Individual Class Notice Methods. 5.3 Following the Court granting preliminary approval of this Settlement, the Settlement Administrator shall provide by direct U.S. mail, to all reasonably identifiable Class Members, a notice substantially in the form attached hereto as Exhibit C (“Short-Form Notice”). The Settlement Administrator shall further set up and maintain a Settlement Website where Class Members can access a “Long-Form Notice” (substantially in the form attached hereto as Exhibit B), a Claim Form, a copy of this Settlement Agreement, the operative complaint, and additional information about the Action and Settlement. The Short-Form Notice will include the address of the Settlement Website, as well as a toll-free number for an interactive voice recording service that allows Class Members to leave a request for a paper copy of the Long-Form Notice. 5.4 For purposes of mailing Notice, FCA US agrees to provide to the Settlement Administrator within 21 days of entry of the Preliminary Approval Order all available names and mailing address information for original and subsequent purchasers and lessors of each Class Vehicle, along with those Class Vehicles’ VINs. The Settlement Administrator shall provide all available contact information, including all Class Vehicles’ VINs, to X.X. Xxxx & Company, or a similar third-party entity, which shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. Prior to mailing the individual Short-Form Notice, the Settlement Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Class Members. 5.5 The Parties agree that the names and addresses provided to the Settlement Administrator shall not be used for any purpose other than for providing the written notice identified herein and that such names and addresses shall be treated as private and confidential information and not disseminated, in any manner, to anyone other than the Settlement Administrator. The Parties agree to seek entry of an Order by the Court mandating that FCA US provide the names and addresses to the Settlement Administrator and that such information be treated as private, confidential, and proprietary. 5.6 For all Class Members for whom the Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the new address indicated. For all Class Members for whom the Notice is returned without forwarding address information, the Settlement Administrator shall perform an advanced address search and re-mail the Notice to the best known address resulting from that search. 5.7 For a period ending 90 days after the Notice Date, the Settlement Administrator shall provide Co-Lead Class Counsel and FCA US with reasonable periodic reports of the total number of Notices sent to Class Members by U.S. mail, along with the numbers of Notices returned as undeliverable. The Settlement Administrator shall communicate with Co-Lead Class Counsel and FCA US regarding delivery of Notice and the number of Class Members who have responded to the Notice.
Appears in 4 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Individual Class Notice Methods. 5.3 1. Following the Court granting preliminary approval of this Settlement, the Defendants or their Settlement Administrator Administrators shall provide by direct U.S. mail, to all reasonably identifiable Class Members, a notice substantially in each of the form attached hereto as Exhibit C following: (“Short-i) the Long Form Notice”). The Settlement Administrator shall further set up Notice and maintain a Settlement Website where Class Members can access a “Long-Form Notice” (substantially in the form attached hereto as Exhibit B), ii) a Claim Form, a copy of this Settlement Agreement, the operative complaint, and additional information about the Action and Settlement. The Short-Form Notice will include the address of the Settlement Website, as well as a toll-free number for an interactive voice recording service that allows Class Members to leave a request for a paper copy of the Long-Form Notice.
5.4 For purposes of mailing Noticeidentifying the requisite names and addresses, FCA US agrees Defendants or their Settlement Administrator agree to provide provide, to the Settlement Administrator within 21 days of entry of the Preliminary Approval Order extent they have not already done so, all available names and mailing address information for original and subsequent purchasers and lessors addresses of each Class VehicleVehicle owners, along with those Class Vehicles’ VINs. The Settlement Administrator shall provide all available contact information, including all Class Vehicles’ Vehicle VINs, to X.X. Xxxx & Company, or a similar third-party entity, which who shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. Prior to mailing Because some states require a prior court order before vehicle owner and lessee information can be released, such information may not be available until after the individual Short-Form Noticepreliminary approval order is entered.
2. Additionally, the Defendants or their Settlement Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Class Members.
5.5 The Parties agree that the names and addresses provided to the Settlement Administrator shall not be used for any purpose other than for providing the written notice identified herein and that such names and addresses shall be treated as private and confidential information and not disseminated, in any mannerprovide by email, to anyone other than the Settlement Administrator. The Parties agree to seek entry of an Order by the Court mandating that FCA US provide the names and addresses to the Settlement Administrator and that such information be treated as private, confidential, and proprietary.
5.6 For all Class Members for whom which Defendants maintain email addresses, a hyperlink to the dedicated Settlement website discussed below and electronic versions of the Long Form Notice is returned with forwarding address information, and Claim Form following the Court granting preliminary approval of this Settlement.
3. The Settlement Administrator shall maintain a dedicated Settlement website—the content and domain name of such are subject to prior Class Counsel approval—which will contain:
(i) instructions on how to obtain reimbursements; (ii) a mechanism by which Claimants can submit Claims electronically; (iii) instructions on how to contact the Settlement Administrator shall re-mail for assistance with their Claims; (iv) the Notice Long Form Notice; (v) the Claim Form; (vi) this Settlement Agreement; (vii) any orders issued in this Action approving or disapproving of the proposed Settlement; and (viii) any other information the Parties determine is relevant to the new address indicatedSettlement. For all Defendants shall make the same information available to Class Members for whom the Notice is returned without forwarding address information, the Settlement Administrator shall perform an advanced address search members through and re-mail the Notice via links to the best known address resulting from that searchdedicated Settlement website. The dedicated Settlement website shall also offer the ability for visitors to enter their VINs without completing a Claim Form to determine if their vehicles are indeed Class Vehicles and whether a Class Vehicle is a Software Alternative Vehicle or a Software Eligible Vehicle.
5.7 For a period ending 90 days after 4. Following the Notice Date, the Settlement Administrator shall provide Co-Lead Class Counsel and FCA US with reasonable periodic reports issue monthly press releases for a period of six months, notifying the public of the total number existence of Notices sent to Class Members by U.S. mailthe Settlement, along with the numbers of Notices returned as undeliverableSettlement website, and all opt-out and objection deadlines.
5. The Settlement Administrator shall communicate with Cobe prepared to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-Lead free telephone number for Class Counsel and FCA US regarding delivery of Notice members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the number of Class Members who have responded to the Noticededicated Settlement website.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Individual Class Notice Methods. 5.3 Following the Court granting preliminary approval of this Settlement, the Settlement Administrator shall provide send the Short-Form Notice by direct U.S. mail, mail to all reasonably identifiable Class Members, a notice substantially in the form attached hereto as Exhibit C (“Short-Form Notice”). The Settlement Administrator shall further set up and maintain a Settlement Website where Class Members can access a “the Long-Form Notice” (substantially in the form attached hereto as Exhibit B), a Claim Form, a copy of this Settlement Agreement, the operative complaint, and additional information about the Action and Settlement. The Short-Form Notice will include the address of the Settlement Website, as well as a toll-free number for an interactive voice recording service that allows Class Members to leave a request for a paper copy of the Long-Form Notice.
5.4 For purposes of mailing Notice, FCA US agrees to provide to the Settlement Administrator within 21 30 days of entry of the Preliminary Approval Order all available names and mailing address information for original and subsequent purchasers owners and lessors of each Class Vehicle, along with the Vehicle Identification Number (“VIN”) for those Class Vehicles’ VINs. The Settlement Administrator shall provide all available contact information, including all Class Vehicles’ VINs, to X.X. Xxxx & Company, or a similar third-party entity, which shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. Prior to mailing the individual Short-Short- Form Notice, the Settlement Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Class Members.
5.5 The Parties agree that the names and addresses provided to the Settlement Administrator shall not be used for any purpose other than for providing the written notice identified herein and that such names and addresses shall be treated as private and confidential information and not disseminated, in any manner, to anyone other than the Settlement Administrator. The Parties agree to seek entry of an Order by the Court mandating that FCA US provide the names and addresses to the Settlement Administrator and that such information be treated as private, confidential, and proprietary.
5.6 For all Class Members for whom the Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the new address indicated. For all Class Members for whom the Notice is returned without forwarding address information, the Settlement Administrator shall perform an advanced address search and re-mail the Notice to the best best-known address resulting from that search.
5.7 For a period ending 90 ninety days after the Notice Date, the Settlement Settlement, Administrator shall provide Co-Lead Class Counsel and FCA US with reasonable periodic reports of the total number of Notices sent to Class Members by U.S. mail, along with the numbers of Notices returned as undeliverable. The Settlement Administrator shall communicate with Co-Lead Class Counsel and FCA US regarding delivery of Notice and the number of Class Members who have responded to the Notice.
Appears in 1 contract
Samples: Settlement Agreement