Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following:
a. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members;
Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following:
a. Creating, administering, and overseeing the Settlement Fund;
b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members;
c. Providing Notice to Settlement Class Members via U.S. mail;
d. Establishing and maintaining the Settlement Website;
e. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day;
f. Responding to any mailed or emailed Settlement Class Member inquiries within one (1) business day;
g. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s Counsel;
h. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual Recipient;
i. Providing weekly or other periodic reports to Class Counsel and Experian’s Counsel that include information regarding the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund;
j. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and
k. Performing any function related to Settlement administration at the agreed- upon instruction of Class Counsel or Experian’s Counsel, including, but not limited to, verifying that Settlement Payments have been di...
Duties of Settlement Administrator. 8.1. The Settlement Administrator shall perform the functions specified in this Agreement, any functions specified in the Notice Plan after Court approval, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of the Settlement Administrator shall include:
8.1.1. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members. Specifically, the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a Settlement Class Member; (ii) the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.1; and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Expense Reimbursement and Documented Extraordinary Expense Reimbursement submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/losses resulted from the Data Breach.
8.1.2. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as the Settlement Administrator may reasonably require in order to evaluate the Settlement Claim, e.g., documentation requested on the Claim Form and information regarding the claimed expenses and losses. If supplemental claim information is requested, the Settlement Administrator shall give the claimant reasonable time in the Settlement Administrator’s discretion but not exceeding thirty (30) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement Administrator, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim information, and in reasonably exercising its discretion, may deny a claim without requesting supplemental claim information.
8.1.3. Establishi...
Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible for the following:
i. Preparing, printing, and disseminating the Postcard Notice to Class Members;
ii. Preparing, printing, and disseminating all CAFA notices as required by law and in accordance with this agreement;
iii. No later than the Class Notice Date, sending by First Class Mail the Postcard Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of mailing of the first Postcard Notice. For those Postcard Notices that are returned as undeliverable with a forwarding address, the Settlement Administrator will forward the Postcard Notice to the new address. For those Postcard Notices that are returned as undeliverable with no forwarding address, the Settlement Administrator will run a skip trace in an attempt to obtain a current address and re-mail Postcard Notices to any current addresses it locates;
iv. From the date of mailing of the first Postcard Notice, and thereafter for six (6) months after the Effective Date, maintaining (i) the Settlement Website, and (ii) a toll-free number with recorded answers to commonly asked settlement questions, the ability to leave a message and request a call back, and reference to the Settlement Website;
v. Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed;
vi. Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed;
vii. Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed;
viii. Keeping track of all other communications from Class Members, including maintaining the original mailing envelope in which any communication was mailed;
ix. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications, and attempted written or electronic communications with Class Members;
x. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, (ii) copies of any objections, and (iii) all other written or electronic communications received from Class Members;
xi. Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclud...
Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for:
i) Preparing, printing and disseminating to Settlement Class Members the Class Notice;
ii) Promptly furnishing to Class Counsel and Defense Counsel copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
iii) Determining and distributing the Individual Settlement Payment to each Final Settlement Class Member and/or PAGA Member;
iv) Keeping track of requests for exclusion;
v) Preparing and mailing, in accordance with this Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Plaintiffs’ incentive awards, Individual Settlement Payments to Final Settlement Class Members and/or PAGA Members, and the LWDA Payment;
vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses;
vii) Performing all tax reporting duties required by federal, state, and/or local law pertaining to the Settlement Administrator’s duties (e.g., 1099s, etc.);
viii) Apprising Class Counsel and Defense Counsel of the activities of the Settlement Administrator;
ix) Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications and attempted written or electronic communications with Settlement Class Members;
x) Confirming with Class Counsel and Defense Counsel, in writing, its completion of the administration of the Settlement;
xi) Preparing a final report summarizing the number of requests for exclusion returned during the Response Period, as well as any objections received by the Settlement Administrator;
xii) Resolving disputes during the settlement administration process in the manner provided under Section VI.B. below; and
xiii) Such other tasks as the Parties mutually agree.
Duties of Settlement Administrator. 9.1. The Parties agree that Class Counsel will retain, subject to Court approval, an independent Settlement Administrator. The Settlement Administrator shall perform the functions specified in this Agreement, any functions specified in the Notice Plan or Consumer Settlement Benefits Plan after Court approval, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan and Consumer Settlement Benefits Plan, once approved by the Court), the duties of the Settlement Administrator shall include:
9.1.1. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members;
Duties of Settlement Administrator. The Settlement Administrator’s duties will include sending the Class Notice to all Settlement Class Members; sending CAFA notice; creating, maintaining, and monitoring a settlement website; receiving and administering claims for Qualified Past Repair reimbursements; receiving and determining validity of opt-out notices and objections; providing the Settling Parties with periodic status reports about the delivery of the notices, claims administration status, and receipt of objections to and requests to opt out; and otherwise administering the Settlement pursuant to this Agreement. Along with the motion for preliminary approval, the proposed Settlement Administrator shall file a declaration describing in detail the Notice Plan.
Duties of Settlement Administrator. In addition to other duties as set forth in this Settlement Agreement, the Settlement Administrator shall be solely responsible for the following:
1. Not later than ten (10) calendar days after the filing of this Settlement Agreement with the Court, serving (on Volusion’s behalf) or causing to be served (on Volusion’s behalf) the proposed Settlement upon the appropriate federal and state officials, as provided by CAFA.
2. Preparing, printing, and disseminating the Class Notice to Class Members.
Duties of Settlement Administrator. The Settlement Administrator shall be responsible for all duties assigned to it under this Agreement. By way of example, but not limitation, in addition to establishing, maintaining, managing, and protecting the security of the Settlement Fund Account, the Settlement Administrator shall cause to occur, and shall be DocuSign Envelope ID: BB274F0F-ADEA-4FF7-A65C-DCD4B8170B21 responsible for, all notices in whatever form required of the Settlement Administrator and the establishment and maintenance of all websites required by this Agreement or by the court overseeing the Lawsuit. Further, the Settlement Administrator shall receive at its offices and review every Claim Form submitted by a putative Class Member (each, a “Claim”), determine whether the claimant is an eligible Class Member, approve or deny all such Claims, and send to each Class Member with an approved claim (each an “Approved Claim”) the appropriate Class Relief as provided for under Section C(1) and Section C(3), above.
Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for:
