EXCLUDING YOURSELF FROM THE SETTLEMENT. If you don’t want a payment from this settlement, but you want to keep the right to xxx or continue to xxx Defendant, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. To exclude yourself from the settlement, you must send a letter saying that you want to be excluded from the Xxxxxxx x. Xxxxxx Auto, LLC d/b/a Sagent Lending Technologies, Civil Action No. 2:18-cv-1054 settlement. You must sign the letter and include a statement that you wish to be excluded from this action. Please be sure to include your name, address and telephone number and signature. You must mail your exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET to the following address: XXXXXX Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendant in the future. THE LAWYERS REPRESENTING YOU The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXX, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to 33 1/3% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual expenses spent on the litigation. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request a service award of $10,000 for the named Plaintiff to compensate him for his time and effort. The Court may award less than these amounts.
Appears in 1 contract
Samples: Class Action Settlement Agreement
EXCLUDING YOURSELF FROM THE SETTLEMENT. If you don’t want a payment from this settlement, but you want to keep the right to xxx or continue to xxx DefendantDefendants, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. To exclude yourself from the settlement, you must send a letter to the address below saying that you want to be excluded from the Xxxxxxx x. Xxxxxx AutoMey v. Venture Data, LLC d/b/a Sagent Lending TechnologiesLLC, Civil Action and Public Opinion Strategies, LLC, Case No. 2:185:14-cv-1054 cv-123 settlement. You must sign the letter and include the following: your full name, address, and telephone number where you may be contacted, the telephone number(s) which you maintain was called by Venture Data, the number of alleged unlawful calls received, and a statement that you wish to be excluded from the Settlement of this action. Please be sure to include your name, address and telephone number and signaturelitigation. You must mail your exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET Month XX, XXXX to the following address: XXXXXX Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendant Defendants in the future. THE LAWYERS REPRESENTING YOU The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXXUnless you exclude yourself, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX you give up any right to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged xxx Defendants for these lawyersthe claims that this settlement resolves. If you want already have a lawsuit that may relate to be represented by the claims being released as part of this class settlement, you should speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawyerlawsuit. Remember, the exclusion deadline is Month XX, XXXX. If you may hire one at your own expense. Class Counsel will exclude yourself, do not submit a Claim Form to ask the Court to approve payment of up to 33 1/3% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual expenses spent on the litigation. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request a service award of $10,000 for the named Plaintiff to compensate him for his time and effort. The Court may award less than these amountspayment.
Appears in 1 contract
Samples: Class Action Settlement Agreement
EXCLUDING YOURSELF FROM THE SETTLEMENT. If you don’t do not want a payment Cash Award from this settlementSettlement, but and you want to keep the right to xxx or continue to xxx DefendantDefendants on your own about the legal issues in this case, then you must take steps to remove exclude yourself from the Settlement ClassSettlement. This Sometimes excluding yourself is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. To exclude yourself from the settlementSettlement, you must send a letter by mail saying that you want to be excluded from the Xxxxxxx x. Xxxxxx AutoIn re Capital One Telephone Consumer Protection Act Litigation, LLC d/b/a Sagent Lending Technologies, Civil Action MDL No. 2:182416, Master Docket No. 1:12-cv-1054 settlementcv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You must sign the letter and also include a statement that you wish to be excluded from this action. Please be sure to include your name, address and telephone number and signaturethe Settlement. You must mail your letter requesting exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET to the following addressDATE] to: XXXXXX Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any paymentSettlement Award, and you cannot object to the settlementSettlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendant Defendants in the futurefuture about the legal claims in this case. If you do not exclude yourself and the Settlement is finally approved, you give up any right to xxx Capital One, AllianceOne, Capital Management Systems, and Leading Edge Recovery Solutions on any of the claims that this Settlement resolves. If you have a pending lawsuit against Capital One, Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, and AllianceOne Receivables Management, Inc. over these claims, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any location other than the address above or after the deadline. You must sign your letter requesting exclusion. A lawyer cannot sign for you. No one else can sign for you. If you opt out, your name will appear in the Court’s records to identify you as someone not bound by the Settlement. THE LAWYERS REPRESENTING YOU The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXX, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX the following law firms to represent you and other Settlement Class Members. : Lead Class Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx, PLLC 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000-0000 Telephone: (000) 000-0000 Xxxxxxx Counsel: Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP, and Xxxxx Xxxxxx Co., LPA; Amadeck Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; Xxxxx counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; These lawyers are called Class Counsel. You will not be charged for these lawyers' services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to 33 1/3$22,636,528 (30% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual ) to compensate them for expenses spent on the