Conditions for Claiming Cash Award. To make a claim, a Settlement Class Member must submit by the Claims Deadline a valid and timely Claim Form, which, depending on the method of filing a claim, will contain the information set forth in either Exhibit A or Exhibit B2 attached hereto. If a Settlement Class Member fails to fully complete a Claim Form, the Claim Form will be invalid. Any Settlement Class Member who has submitted or submits an incomplete or inaccurate Claim Form will be permitted to re-submit a Claim Form within thirty- five (35) calendar days after the sending of notice of the defect by the Claims Administrator. Class Counsel will be kept apprised of the volume and nature of defective claims and allowed to communicate with Settlement Class Members as they deem appropriate to cure such deficiencies.
Conditions for Claiming Cash Award. To make a claim, Settlement Class Members must submit by the Claims Deadline a valid and timely Claim Form by U.S. mail, through the Settlement Website, or through the toll-free telephone number, which shall contain the information set forth in Exhibit A hereto, including the Settlement Class Member’s (1) name;
Conditions for Claiming Cash Award. To make a claim, Settlement Class Members must submit by the Claims Deadline a valid and timely Claim Form, which shall contain the information set forth in Exhibit A hereto, including the following: (i) the Settlement Class Member’s full name; (ii) the telephone number at which Defendant allegedly contacted the Settlement Class Member; (iii) affirmation that the Settlement Class Member received a call on behalf of Defendant to a telephone number that the Settlement Class Member used or subscribed to; and (iv) affirmation that the Settlement Class Member was not a customer of Defendant at the time of the call(s). If a Settlement Class Member fails to fully complete a Claim Form, the Claim Form will be invalid. Defendant shall have the right to review and research the submitted Claim Forms and to suggest denial of claims if Defendant has a good faith belief that such claims are improper or fraudulent. Any suggestion of denial of claims shall be provided to Class Counsel in writing. If the Parties cannot agree upon which claims should be denied then they shall submit the issue to the Court for determination.
Conditions for Claiming Cash Award. To make a claim, Settlement Class Members must submit by the Claims Deadline a valid and timely Claim Form by U.S. mail or through the Settlement Website, which shall contain the information set forth in Exhibit A hereto, including the Settlement Class Member’s 1) name; 2) current address; 3) cell phone number on which claimant received Text(s) from ContextMedia; 4) current contact telephone number, if available; and 5) contact email address, if available. The Claims Administrator will notify claimants who submit a first incomplete or incorrect claim form of the deficiency, including an incorrect cell phone number, and provide them the opportunity to submit a corrected form. Claims will be limited to one claim per person, per unique cell phone number, with the proportionate Cash Award being based on a pro-rata per-text amount of the remaining Settlement Fund.
Conditions for Claiming Cash Award. To make a claim, Settlement Class Members must submit by the Claims Deadline a valid and timely Claim Form by U.S. mail or through the Settlement Website (pursuant to Paragraph 8.04), which shall contain the information set forth in Exhibit A hereto, including the Settlement Class Member’s 1) name; 2) current address; 3) cell phone number on which the claimant received a Citizens call; 4) current, additional contact telephone number; and 5) contact email address, if available. The Claim Form must also be signed by the claimant. The Claims Administrator will notify claimants who submit a first incomplete or incorrect claim form of the deficiency, including an incorrect cell phone number, and provide them the opportunity to submit a corrected form. Claims will be limited to one claim per person, per unique cell phone number, regardless of the number of times the number was called.
