E-Mailing or Mailing of Settlement Notice. The Claims Administrator will send the Settlement Notice via: (i) electronic mail, to the most recent email address as reflected in Capital One’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 Capital One, in accordance with Capital One’s currently existing email opt-out policies; or (ii) first class mail, to the most recent mailing address as reflected in Capital One’s reasonably available computerized account records, for those persons in the Settlement Class for whom Capital One does not have an email address (as reflected in reasonably available computerized account records) and/or who have opted out of receiving emails from Capital One, in accordance with Capital One’s currently existing email opt-out policies, and to those persons in the Settlement Class whose emails are undeliverable.
E-Mailing or Mailing of Settlement Notice. The Claims Administrator shall send the initial Settlement Notice to the Class Members via: (i) first class mail within thirty (30) business days after entry of the Preliminary Approval Order; and (ii) electronic mail, to the extent the Claims Administrator is able to obtain the electronic mail addresses of Class Members . The Claims Administrator shall use the Notice Database to obtain each Class Member’s last known address where available. The last known address of persons in the Settlement Class, as set forth in the Notice Database, will be subject to confirmation or updating as follows: (i) the Claims Administrator will check each address against the United States Post Office National Change of Address Database before the initial mailing, (ii) for each mailing returned as undeliverable and with no forwarding address provided, the Claims Administrator will conduct a search using the corresponding telephone number in the Notice Database and, provided a reasonable match is found showing a new address, update the address accordingly, (iii) the Claims Administrator will update addresses based on any forwarding information received from the United States Post Office, and (iv) the Claims Administrator will update addresses based on verified requests received from persons in the Settlement Class. The Claims Administrator will promptly re-mail the Notices to the updated addresses provided under scenarios ii, iii, and iv above.
E-Mailing or Mailing of Settlement Notice. The Claims Administrator will send the Settlement Notice via: (i) electronic mail, to the most recent email address as reflected in Capital One’s reasonably available computerized account records, to all persons in the Settlement Class for whom such records exist, provided Capital One and the Claims Administrator each believe such electronic mail address will reach the Class Member and will likely be viewed by the Class Member and who have not opted out of receiving electronic mail from Capital One, in accordance with Capital One’s currently existing email opt-out policies; or (ii) first class mail, to the most recent mailing address as reflected in Capital One’s reasonably available computerized account records, for those persons in the Settlement Class for whom Capital One does not have an email address (as reflected in reasonably available computerized account records) and/or who have opted out of receiving emails from Capital One, in accordance with Capital One’s currently existing email opt-out policies, and to those persons in the Settlement Class whose emails are undeliverable.