litigation. These payments would pay Class Counsel and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the settlementSettlement. Class Counsel will also will request a service an award of service payments of $10,000 5,000 each to the five Class Representatives, in compensation for the named Plaintiff to compensate him for his their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. Any objection to Class Counsel’s application for attorneys’ fees and costs may be mailed, and must be postmarked no later than [DATE], which is 29 days following the filing of Class Counsel’s motion for an award of attorneys’ fees and costs. You can object by sending a letter addressed to the Court at the address listed in the next section of this Notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number, and the reasons you object to the proposed award, or to the amount of the proposed award. OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the Settlement or some part of it. You can tell the Court that you do not agree with the Settlement or some part of it. If you are a Settlement Class Member, you can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying that you object to the proposed Settlement in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and whether you intend to appear at the fairness hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than [DATE]. Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (also known as opting out), is telling the Court that you do not want to be included in the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you. THE FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will be held at [TIME] on [DATE] in Courtroom 1801 of the U.S. District Court for the Northern District of Illinois, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards as described above, and in what amounts. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear at the Fairness Hearing in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You cannot speak at the hearing if you excluded yourself from the Settlement Class. Your letter stating your notice of intention to appear must be postmarked no later than [DATE] and be sent to the following address: IF YOU DO NOTHING If you do nothing, and are a Settlement Class Member, you will not receive a Cash Award after the Court approves the Settlement and any appeals are resolved. In order to receive a Cash Award, you must submit a valid and timely Claim Form. Unless you exclude yourself, you will be bound by the terms and conditions of the Settlement and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case, ever again. GETTING MORE INFORMATION This Notice summarizes the proposed Settlement. More details are in the Amended Settlement Agreement. You can get a copy of the Amended Settlement Agreement by calling the Claims Administrator toll-free at 1-844-357-TCPA (0-000-000-0000); writing to: Capital One TCPA Settlement Claims Administrator, X.X. Xxx 00000-0000, Xxxxxxxx, XX 00000; or visiting the website at xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, where you will find answers to common questions about the Settlement, a claim form, plus other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment or credit. On the website, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, there is a complete notice of the settlement in Spanish. En el sitio web, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, hay una notificación completa del acuerdo en Español. IN RE ) CAPITAL ONE TELEPHONE ) CONSUMER PROTECTION ACT ) LITIGATION ) XXXXXXXX AMADECK, et al., ) CAPITAL ONE FINANCIAL ) CORPORATION, and CAPITAL ONE ) BANK (USA), N.A. ) XXXXXXXX XXXXXX, et al., ) LEADING EDGE RECOVERY ) SOLUTIONS, LLC, and CAPITAL ONE ) BANK (USA), N.A. ) XXXXXXX X. XXXXXXXXX, ) CAPITAL MANAGEMENT ) SERVICES, L.P. and CAPITAL ONE ) BANK (USA), N.A. ) MDL No. 2416 [PROPOSED] FINAL ORDER OF DISMISSAL; The Court having held a Final Approval Hearing on [DATE] , notice of the Final Approval Hearing having been duly given in accordance with this Court’s Order
Appears in 1 contract
Samples: Settlement Agreement
EXCLUDING YOURSELF FROM THE SETTLEMENT. If you don’t do not want a payment Cash Award from this settlementSettlement, but and you want to keep the right to xxx sue or continue to xxx Defendantsue Defendants on your own about the legal issues in this case, then you must take steps to remove exclude yourself from the Settlement ClassSettlement. This Sometimes excluding yourself is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. To exclude yourself from the settlementSettlement, you must send a letter by mail saying that you want to be excluded from the Xxxxxxx x. Xxxxxx AutoIn re Capital One Telephone Consumer Protection Act Litigation, LLC d/b/a Sagent Lending Technologies, Civil Action MDL No. 2:182416, Master Docket No. 1:12-cv-1054 settlementcv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You must sign the letter and also include a statement that you wish to be excluded from this action. Please be sure to include your name, address and telephone number and signaturethe Settlement. You must mail your letter requesting exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET to the following addressDATE] to: XXXXXX Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any paymentSettlement Award, and you cannot object to the settlementSettlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx sue (or continue to xxxsue) Defendant Defendants in the futurefuture about the legal claims in this case. THE LAWYERS REPRESENTING YOU If you do not exclude yourself and the Settlement is finally approved, you give up any right to sue Capital One, AllianceOne, Capital Management Systems, and Leading Edge Recovery Solutions on any of the claims that this Settlement resolves. If you have a pending lawsuit against Capital One, Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, and AllianceOne Receivables Management, Inc. over these claims, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any location other than the address above or after the deadline. You must sign your letter requesting exclusion. A lawyer cannot sign for you. No one else can sign for you. If you opt out, your name will appear in the Court’s records to identify you as someone not bound by the Settlement. The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXX, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX the following law firms to represent you and other Settlement Class Members. : Lead Class Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx, PLLC 