E-mail or Mail Notice. The Settlement Administrator will make reasonable efforts to provide individual direct notice to those persons identified as possible members of the Settlement Class based upon a list of telephone numbers to be compiled by DCSI, by performing reverse lookups in an effort to identify persons in the Settlement Class and to determine their most recent e-mail addresses and/or direct mailing addresses. The Settlement Administrator may rely on E-Mail Notice to notify persons identified as possible members in the Settlement Class; Mail Notice may also be used to provide notice. To the extent necessary, the Settlement Administrator will perform a search using the National Change of Address database and update its records prior to mailing. The E-mail and Mail Notices shall direct recipients to the Settlement Website and the Long-Form Notice available on the Settlement Website (described in III.E.2). The E-Mail Notice shall employ technology (such as tracking, return-receipt or other code embedded within the e- mails or e-mail headers or metadata) to permit the Settlement Administrator to reasonably determine whether e-mails have been delivered and/or opened. The E-Mail Notice also shall have a hyperlink that Class Member recipients may click and be taken to a landing page on the Settlement Website. The Settlement Administrator shall use reasonable means to ensure that the E-Mail Notice is not blocked from delivery or diverted to junk e-mail folders by spam filters or similar technology.
E-mail or Mail Notice. The Claims Administrator will provide individual notice via either: (i) electronic mail, to the most recent e-mail address as reflected in Discover’s reasonably available computerized account records, to all persons in the Settlement Class for whom such records exist and who have not opted out of receiving electronic mail from Discover, in accordance with Discover’s currently existing e-mail opt-out policies (the “E-mail Notice”); or
E-mail or Mail Notice. Within fifteen (15) days following Preliminary Approval, Synchrony will provide to the Settlement Administrator a list of approximately 715,000 cellular telephone numbers identified by Synchrony, through its consultant, as belonging to potential members of the Settlement Class. The Parties understand and acknowledge that certain of these telephone numbers will be associated with persons who are not necessarily members of the Settlement Class, but nonetheless direct notice will be attempted based on this set of telephone numbers. Without admitting that any class could be certified for litigation purposes, Synchrony estimates in good faith that the Settlement Class contains approximately 650,000 individuals. The Settlement Administrator will perform reverse lookups in an effort to identify persons entitled to notice and to determine their most recent e-mail and/or mailing address information. The Settlement Administrator may rely on e-mail (“E-Mail Notice”) to notify persons identified as possible members in the Settlement Class; direct mail (“Mail Notice”) may additionally, or alternatively, be used to provide notice. To the extent necessary, the Settlement Administrator will perform a search using the National Change of Address database and update its records prior to any mailing. The Mail Notice and E-Mail Notice shall be in the form attached hereto as Exhibits 2 and 3, respectively. The E-Mail Notice shall employ technology (such as tracking, return-receipt or other code embedded within the e-mails or e-mail headers or metadata) to permit the Settlement Administrator to reasonably determine whether e-mails have been delivered and/or opened. The E-Mail Notice also shall have a hyperlink that Class Member recipients may click and be taken to a landing page on the Settlement Website. The Settlement Administrator shall use reasonable means to ensure that the E-Mail Notice is not blocked from delivery or diverted to junk e-mail folders by spam filters or similar technology.
