Mail Notice. Subject to the requirements of the Preliminary Approval Order, Notice to potential Settlement Class Members for whom a postal address has been identified and for whom an email address is not available or whose email is known not to have been successfully delivered, shall be made by the Administrator by means of separate first class mailings to those names and addresses of a single-postcard summary notice substantially similar to Exhibit E to this Agreement. The Mail Notice shall be mailed to those potential Settlement Class Members for whom an email address is not available on the Notice Date and to those potential Settlement Class Members for whom an email is known to not have been successfully delivered not more than seven (7) Days after the Administrator receives notice of an undelivered email. The Mail Notice shall direct Settlement Class Members to the Settlement Website where information regarding the Class Action, Settlement, Final Approval Hearing, Right to Appear, Instructions, and Claim Form shall detail how those potential Settlement Class Members so desiring may opt out of the Settlement, how Settlement Class Members may object to the Settlement, and how such Settlement Class Members may make a claim for Settlement Relief as described in Section 7.1. The Mail Notice also will contain a provision directing Spanish-speaking potential Settlement Class Members to the Settlement Website, which will include the relevant settlement information in Spanish. The Spanish versions of the Notice and Claim Forms shall also be available upon request by calling the toll-free number on the Mail Notice. Before posting of the Mail Notice by the Administrator with the United States Postal Service, the Administrator shall utilize the National Change of Address database (“NCOA”) in an attempt to obtain more current addresses for all Mail Notices. Should the NCOA show a more current address, the Administrator shall post the Mail Notice to the more current address. Except as described in this Section, no further efforts to locate or to find a more current address for potential Settlement Class Members is required.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Mail Notice. Subject to the requirements of the Preliminary Approval Order, the Settlement Administrator shall perform a reverse-lookup on the telephone numbers in the Class List to obtain associated contact information, and thereafter provide Mail Notice to potential Settlement Class Members for whom a postal address has been identified and for whom an email address is not available or whose email is known not to have been successfully delivered, shall be made by the Administrator by means of separate first 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. The Settlement Administrator shall run the mailing list through the National Change of a single-postcard summary notice substantially similar to Exhibit E to this AgreementAddress database (“NCOA’’) before mailing.
7.1.1. The Mail Notices shall all be mailed on or before the Notice Deadline.
7.1.2. The Mail Notice shall be mailed in a form substantially similar to those potential Settlement Class Members for whom an email address is not available on the Notice Date and to those potential Settlement Class Members for whom an email is known to not have been successfully delivered not more than seven (7) Days after the Administrator receives notice of an undelivered email. The Mail Notice shall direct Settlement Class Members to the Settlement Website where information regarding the Class Action, Settlement, Final Approval Hearing, Right to Appear, Instructionsthat attached hereto as Exhibit 1, and Claim Form shall detail how those potential Settlement Class Members so desiring may opt out of the Settlement, how Settlement Class Members may or object to the Settlement, and how such Settlement Class Members may make a claim for Settlement Relief as described in Section 7.1. The Settlement Administrator shall also prepare a Spanish-language translation of the Mail Notice also will contain a provision directing Spanish-speaking potential Settlement Class Members and Claim Form, to be made available at the Settlement Website, which will include the relevant settlement information in Spanish.
7.1.3. The Spanish versions of the Notice and Claim Forms shall also be available upon request by calling the toll-free number on the Mail Notice. Before After posting of the Mail Notice by the Settlement Administrator with the United States Postal Service, for any Mail Notices returned as undeliverable, the Settlement Administrator shall utilize the National Change of Address database (“NCOA”) in an attempt may run further reverse- lookups to obtain more current better addresses for all Mail such returned Notices. Should the NCOA show , and should such efforts indicate a more current possible alternate address, the Settlement Administrator shall post may mail the returned Mail Notice to the more current alternate address. Except as described ; provided, however, that if a determination is made in this Sectiongood 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 re- mail 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 locate or provide further Mail Notice to find a more current address for potential such person(s).
7.1.4. All costs of Mail Notice will be paid from the Settlement Class Members Fund, and Revenue Frontier’s and W4’s only responsibility regarding such costs is requiredto fund the Settlement Fund as specified herein.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Mail Notice. Subject to the requirements of the Preliminary Approval Order, Notice to potential Settlement Noticed Class Members for whom the electronic records of RoundPoint reflect a postal address has been identified and for whom an email address is not available or whose email is last known not to have been successfully deliveredmailing address, shall be made by the Settlement Administrator by means of separate first class mailings to those names and addresses of a single-postcard summary notice substantially similar to Exhibit E to this Agreementaddresses. The Notices shall be mailed not less than ninety (90) Days before the date set by the Court for the Final Approval Hearing. The Mail Notice shall be mailed to those potential Settlement Class Members for whom an email address is not available on the Notice Date and to those potential Settlement Class Members for whom an email is known to not have been successfully delivered not more than seven (7) Days after the Administrator receives notice of an undelivered email. The Mail Notice shall direct Settlement Class Members to the Settlement Website where information regarding the Class Action, Settlement, Final Approval Hearing, Right to Appear, Instructions, Instructions and Class Action Claim Form shall detail how those potential Settlement Noticed Class Members so desiring may opt out of the Settlement, how Settlement Class Members may or object to the Settlement, and how such Settlement Noticed Class Members may make a claim for Claim Settlement Relief as described in Section 7.17. The Mail Notice shall include Instructions and a Claim Form substantially similar in form and content to Exhibits C and D hereto (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 potential Settlement Class Members class members to the Settlement Website, which will include the relevant settlement information in Spanish. The Spanish versions of the Notice and Claim Forms Form shall also be available upon request by calling the toll-toll- free number on the Mail Notice.
