Mail Notice. The Claims Administrator, pursuant to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date of the Preliminary Approval Order as soon as practicable, but not later than forty-five (45) days of the issuance of the Preliminary Approval Order. The Claims Administrator may be authorized to begin work on the Property Identification Plan upon the latter of being retained or the execution of this Agreement. The list of addresses prepared by the Claims Administrator shall identify the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search the National Change of Address Database (“NCOA”) for a forty- eight (48) month period to obtain any updated mailing addresses. The Claims Administrator shall then mail by, First Class Mail, the Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA search, within sixty (60) days of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. The Claims Administrator shall perform address- tracing for any mail returned as undeliverable, to the extent practicable. Unless the Claims Administrator receives a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipient, the Claims Administrator shall re-mail that Notice to the forwarding address. That Notice will be deemed mailed and received at that point, and the forwarding address shall be deemed the Updated Address for that Class Member. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice Period.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Mail Notice. The Claims Administrator9.1.1 In the event of Preliminary Approval, pursuant Amuse shall create a list of Class Members, including the telephone number and last known address for each Class Member to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date of the Preliminary Approval Order as extent available from its existing business records. As soon as practicable, but not later in no event more than forty-five ten (4510) days after Preliminary Approval, Amuse shall deliver the list of Class Members to the issuance of the Preliminary Approval OrderClaims Administrator. The Claims Administrator may be authorized will treat the information regarding the Class Members in a confidential manner pursuant to begin work on the Property Identification Plan upon protective order entered in the latter of being retained or the execution of this Agreement. Action.
9.1.2 The list of addresses prepared by the Claims Administrator shall identify will provide individual notice by sending the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Mail Notice to all Class Members, if practicableMembers with known addresses via First Class U.S. Mail. Prior to mailing the Notice Packet to the identified Class MembersMail Notice, the Claims Administrator shall search will update the address information provided by Amuse through the National Change of Address Database (“NCOA”) for database maintained by the U.S. Postal Service. Any Mail Notice returned to the Claims Administrator with a forty- eight (48) month period new forwarding address will be re-mailed to obtain any updated mailing addresses. the Class Member at the new forwarding address.
9.1.3 The Claims Administrator shall then mail by, First will perform a reverse telephone number lookup for the Class Mail, the Members for whom Defendant does not have address information. The address information obtained through a reverse phone number lookup will be used to facilitate Mail Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA search, within sixty (60) days of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. Class Members.
9.1.4 The Claims Administrator shall perform address- tracing for any will mail returned as undeliverable, to the extent practicable. Unless the Claims Administrator receives a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In Members the event that, within Mail Notice as soon as reasonably practicable but no later than thirty (30) days of being mailed, a from the date the Court grants the Motion for Preliminary Approval (the “Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipient, the Claims Administrator shall re-mail that Notice to the forwarding address. That Notice will be deemed mailed and received at that point, and the forwarding address shall be deemed the Updated Address for that Class Member. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been deliveredDeadline”). The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after will file a declaration with the end Court, as part of the final approval papers, stating that these procedures were followed.
9.1.5 The Mail Notice Periodto the Class will consist of a double postcard that contains a summary description of the Settlement Agreement, identifies the Claims Administrator, and directs recipients to the Settlement Website from which additional information about the settlement can be obtained.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. The Claims Administrator, pursuant Subject to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date requirements of the Preliminary Approval Order as soon as practicableOrder, but the Settlement Administrator shall provide Notice to those persons who are known to be potential members of the Settlement Class based on Defendants’ records, and for whom Defendants’ electronic records reflect a last known mailing address. Such notice shall be by means of separate first class mailings to those names and addresses.
6.1.1. The Mail Notices shall all be mailed not later less than forty-five (45) days of Days after the issuance of the Court’s Preliminary Approval Order.
6.1.2. The Claims Administrator Mail Notice of Class Action, Proposed Settlement, Final Approval Hearing, Right to Appear, Instructions and Class Action Claim Form shall detail how those Settlement Class members so desiring may opt out or object to the settlement, and how members of the Class may make a claim for settlement relief as described in Section 7.1 below.