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000-0000 Telephone: (000) 000-0000 Xxxxxxx Counsel: Lieff Cabraser Xxxxxxx & Xxxxxxxxx, XXX, and Xxxxx Xxxxxx Co., LPA; Amadeck Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx XXXX, and Xxxxxxxxxx & Xxxxxxxx; Xxxxx counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx XXXX, and Xxxxxxxxxx & Xxxxxxxx; These lawyers are called Class Counsel. You will not be charged for these lawyers' services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to 33 1/3$22,636,528 (30% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual ) to compensate them for expenses spent on the litigation. These payments would pay Class Counsel and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the settlementSettlement. Class Counsel will also will request a service an award of service payments of $10,000 5,000 each to the five Class Representatives, in compensation for the named Plaintiff to compensate him for his their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. Any objection to Class Counsel’s application for attorneys’ fees and costs may be mailed, and must be postmarked no later than [DATE], which is 29 days following the filing of Class Counsel’s motion for an award of attorneys’ fees and costs. You can object by sending a letter addressed to the Court at the address listed in the next section of this Notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number, and the reasons you object to the proposed award, or to the amount of the proposed award. You can tell the Court that you do not agree with the Settlement or some part of it. You can tell the Court that you do not agree with the Settlement or some part of it. If you are a Settlement Class Member, you can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying that you object to the proposed Settlement in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and whether you intend to appear at the fairness hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than [DATE]. Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (also known as opting out), is telling the Court that you do not want to be included in the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you.
Appears in 1 contract
Samples: Settlement Agreement
EXCLUDING YOURSELF FROM THE SETTLEMENT. If you don’t do not want a payment Cash Award from this settlementSettlement, but and you want to keep the right to xxx or continue to xxx DefendantDefendants on your own about the legal issues in this case, then you must take steps to remove exclude yourself from the Settlement ClassSettlement. This Sometimes excluding yourself is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. To exclude yourself from the settlementSettlement, you must send a letter by mail saying that you want to be excluded from the Xxxxxxx x. Xxxxxx AutoIn re Capital One Telephone Consumer Protection Act Litigation, LLC d/b/a Sagent Lending Technologies, Civil Action MDL No. 2:182416, Master Docket No. 1:12-cv-1054 settlementcv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You must sign the letter and also include a statement that you wish to be excluded from this action. Please be sure to include your name, address and telephone number and signaturethe Settlement. You must mail your letter requesting exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET to the following addressDATE] to: XXXXXX Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any paymentSettlement Award, and you cannot object to the settlementSettlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendant Defendants in the futurefuture about the legal claims in this case. If you do not exclude yourself and the Settlement is finally approved, you give up any right to xxx Capital One, AllianceOne, Capital Management Systems, and Leading Edge Recovery Solutions on any of the claims that this Settlement resolves. If you have a pending lawsuit against Capital One, Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, and AllianceOne Receivables Management, Inc. over these claims, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any location other than the address above or after the deadline. You must sign your letter requesting exclusion. A lawyer cannot sign for you. No one else can sign for you. If you opt out, your name will appear in the Court’s records to identify you as someone not bound by the Settlement. THE LAWYERS REPRESENTING YOU The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXX, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX the following law firms to represent you and other Settlement Class Members. : Lead Class Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx, PLLC 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000-0000 Telephone: (000) 000-0000 Xxxxxxx Counsel: Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP, and Xxxxx Xxxxxx Co., LPA; Amadeck Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; Xxxxx counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; These lawyers are called Class Counsel. You will not be charged for these lawyers' services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to 33 1/3$22,636,528 (30% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual ) to compensate them for expenses spent on the litigation. These payments would pay Class Counsel and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the settlementSettlement. Class Counsel will also will request a service an award of service payments of $10,000 5,000 each to the five Class Representatives, in compensation for the named Plaintiff to compensate him for his their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. Any objection to Class Counsel’s application for attorneys’ fees and costs may be mailed, and must be postmarked no later than [DATE], which is 29 days following the filing of Class Counsel’s motion for an award of attorneys’ fees and costs. You can object by sending a letter addressed to the Court at the address listed in the next section of this Notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number, and the reasons you object to the proposed award, or to the amount of the proposed award. OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the Settlement or some part of it. You can tell the Court that you do not agree with the Settlement or some part of it. If you are a Settlement Class Member, you can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying that you object to the proposed Settlement in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and whether you intend to appear at the fairness hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than [DATE]. Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (also known as opting out), is telling the Court that you do not want to be included in the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you. THE FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will be held at [TIME] on [DATE] in Courtroom 1801 of the U.S. District Court for the Northern District of Illinois, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards as described above, and in what amounts. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear at the Fairness Hearing in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You cannot speak at the hearing if you excluded yourself from the Settlement Class. Your letter stating your notice of intention to appear must be postmarked no later than [DATE] and be sent to the following address: IF YOU DO NOTHING If you do nothing, and are a Settlement Class Member, you will not receive a Cash Award after the Court approves the Settlement and any appeals are resolved. In order to receive a Cash Award, you must submit a valid and timely Claim Form. Unless you exclude yourself, you will be bound by the terms and conditions of the Settlement and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case, ever again. GETTING MORE INFORMATION This Notice summarizes the proposed Settlement. More details are in the Amended Settlement Agreement. You can get a copy of the Amended Settlement Agreement by calling the Claims Administrator toll-free at 1-844-357-TCPA (0-000-000-0000); writing to: Capital One TCPA Settlement Claims Administrator, X.X. Xxx 00000-0000, Xxxxxxxx, XX 00000; or visiting the website at xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, where you will find answers to common questions about the Settlement, a claim form, plus other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment or credit. On the website, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, there is a complete notice of the settlement in Spanish. En el sitio web, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, hay una notificación completa del acuerdo en Español. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE CAPITAL ONE TELEPHONE CONSUMER PROTECTION ACT LITIGATION ) ) ) ) ) Master Docket No. 1:12-cv-10064 MDL No. 2416 This document relates to: XXXXXXXX AMADECK, et al., v. CAPITAL ONE FINANCIAL CORPORATION, and CAPITAL ONE BANK (USA), N.A. ) ) ) ) ) ) ) ) ) Case No: 1:12-cv-10135 This document relates to: XXXXXXXX XXXXXX, et al., v. LEADING EDGE RECOVERY SOLUTIONS, LLC, and CAPITAL ONE BANK (USA), N.A. ) ) ) ) ) ) ) ) ) Case No: 1:11-cv-05886 This document relates to: XXXXXXX X. XXXXXXXXX, v. CAPITAL MANAGEMENT SERVICES, L.P. and CAPITAL ONE BANK (USA), N.A. ) ) ) ) ) ) ) ) ) Case No: 1:12-cv-01061 The Court having held a Final Approval Hearing on [DATE] , notice of the Final Approval Hearing having been duly given in accordance with this Court’s Order
Appears in 1 contract
Samples: Settlement Agreement
EXCLUDING YOURSELF FROM THE SETTLEMENT. If you don’t want do not wish to participate in the Settlement, you may exclude yourself by submitting a request for exclusion. Your request for exclusion must be signed, dated, completed and returned by first class U.S. Mail, or the equivalent to the Settlement Administrator at the address set forth above. The request for exclusion must be received by the Settlement Administrator no later than , 2020, which is 45 days after service of the Class Notice Documents. The request for exclusion must be sent by United States Postal Service first class mail or the equivalent. If the request for exclusion is received after , it will be accepted as long as it bears a postmark on or prior to that date. If you submit a complete and timely request for exclusion, you shall, upon receipt, no longer be a Class Member, shall be barred from participating in any portion of the Settlement, and shall receive no payment from this settlementthe Settlement. You will retain whatever rights or claims you may have, but if any, against Defendants or related persons or entities, and you want will be free to keep pursue them on an individual basis, if you choose to do so. Do not submit a Valid Claim and a request for exclusion. If you submit a Valid Claim and a request for exclusion, the right to xxx or continue to xxx Defendant, then request for exclusion will be disregarded and you must take steps to remove yourself from will be included in the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” Classes, you will be paid your portion of the Net Settlement ClassAmount, and you will be bound by the terms of the Settlement, including the release of all claims. To exclude yourself from the settlement, If you must send a letter saying that you want do not request to be excluded from the Xxxxxxx x. Xxxxxx Auto, LLC d/b/a Sagent Lending Technologies, Civil Action No. 2:18-cv-1054 settlement. You must sign the letter and include a statement that you wish to be excluded from this action. Please be sure to include your name, address and telephone number and signature. You must mail your exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET to the following address: XXXXXX Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any paymentAction, and you cando not object to the settlementproposed Settlement in the manner provided below, you will be deemed to have approved the proposed Settlement and to have waived any objections, and you will be forever foreclosed from objecting to the fairness or adequacy of the proposed Settlement, the payment of attorneys’ fees and costs, the claims process, the payments to the Class Representatives, or any other aspect of the Settlement. You If the Settlement is not approved, the Action will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendant in the future. THE LAWYERS REPRESENTING YOU The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXX, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX to represent you and be prepared for trial or other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to 33 1/3% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual expenses spent on the litigation. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request a service award of $10,000 for the named Plaintiff to compensate him for his time and effort. The Court may award less than these amountsjudicial resolution.
Appears in 1 contract
Samples: Settlement Agreement