6.1.1. Before posting of the Mail Notice by the Settlement Administrator with the United States Postal Service, the Settlement Administrator shall utilize the National Change of Address database (“NCOA”) in an attempt to obtain more current addresses for all Mail Notices. Should the NCOA show a more current address, the Settlement Administrator shall post the Mail Notice to the more current address. Except as described in this Section, no further efforts to locate or to find a more current address for potential Settlement Noticed Class Members is required.
Appears in 1 contract
Samples: Stipulation and Settlement Agreement
Mail Notice. Subject to the requirements of the Preliminary Approval Order, if class member address and other relevant contact information is unavailable, the Settlement Administrator shall perform a reverse-lookup on the telephone numbers in the Class List to obtain associated contact information, and thereafter provide Mail Notice to potential Settlement Class Members for whom a postal address has been identified and for whom an email address is not available or whose email is known not to have been successfully delivered, shall be made by the Administrator by means of separate first first-class mailings to those identified names and addresses. To the extent contact information is unavailable and 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. The Settlement Administrator shall run the mailing list through the National Change of a single-postcard summary notice substantially similar to Exhibit E to this Agreement. Address database ("NCOA'') before mailing.
6.1.1 The Mail Notice shall be mailed to those potential Settlement Class Members for whom an email address is not available on the Notice Date and to those potential Settlement Class Members for whom an email is known to not have been successfully delivered not more than seven (7) Days after the Administrator receives notice of an undelivered email. The Mail Notice shall direct Settlement Class Members to the Settlement Website where information regarding the Class Action, Settlement, Final Approval Hearing, Right to Appear, Instructions, and Claim Form shall detail how those potential Settlement Class Members so desiring may opt out of the Settlement, how Settlement Class Members may or object to the Settlement, and how such Settlement Class Members may make a claim for Settlement Relief as described in Section 7.1. The Mail Notice also will contain a provision directing Spanish-speaking potential Settlement Class Members to the Settlement Website, which will include the relevant settlement information in Spanish. The Spanish versions of the Notice and Claim Forms shall also be available upon request by calling the toll-free number on the Mail Notice. Before .
6.1.2 After posting of the Mail Notice by the Settlement Administrator with the United States Postal Service, for any Mail Notices returned as undeliverable, the Settlement Administrator shall utilize the National Change of Address database (“NCOA”) in an attempt may run further reverse-lookups to obtain more current better addresses for all Mail such returned Notices. Should the NCOA show , and should such efforts indicate a more current possible alternate address, the Settlement Administrator shall post may mail the returned Mail Notice to the more current alternative address. Except as described ; provided, however, that if a determination is made in this Sectiongood 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 locate or provide further Mail Notice to find a more current address for potential such person(s).
6.1.3 All costs of Mail Notice will be paid from the Settlement Class Members Recovery, and Defendant’s only responsibility regarding such costs is requiredto fund the Settlement Class Recovery as specified in Section 4.2 of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Mail Notice. Subject to the requirements of the Preliminary Approval Order, the Settlement Administrator shall disseminate Notice to potential Settlement Class Members for whom a postal address has been identified and for whom an email address is not available or whose email is known not to have been successfully delivered, shall be made by the Administrator by means of separate first class mailings mail to those names and addresses of a singleSettlement Class Members’ last known addresses.
6.1.1. The Mail Notices shall all be mailed not less than forty-postcard summary notice substantially similar to Exhibit E to this Agreementfive (45) Days after the Court’s Preliminary Approval Order.
6.1.2. The Mail Notice shall be mailed to those potential Settlement Class Members for whom an email address is not available on the Notice Date and to those potential Settlement Class Members for whom an email is known to not have been successfully delivered not more than seven (7) Days after the Administrator receives notice of an undelivered email. The Mail Notice shall direct Settlement Class Members to the Settlement Website where information regarding the Class Action, Proposed Settlement, Final Approval Hearing, Right to Appear, Instructions, Instructions and Class Action Claim Form shall detail how those potential Settlement Class Members members so desiring may opt out of the Settlement, how Settlement Class Members may or object to the Settlementsettlement, and how such Settlement members of the Class Members may make a claim for Settlement Relief settlement relief as described in Section 7.17.1 below.
6.1.3. The Mail Notice also will contain shall include Instructions and a provision directing Spanishdetachable postage-speaking potential paid Claim Form in a form substantially similar to Exhibit A to this Settlement Class Members Agreement or as ultimately approved by the Court (provided that the font size, folding, and other printing elements or presentation may be adjusted to the Settlement Website, which will include the relevant settlement information in Spanishaccommodate a booklet format and for efficient envelope and postage considerations). The Spanish versions of the Notice and Claim Forms shall also be available upon request by calling the toll-free number on the Mail Notice. Before posting of the Mail Notice by the Administrator with the United States Postal Service, the Settlement Administrator shall utilize check the mailing list against the National Change of Address database (“NCOA”’’) in an attempt before mailing.
6.1.4. The Settlement Administrator shall also prepare a Spanish-language translation of the Mail Notice, Claim Instructions, and Claim Form, to be made available at the Settlement Website.
6.1.5. After posting of the Mail Notice by the Settlement Administrator with the United States Postal Service, for any Mail Notices returned as undeliverable, the Settlement Administrator may run reverse-lookups to obtain more current better addresses for all Mail such returned Notices. Should the NCOA show , and should such efforts indicate a more current possible alternate address, the Settlement Administrator shall may post the returned Mail Notice to the more current alternative address. Except as described ; provided, however, that if a determination is made in this Sectiongood 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 locate or provide further Mail Notice to find a more current address for potential such person(s).
6.1.6. All costs of Mail Notice will be paid from the Settlement Class Members is requiredFund.
Appears in 1 contract
Samples: Settlement Agreement