6.1.3. The Mail Notice shall include Instructions to access the Settlement Website, contain instructions for the Class Action Claim Online Form and include a toll-free telephone number from which a Claim Form may be authorized requested, in a form substantially similar to begin work on Exhibit A to this Agreement or as ultimately approved by the Property Identification Plan upon Court (provided that the latter of being retained font size, folding, and other printing elements or the execution of this Agreementpresentation may be adjusted to accommodate a booklet format and for efficient envelope and postage considerations). The list of addresses prepared by the Claims Settlement Administrator shall identify run the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search list through the National Change of Address Database database (“NCOA”’’) for a forty- eight (48) month period to obtain any updated mailing addressesbefore mailing.
6.1.4. The Claims Administrator shall then mail by, First Class Mail, After posting of the Mail Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA searchSettlement Administrator with the United States Postal Service, within sixty (60) days of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. The Claims Administrator shall perform address- tracing for any mail Mail Notices returned as undeliverable, to the extent practicable. Unless the Claims Settlement Administrator receives may search for better or updated addresses for such returned Notices, and should such efforts indicate a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipientpossible alternate address, the Claims Settlement Administrator shall re-mail that may post the returned Mail Notice to the forwarding alternative address; provided, however, that if a determination is made in good faith by the Settlement Administrator that it is not possible to further update any particular Settlement Class Member’s address(es) in sufficient time to repost the Class Notice(s) at least twenty (20) Days before the scheduled Final Approval Hearing, then the Settlement Administrator need make no further efforts to provide further Mail Notice to such person(s).
6.1.5. That All costs of Mail Notice will be deemed mailed and received at that pointpaid from the Settlement Fund, and Defendants’ only responsibility regarding such costs is to fund the forwarding address shall be deemed the Updated Address for that Class Member. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice PeriodSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. For the remaining individuals (40% of Settlement Class Members) and any individuals for whom the Settlement Administrator receives a bounce back notification, the Settlement Administrator shall provide Notice via mail. The Claims Administrator, pursuant to Settlement Administrator shall use the Property Identification Plan, shall develop the list of available mail addresses applicable to the Residences in on the Class Area List, and identify the best addresses for the Settlement Class Member names (where available) through Members as discussed in Section 6.3 above. Before the date mailing of the Preliminary Approval Order as soon as practicableClass Notice, but not later than forty-five (45) days of the issuance of the Preliminary Approval Order. The Claims Administrator may be authorized to begin work on the Property Identification Plan upon the latter of being retained or the execution of this Agreement. The list of addresses prepared by the Claims Settlement Administrator shall identify the Residences in apartment buildings, separately, run all names and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search addresses through the National Change of Address Database (“NCOA”) for a forty- eight (48) month period to obtain any updated mailing addresses. The Claims Administrator shall then mail by, First Class Mail, the Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA search, within sixty (60) days of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. The Claims Administrator shall perform address- tracing for any mail returned as undeliverable, to the extent practicable. Unless the Claims Administrator receives a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator maintained by the United States Postal Service with a forwarding and, where applicable, adjust the mailing address for the recipient, the Claims Administrator shall re-mail that Notice to the forwarding addressaccordingly. That Notice will be deemed mailed and received at that point, and the forwarding address Such notice shall be deemed the Updated Address for that Class Membermailed via a double- sided post-card.
6.5.1. In the event that, within The Mail Notices shall all be mailed thirty (30) days Days after the Court’s Preliminary Approval Order.
6.5.2. The Mail Notice of being mailedClass Action, a Notice Packet is returned Proposed Settlement, Final Approval Hearing, Right to Appear, Instructions and Class Action Claim Form shall detail how those Settlement Class members so desiring may opt out or object to the Claims settlement, and how members of the Class may make a claim for settlement relief as described in Section 7.1 below.
6.5.3. The Mail Notice shall include Instructions to access the Settlement Website, contain instructions for the Class Action Claim Online Form and include a toll-free telephone number from which a Claim Form may be requested, in a form substantially similar to Exhibit A to this Agreement or as ultimately approved by the Court (provided that the font size, folding, and other printing elements or presentation may be adjusted to accommodate a booklet format and for efficient envelope and postage considerations).
6.5.4. After posting of the Mail Notice by the Settlement Administrator by with the United States Postal Service because Service, for any Mail Notices returned as undeliverable, the address Settlement Administrator shall search for better or updated addresses for such returned Notices, and should such efforts indicate a possible alternate address, the Settlement Administrator may post the returned Mail Notice to the alternative address; provided, however, that if a determination is made in good faith by the Settlement Administrator that it is not possible to further update any particular Settlement Class Member’s address(es) in sufficient time to repost the Class Notice(s) at least twenty (20) Days before the scheduled Final Approval Hearing, then the Settlement Administrator need make no further efforts to provide further Mail Notice to such person(s).
