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. 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. 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. Performing National Change of Address searches and/or skip tracing on the Settlement Class List;
d. Providing Notice to Settlement Class Members via U.S. mail;
e. Establishing and maintaining the Settlement Website;
f. 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;
g. Responding to any mailed or emailed Settlement Class Member inquiries within one
(1) business day;
h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members;
i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and LDSCO’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 LDSCO’s Counsel;
j. After the Effective Date, processing and transmitting settlement payments to Settlement Class Members;
k. Providing weekly or other periodic reports to Class Counsel and LDSCO’s Counsel that include information regarding the number of settlement electronic payments and/or checks mailed and delivered, electronic payments and/or 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 LDSCO’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund;
l. 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
m. Performing ...
Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for:
1. Preparing, printing and disseminating to Settlement Class Members the Class Notice, Claim Form, and Exclusion Form;
2. Promptly furnishing to counsel for the Parties copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives;
3. Determining and distributing the claimed Settlement Share of each qualifying Final Settlement Class Member in accordance with this Settlement Agreement;
4. Keeping track of requests for exclusion including maintaining the original mailing envelope in which the request was mailed;
5. Preparing and mailing, in accordance with this Settlement Agreement and Order of the Court, the Named Plaintiffs’ enhancement awards, and Settlement Shares to claiming Final Settlement Class Members;
6. Performing all tax calculation and reporting duties required by federal, state or local law including the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.);
7. Referring to Class Counsel all inquiries by Settlement Class Members regarding matters not within the Settlement Administrator’s duties specified herein;
8. Apprising counsel for the Parties of the activities of the Settlement Administrator;
9. 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;
10. Confirming in writing its completion of the administration of the settlement;
11. Preparing a final report summarizing the number of requests for exclusion and disputes filed;
12. Preparing a declaration attesting to compliance with the requirements set forth above. Such declaration shall be provided to Class Counsel and Defendants’ Counsel and filed with the Court no later than ten (10) days prior to the Final Approval Hearing, or as soon as practicable prior to the Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline;
13. Resolving disputes during the claims administration process in the manner provided under subparagraph C below; and
14. 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. The duties of the Settlement Administrator, in addition to any other responsibilities that are described in this Agreement, shall include but are not limited to:
2.2.1. Serving notice as required by the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715, within ten (10) days after the filing of the motion for Preliminary Approval;
2.2.2. Securely maintaining all data provided to the Settlement Administrator in connection with this Settlement.
Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be responsible for the following:
a) Preparing, printing, and disseminating the Postcard Notice to Settlement Class Members;
b) Within thirty (30) days after the entry of the Preliminary Approval Order (the Class Notice Date), sending by First Class Mail the Postcard Notice to all Settlement Class Members. Before any mailing under this paragraph occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the e any change of address on file with the USPS. In the event that a Postcard Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Postcard Notice to the forwarding address within ten (10) days of receiving the returned Postcard Notice. In the event that subsequent to the first mailing of a Postcard Notice, and at least fourteen (14) days prior to the Objection Date and Request for Exclusion Deadline, a Postcard Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked ew forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Postcard Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing;
c) Maintaining the Settlement Website and toll-free number with recorded answers for ninety (90) days following the Effective Date.
d) Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed;
e) Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed;
f) Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed;
g) Keeping track of all other communications from Settlement Class Members, including maintaining the original mailing envelope in which any communication was mailed;
h) Maintaining adequate records of its activities, including the dates of...
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 solely responsible for:
