Individual Class Notice Methods. 5.3.1 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 the Short Form Notice. For purposes of identifying the requisite names and addresses, Defendants agree to provide, to the extent they have not already done so, all names and addresses of Class Vehicle owners, along with Class Vehicle Vehicle Identification Numbers (“VIN”), to IHS Markit, or a similar third-party entity, who shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. 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 Preliminary Approval and Class Certification Order is entered. Prior to mailing individual 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 Vehicle owners. For each individual notice that is returned as undeliverable, the Settlement Administrator shall use its best efforts to conduct an advanced address search using HMA’s and KA’s customer database information regarding the Class Vehicle owner or lessee to obtain a deliverable address. 5.3.2 Additionally, the Settlement Administrator shall provide by email, to all Class Members for which HMA and KA maintain email addresses, a hyperlink to the dedicated Settlement website discussed below and electronic versions of the Long Form Notice and Claim Form following the Court granting preliminary approval of this Settlement. 5.3.3 The Settlement Administrator shall maintain dedicated Settlement websites (one for Hyundai Class Vehicles and another website for Kia Class Vehicles)—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 Class Members can submit Claims electronically; (iii) instructions on how to contact the Settlement Administrator for assistance with their Claims; (iv) the Long Form Notice; (v) the Claim Form; (vi) this Settlement Agreement; (vii) any orders issued by the Court approving or disapproving of the proposed Settlement; and (viii) any other information the Parties determine is relevant to the Settlement. The Settlement Administrator shall make the same information available to Class Members through xxx.xxxxxxxxxx.xxx/xxxxxxxxx and xxx.xxxxxx.xxx.xxx via links to the dedicated Settlement websites (apart from the mechanism for submitting Claims). The dedicated settlement websites 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. 5.3.4 The Settlement Administrator shall be prepared, through HMA’s and KA’s customer service departments, 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-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement websites. 5.3.5 For a period ending ninety (90) days after the Notice Date, the Settlement Administrator shall provide Class Counsel and Defendants with bi-weekly reports of the total number of notices sent to Class Members by U.S. mail and email, along with the number of notices returned as undeliverable. The Settlement Administrator shall communicate with Class Counsel regarding delivery of notice and the number of Class members who have responded to the notice.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Individual Class Notice Methods. 5.3.1 Following the Court granting preliminary approval of this Settlement, the Settlement Administrator 1. HMA shall provide by direct U.S. mail, to all reasonably identifiable Class Members members, each of the Short Form Noticefollowing: (i) the Postcard Notice and (ii) a Claim Form, following Preliminary Approval. For purposes of identifying the requisite names and addresses, Defendants agree HMA agrees to provide, to the extent they have it has not already done so, all names and addresses of Class Vehicle owners, along with Class Vehicle Vehicle Identification Numbers (“VIN”)VINs, to IHS MarkitX.X. Xxxx & Company, or a similar third-third- party entity, who shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. 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 Preliminary Approval and Class Certification Order is entered. Prior to mailing individual notice, the Settlement Administrator HMA shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Class Vehicle owners. For each individual notice that is returned as undeliverable, the Settlement Administrator HMA shall use its best efforts to conduct an advanced address search using HMA’s and KA’s customer database information regarding the Class Vehicle owner or lessee to obtain a deliverable address.
5.3.2 Additionally, the Settlement Administrator 2. HMA shall provide by email, to all Class Members members for which HMA and KA maintain email addresses, a hyperlink to the dedicated Settlement settlement website discussed below and electronic versions of each of the Long Form Notice following: (i) the Postcard Notice, and (ii) a Claim Form following the Court granting preliminary approval of this SettlementPreliminary Approval.