6.5.5. All costs of Mail Notice will be paid from the Settlement Fund, and ECA’s only responsibility regarding such costs is to fund the Settlement Fund.
6.5.6. The Settlement Administrator will send an Email Notice of the recipient is Settlement to the email addresses provided no longer valid, i.e., later than the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address posting of the particular Class Member Mail Notice, in question and, if such an address is ascertained, a form substantially similar to Exhibit B to this Agreement or as ultimately approved by the Claims Administrator shall re-send that Court. The text of the Email Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again will also contain a link to the last known addressSettlement Website described in Section 6.6.
6.5.7. All costs of Email Notice will be paid from the Settlement Fund, and in either event, ECA’s only responsibility regarding such costs is to fund the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice PeriodSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. The Claims Administrator, pursuant Subject to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date of the Preliminary Approval Order as soon as practicable, but not later than forty-five (45) days of the issuance of the Preliminary Approval Order. The Claims Administrator may be authorized to begin work on the Property Identification Plan upon the latter of being retained or the execution of this Agreement. The list of addresses prepared by the Claims Administrator shall identify the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search the National Change of Address Database (“NCOA”) for a forty- eight (48) month period to obtain any updated mailing addresses. The Claims Administrator shall then mail by, First Class Mail, the Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA search, within sixty (60) days requirements of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. The Claims Settlement Administrator shall perform address- tracing a reverse-lookup on the telephone numbers in the Class List to obtain associated contact information, and thereafter provide Mail Notice by means of separate first-class mailings to those identified names and addresses. To the extent the reverse- lookup process is unable to identify associated contact information, the Settlement Administrator shall direct the Class Notice to any associated names and addresses identifiable through the data produced in discovery in this Litigation, or as further supplemented by Class Counsel, for example, with information obtained through subpoenas to telephone carriers. The Settlement Administrator shall run the mailing list through the National Change of Address database (“NCOA’’) before mailing.
6.1.1. The Mail Notices shall all be mailed not less than sixty (60) Days after the Court’s Preliminary Approval Order.
6.1.2. The Mail Notice shall detail how Settlement Class Members so desiring may opt out of or object to the Settlement. The Parties shall also prepare a Spanish-language translation of the Mail Notice and Claim Form, to be made available at the Settlement Website.
6.1.3. After posting of the Mail Notice by the Settlement Administrator with the United States Postal Service, for any mail Mail Notices returned as undeliverable, the Settlement Administrator may run further reverse-lookups to the extent practicable. Unless the Claims Administrator receives obtain better addresses for such returned Notices, and should such efforts indicate a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipientpossible alternate address, the Claims Settlement Administrator shall re-may mail that the returned Mail Notice to the forwarding alternative address; provided, however, that if a determination is made in good faith by the Settlement Administrator that it is not possible to further update any particular Settlement Class Member’s address(es) in sufficient time to remail the Class Notice(s) at least twenty (20) Days before the scheduled Final Approval Hearing, then the Settlement Administrator need make no further efforts to provide further Mail Notice to such person(s).
6.1.4. That All costs of Mail Notice will be deemed mailed and received at that pointpaid from the Settlement Fund, and Defendants’ only responsibility regarding such costs is to fund the forwarding address shall be deemed the Updated Address for that Class Member. In the event that, within thirty (30) days Settlement Fund as specified in Section 4.2 of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice Periodthis Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. The Claims Administrator, pursuant Subject to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date requirements of the Preliminary Approval Order as soon as practicableOrder, but the Settlement Administrator shall disseminate Notice to Settlement Class Members by first class mail to Settlement Class Members’ last known addresses.
6.1.1. The Mail Notices shall all be mailed not later less than forty-five (45) days of Days after the issuance of the Court’s Preliminary Approval Order.
6.1.2. The Claims Administrator Mail Notice of Class Action, Proposed Settlement, Final Approval Hearing, Right to Appear, Instructions and Class Action Claim Form shall detail how those Settlement Class members so desiring may opt out or object to the settlement, and how members of the Settlement Class may make a claim for settlement relief as described in Section 7.1 below.