Conditions for Claiming Cash Award. To make a claim, Settlement Class Members must submit by the Claims Deadline a valid and timely Claim Form through the Settlement Website, by U.S. Mail, or through the toll-free telephone number. The Claim Form shall contain the information set forth in Exhibit A hereto, including the Settlement Class Member’s (1) name; (2) current address; (3) cellular phone number(s) called; (4) certification under the penalty of perjury that the claimant was called by NMAC on the identified cellular number(s) during the Class Period and the claimant was not a customer of NMAC at the time of the call; (5) where applicable, and if known, the identification code of the Mail Notice; and
Conditions for Claiming Cash Award. To make a claim, Class Members and California Subclass Members must submit by the Claims Deadline a valid and timely Claim Form, which shall contain the information set forth in Exhibit E to this Agreement, including (i) the Class Member’s or California Subclass Member’s full name and address,; and, solely if a Claimant is seeking Out-of-Pocket Losses as detailed in Exhibit E, (ii) the type of cost(s) requested, the approximate date(s) of loss(es), the amount(s) of loss, a description(s) of the supporting reasonable documents, and Reasonable Documentation. In the event that the Claimant seeks Out-of-Pocket losses for time expenditures, the Claimant can either select that they have provided Reasonable Documentation of their lost time or Self-Certify their time up to five (5) hours.
(a) The Claims Administrator shall be responsible for receiving and keeping safe and secure all Claims Forms.
(b) The Claims Administrator shall review Claim Forms submitted by Class Members and California Subclass Members to determine whether they are eligible for settlement payment.
(1) The Claims Administrator shall evaluate Claims for Out- of-Pocket Losses and determine whether the Claims are valid and plausibly traceable to the Security Incident. Out-of-Pocket Losses shall be deemed plausibly traceable to the Security Incident if (i) they were incurred on or after July 11, 2022, through the date of the Class Member of California Subclass Member’s Claim submission; and (ii) the Class Member or California Subclass Member has Reasonable Documentation to support the Claims.
(2) If the Claims Administrator rejects a Class Member or California Subclass Member’s claims for Out-of-Pocket Losses, the Class Member or California Subclass Member shall receive only a Default Settlement Payment.
(3) For the avoidance of doubt, a Class Member or California Subclass Member who submits a valid claim for Out-of-Pocket Losses will also automatically receive a Default Settlement Payment.
Conditions for Claiming Cash Award. To make a claim, Settlement Class Members must submit by the Claims Deadline a valid and timely Claim Form, which shall contain the information set forth in Exhibit A hereto, including the following: (i) the Settlement Class Member’s full name; and (ii) the telephone number that the Settlement Class Member used or subscribed to during the Settlement Class Period.
a. The Claims Administrator shall be responsible for receiving and keeping safe and secure all Claims Forms. Upon the Effective Date, the Claims Administrator shall examine each Claim Form to determine whether the claimant is a Settlement Class Member entitled to receive a Cash Award, and the claimant’s share pursuant to Section 5.06. To make this determination, the Claims Administrator shall compare the information supplied by the claimant to telephone number and call date(s) found in the Notice Database. To the extent a Claim Form is submitted by a person to whom the Claims Administrator did not send direct Notice, the Claim Form will be accepted if the Notice Database shows calls to that person’s telephone number within the time period identified on their Claim Form.
b. In the event more than one claimant submits a claim regarding a particular telephone number found in the Notice Database, and the claims overlap in time period (i.e., more than one claimant submits a claim that would apply to a particular call listed in the Notice Database), the Claims Administrator will promptly provide such information to Counsel for the Parties. The Claims Administrator and Class Counsel may contact and/or follow up with the competing claimants, may examine extrinsic information (such as reverse look-up and wireless carrier data), and shall discuss to determine which competing claim is valid. In the event of a divorced husband and wife, or other limited circumstances, the Claims Administrator may split the payment amount, but in no event shall those circumstances entitle any Settlement Class Member to receive more than his or her Cash Award.
c. The Claims Administrator shall have discretion to permit any Settlement Class Member who has submitted an incomplete or invalid Claim Form to re-submit a Claim Form within thirty-five (35) calendar days of the sending of notice of the incompleteness by the Claims Administrator, and shall, at its discretion, use best practices designed to ensure that only Settlement Class Members receive payment.
