribution of the CLASS NOTICE and processing of a CLAIM;
(G) Processing and recording timely and proper requests for exclusion from or objections to the SETTLEMENT;
(H) Processing and recording all CLAIMS;
(I) Preparing, drafting, and serving the CAFA Notice;
(J) By the CASH PAYMENT DATE, distributing CASH PAYMENTS to SETTLEMENT CLASS MEMBERS who submit a VALID CLAIM; and
(K) Such other tasks as the PARTIES mutually agree or the COURT orders the SETTLEMENT ADMINISTRATOR to perform in connection with this AMENDED AGREEMENT.
38. MEF agrees to pay to the SETTLEMENT ADMINISTRATOR all reasonable ADMINISTRATIVE COSTS, which are estimated to be One Hundred Thousand Dollars ($100,000).
39. CLASS COUNSEL agrees that the PARTIES are providing the best notice practicable under the circumstances and will not of their own initiative advocate for content or methods of CLASS NOTICE beyond that to which the PARTIES have agreed in this AMENDED AGREEMENT.
40. Within two hundred and ten (210) days after the EFFECTIVE DATE, the SETTLEMENT ADMINISTRATOR shall destroy all CLASS MEMBERS’ personal identifying information received from MEF and otherwise in connection with the implementation and administration of this SETTLEMENT.
41. Upon completion of the implementation and administration of the SETTLEMENT, the SETTLEMENT ADMINISTRATOR shall provide written certification of such completion to CLASS COUNSEL and to MEF’s COUNSEL.
Appears in 1 contract
Samples: Class Action Settlement Agreement