6.1.3. The Mail Notice shall include Instructions and a detachable postage-paid Claim Form in a form substantially similar to Exhibit A to this Settlement Agreement or as ultimately approved by the Court (provided that the font size, folding, and other printing elements or presentation may be authorized adjusted to begin work on the Property Identification Plan upon the latter of being retained or the execution of this Agreementaccommodate a booklet format and for efficient envelope and postage considerations). The list of addresses prepared by the Claims Settlement Administrator shall identify check the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search list against the National Change of Address Database database (“NCOA”’’) for before mailing.
6.1.4. Plaintiff shall also prepare a forty- eight (48) month period Spanish-language translation of the Mail Notice, Claim Instructions, and Claim Form, to obtain any updated mailing addressesbe made available at the Settlement Website.
6.1.5. The Claims Administrator shall then mail by, First Class Mail, After posting of the Mail Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA searchSettlement Administrator with the United States Postal Service, within sixty (60) days of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. The Claims Administrator shall perform address- tracing for any mail Mail Notices returned as undeliverable, the Settlement Administrator may run reverse-lookups to the extent practicable. Unless the Claims Administrator receives obtain better addresses for such returned Notices, and should such efforts indicate a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipientpossible alternate address, the Claims Settlement Administrator shall re-mail that may post the returned Mail Notice to the forwarding alternative address; provided, however, that if a determination is made in good faith by the Settlement Administrator that it is not possible to further update any particular Settlement Class Member’s address(es) in sufficient time to repost the Class Notice(s) at least twenty (20) Days before the scheduled Final Approval Hearing, then the Settlement Administrator need make no further efforts to provide further Mail Notice to such person(s).
6.1.6. That All costs of Mail Notice will be deemed mailed and received at that point, and paid from the forwarding address shall be deemed the Updated Address for that Class Member. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice PeriodSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. The Claims Administrator, pursuant Subject to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date requirements of the Preliminary Approval Order as soon as practicableOrder, but Notice to those members of the Settlement Class for whom the electronic records of Ocwen reflect a last known mailing address, shall be by means of separate first class mailings to those names and addresses.
6.1.1. The Mail Notices shall all be mailed not later less than forty-five (45) days of Days after the issuance of the Court’s Preliminary Approval Order.
6.1.2. The Claims Administrator Mail Notice of Class Action, Proposed Settlement, Final Approval Hearing, Right to Appear, Instructions and Class Action Claim Form shall detail how those Settlement Class members so desiring may opt out or object to the settlement, and how members of the Class may make a claim for settlement relief as described in Section 7.1 below.
6.1.3. The Mail Notice shall include Instructions and a detachable postage-paid Claim Form in a form substantially similar to Exhibit A to this Agreement or as ultimately approved by the Court (provided that the font size, folding, and other printing elements or presentation may be authorized adjusted to begin work on the Property Identification Plan upon the latter of being retained or the execution of this Agreementaccommodate a booklet format and for efficient envelope and postage considerations). The list of addresses prepared by the Claims Settlement Administrator shall identify run the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search list through the National Change of Address Database database (“NCOA”’’) for a forty- eight (48) month period to obtain any updated mailing addressesbefore mailing.
6.1.4. The Claims Administrator Parties shall then mail byalso prepare a Spanish-language translation of the Mail Notice, First Class MailClaim Instructions, and Claim Form, to be made available at the Settlement Website.
6.1.5. After posting of the Mail Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA searchSettlement Administrator with the United States Postal Service, within sixty (60) days of the Preliminary Approval Order, which shall be deemed the Notice Issuance Deadline. The Claims Administrator shall perform address- tracing for any mail Mail Notices returned as undeliverable, the Settlement Administrator may run reverse-lookups to the extent practicable. Unless the Claims Administrator receives obtain better addresses for such returned Notices, and should such efforts indicate a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipientpossible alternate address, the Claims Settlement Administrator shall re-mail that may post the returned Mail Notice to the forwarding alternative address; provided, however, that if a determination is made in good faith by the Settlement Administrator that it is not possible to further update any particular Settlement Class Member’s address(es) in sufficient time to repost the Class Notice(s) at least twenty (20) Days before the scheduled Final Approval Hearing, then the Settlement Administrator need make no further efforts to provide further Mail Notice to such person(s).