5.3.3 The Settlement Administrator 3. HMA shall maintain a dedicated Settlement websites (one for Hyundai Class Vehicles and another website for Kia Class Vehicles)—the content and domain name of such are settlement website—subject to prior Class Counsel approval—which will contain: (i) instructions on how to obtain reimbursementssubmit Claims; (ii) a mechanism by which Class Members members can submit Claims electronicallyClaims; (iii) instructions on how to contact the Settlement Administrator HMA for assistance with their Claims; (iv) the Long Form Notice; (v) the Informational Brochure; (vi) the Claim Form; (vivii) this Settlement Agreementagreement; (viiviii) any orders issued by the Court in this Action approving or disapproving of the proposed Settlementsettlement; (ix) the motion for Preliminary Approval, the motion seeking final approval, and the motion for attorney’s fees and litigation expenses; and (viiix) any other documents or information the Parties determine is relevant to the Settlementsettlement. The Settlement Administrator HMA shall make the same information available to Class Members members through xxx.xxxxxxxxxx.xxx/xxxxxxxxx and xxx.xxxxxx.xxx.xxx via links to the dedicated Settlement websites settlement website (apart from the mechanism for submitting Claims). The dedicated settlement websites 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.
5.3.4 The Settlement Administrator 4. HMA shall be prepared, through HMA’s and KA’s its customer service departmentsdepartment, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlementsettlement. The Settlement Administrator HMA shall maintain a dedicated toll-free telephone number for Class Members members to call. The telephone numbers number shall be listed on the Postcard Notice, Long Form Notice, Informational Brochure, Claim Form, and the dedicated Settlement websitessettlement website, and xxx.xxxxxxxxxx.xxx/xxxxxxxxx.
5.3.5 For a period ending ninety (90) 5. Within 90 days after of the Notice Date, the Settlement Administrator Defendants shall provide Class Counsel and Defendants with bi-weekly reports of the total number of notices sent to Class Members members by U.S. mail and email, along with the number numbers of notices returned as undeliverable.
6. The Settlement Administrator Once the Court grants final approval of this settlement, HMA shall communicate with provide by direct U.S. mail, to all reasonably identifiable Class Counsel regarding delivery of notice members, the Informational Brochure. HMA shall use the name and address information compiled through the steps described in section IV.C.1 and the number of Claims process pursuant to this agreement. At the same time, HMA shall provide by email, to all Class members who have responded for which HMA maintains email addresses, an electronic version of the Informational Brochure.
7. Beginning on the Notice Date and continuing throughout the period during which Class Vehicles remain within the Extended Warranty period, HMA shall take all actions reasonably necessary, including those specifically enumerated below, to ensure that its authorized dealerships are educated about the provisions of this settlement that pertain to the noticeExtended Warranty.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Individual Class Notice Methods. 5.3.1 Following the Court granting preliminary approval of this Settlement, the Settlement Administrator 1. HMA shall provide by direct U.S. mail, to all reasonably identifiable Class Members Members, each of the Short following: (i) the Long Form NoticeNotice and (ii) a Claim Form following the Court granting Preliminary Approval to the class settlement. For purposes of identifying the requisite names and addresses, Defendants agree HMA agrees to provide, to the extent they have it has not already done so, all names and addresses of Class Vehicle owners, along with Class Vehicle Vehicle Identification Numbers (“VIN”)VINs, to IHS MarkitX.X. Xxxx & Company, or a similar third-party entity, who shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. 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 Preliminary Approval and Class Certification Order is entered. Prior to mailing individual individua l notice, the Settlement Administrator HMA shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Class Vehicle owners. For each individual individua l notice that is returned as undeliverable, the Settlement Administrator HMA shall use its best efforts to conduct an advanced address search using HMA’s and KA’s customer database information regarding the Class Vehicle owner or lessee to obtain a deliverable address.
5.3.2 Additionally, the Settlement Administrator 2. HMA shall provide by email, to all Class Members for which HMA and KA maintain maintains email addresses, a hyperlink to the dedicated Settlement settlement website discussed below and electronic versions of each of the following: (i) the Long Form Notice Notice, and (ii) a Claim Form following the Court granting preliminary approval of this SettlementPreliminary Approval to the class settlement.