6.1.6. That All costs of Mail Notice will be deemed mailed and received at that pointpaid from the Settlement Fund, and Ocwen’s only responsibility regarding such costs is to fund the forwarding address shall be deemed the Updated Address for that Class Member. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the current address of the particular Class Member in question and, if such an address is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice PeriodSettlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. The Claims Administrator, pursuant Subject to the Property Identification Plan, shall develop the list of addresses applicable to the Residences in the Class Area and Class Member names (where available) through the date of the Preliminary Approval Order as soon as practicable, but not later than forty-five (45) days of the issuance of the Preliminary Approval Order. The Claims Administrator may be authorized to begin work on the Property Identification Plan upon the latter of being retained or the execution of this Agreement. The list of addresses prepared by the Claims Administrator shall identify the Residences in apartment buildings, separately, and provide the total number of units applicable for each apartment complex as well as names of Class Members, if practicable. Prior to mailing the Notice Packet to the identified Class Members, the Claims Administrator shall search the National Change of Address Database (“NCOA”) for a forty- eight (48) month period to obtain any updated mailing addresses. The Claims Administrator shall then mail by, First Class Mail, the Notice Packet to those addresses developed pursuant to the Property Identification Plan and as updated by the NCOA search, within sixty (60) days requirements of the Preliminary Approval Order, which Notice to those members of the Settlement Class for whom the electronic records of Shellpoint reflect a last known mailing address, shall be deemed made by the Settlement Administrator by means of separate first class mailings to those names and addresses. The Notices shall be mailed not less than ninety (90) days before the date set by the Court for a Fairness Hearing regarding the settlement. The Mail Notice of Class Action, Proposed Settlement, Fairness Hearing, Right to Appear, Instructions and Class Action Claim Form shall detail how those Settlement Class members so desiring may opt out or object to the settlement, and how members of the Class may make a claim for settlement relief as described in Section 7, below. The Mail Notice shall include Instructions and a Claim Form described in Section 7 of this Settlement Agreement, in the forms of Exhibits A, B, and D attached (provided that the font size, folding, and other printing elements or presentation may be adjusted to accommodate a booklet format and for efficient envelope and postage considerations). The Mail Notice also will contain a provision directing Spanish-speaking class members to the settlement website, which will include the relevant settlement information in Spanish. The Spanish versions of the Notice Issuance Deadlineshall also be available upon request by calling the toll-free number on the Notice.
6.1.1. The Claims After posting of the Mail Notice by the Settlement Administrator shall perform address- tracing with the United States Postal Service, for any mail Mail Notices returned as undeliverable, the Settlement Administrator shall utilize the National Change of Address database (the “NCOA”) or other reasonable address search option (to be approved by Shellpoint) in an attempt to obtain better addresses for such returned Notices, and should the extent practicable. Unless the Claims Administrator receives search show a Notice Packet returned from the United States Postal Service for reasons discussed below in this paragraph, each Notice Packet shall be deemed mailed and received by the Class Member upon mailing. In the event that, within thirty (30) days of being mailed, a Notice Packet is returned to the Claims Administrator by the United States Postal Service with a forwarding address for the recipientmore current address, the Claims Settlement Administrator shall re-mail that post the returned Mail Notice to the forwarding more current address. That Notice will be deemed mailed and received at ; provided however, if a determination is made in good faith by the Settlement Administrator that point, and the forwarding address shall be deemed the Updated Address for that it is not possible to further update any particular Settlement Class Member. In ’s address(es) in sufficient time to repost the event that, within thirty Class Notice(s) at least twenty (3020) days of being mailedbefore the scheduled Fairness Hearing, then the Settlement Administrator need make no further efforts to provide further Mail Notice to such person(s). Except as described in this Section, no further efforts to locate or to find a Notice Packet is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall undertake an address skip-trace to attempt to ascertain the more current address of the particular for Settlement Class Member in question and, if such an address Members is ascertained, the Claims Administrator shall re-send that Notice Packet within seven (7) days of receiving such information; if no Updated Address is obtained for that Class Member, the Notice shall be sent again to the last known address, and in either event, the Notice shall be deemed received once it is mailed for the second time. In the event that any subsequently mailed Notice Packet is returned to the Claims Administrator before the end of the Notice Period by the United States Postal Service because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender,” the Claims Administrator shall be required to take no further action with that Notice and it shall be deemed to have been delivered. The Claims Administrator shall not be required to take any further action on any Notice or Claims Form returned after the end of the Notice Periodrequired.
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Samples: Settlement Agreement