5.3.3 The Settlement Administrator 3. HMA shall maintain a dedicated Settlement websites (one for Hyundai Class Vehicles and another website for Kia Class Vehicles)—the content and domain name of such are settlement website—subject to prior Class Counsel approval—which will contain: (i) instructions on how to obtain reimbursements; (ii) a mechanism by which Class Members can submit Claims electronically; (iii) instructions on how to contact the Settlement Administrator for assistance with their Claims; (iv) the Long Form Notice; (v) the Claim Form; (vi) this Settlement Agreement; (vii) any orders issued by the Court approving or disapproving of the proposed Settlement; and (viii) any other information the Parties determine is relevant to the Settlement. The Settlement Administrator shall make the same information available to Class Members through xxx.xxxxxxxxxx.xxx/xxxxxxxxx and xxx.xxxxxx.xxx.xxx via links to the dedicated Settlement websites (apart from the mechanism for submitting Claims). The dedicated settlement websites 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.
5.3.4 The Settlement Administrator shall be prepared, through HMA’s and KA’s customer service departments, 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-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement websites.
5.3.5 For a period ending ninety (90) days after the Notice Date, the Settlement Administrator shall provide Class Counsel and Defendants with bi-weekly reports of the total number of notices sent to Class Members by U.S. mail and email, along with the number of notices returned as undeliverable. The Settlement Administrator shall communicate with Class Counsel regarding delivery of notice and the number of Class members who have responded to the notice.upload supporting documentation;
Appears in 1 contract
Samples: Settlement Agreement
Individual Class Notice Methods. 5.3.1 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 Members, each of the Short following: (i) the Long Form NoticeNotice and (ii) a Claim Form. For purposes of identifying the requisite names and addresses, Defendants or their Settlement Administrator agree to provide, to the extent they have not already done so, all names and addresses of Class Vehicle owners, along with Class Vehicle Vehicle Identification Numbers (“VIN”)VINs, to IHS Markit, or a similar third-party entity, who shall be authorized to use that information to obtain the names and most current addresses of Class Vehicle owners through state agencies. 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 Preliminary Approval and Class Certification Order preliminary approval order is entered. Prior to mailing individual 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 Vehicle owners. For each individual notice that is returned as undeliverable, the Settlement Administrator shall use its best efforts to conduct an advanced address search using HMA’s and KA’s customer database information regarding the Class Vehicle owner or lessee to obtain a deliverable address.
5.3.2 2. Additionally, the Defendants or their Settlement Administrator shall provide by email, to all Class Members for which HMA and KA Defendants maintain email addresses, a hyperlink to the dedicated Settlement website discussed below and electronic versions of the Long Form Notice and Claim Form following the Court granting preliminary approval of this Settlement.
5.3.3 3. The Settlement Administrator shall maintain a dedicated Settlement websites (one for Hyundai Class Vehicles and another website for Kia Class Vehicles)—the 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 Class Members Claimants can submit Claims electronically; (iii) instructions on how to contact the Settlement Administrator for assistance with their Claims; (iv) the Long Form Notice; (v) the Claim Form; (vi) this Settlement Agreement; (vii) any orders issued by the Court in this Action approving or disapproving of the proposed Settlement; and (viii) any other information the Parties determine is relevant to the Settlement. The Settlement Administrator Defendants shall make the same information available to Class Members members through xxx.xxxxxxxxxx.xxx/xxxxxxxxx and xxx.xxxxxx.xxx.xxx via links to the dedicated Settlement websites (apart from the mechanism for submitting Claims)website. The dedicated settlement websites 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 VehiclesVehicles and whether a Class Vehicle is a Software Alternative Vehicle or a Software Eligible Vehicle.
5.3.4 4. Following the Notice Date, the Settlement Administrator shall issue monthly press releases notifying the public of the existence of the Settlement, the Settlement website, and all opt- out and objection deadlines.
5. The Settlement Administrator shall be prepared, through HMA’s and KA’s customer service departments, 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-free telephone number for Class Members members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement websiteswebsite.
5.3.5 For a period ending ninety (90) days after the Notice Date, the Settlement Administrator shall provide Class Counsel and Defendants with bi-weekly reports of the total number of notices sent to Class Members by U.S. mail and email, along with the number of notices returned as undeliverable. The Settlement Administrator shall communicate with Class Counsel regarding delivery of notice and the number of Class members who have responded to the notice.
Appears in 1 contract
Samples: Settlement Agreement