NOTICE TO THE CLASS. 4.1 The Notice Plan shall consist of the following:
NOTICE TO THE CLASS a. To facilitate the notice and claims administration process, Xxxxx Fargo will provide to the Settlement Administrator and to Class Counsel, within forty-five (45) days of entry of the Preliminary Approval Order, in an electronically searchable and readable format, Notice Databases for each type of account listed in paragraph 20. Each Notice Database will include
(a) the cellular telephone numbers associated with a “wrong number” code in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during the Class Period corresponding to the particular type of account, and (b) the name(s) and last known mailing address(es) for the holder(s) of the account on which the Call was made. Xxxxx Fargo is only obligated to provide such information as is contained in the reasonably available computerized account records of the Defendant.
b. Class Counsel, with the assistance of their consultants/experts and/or the Settlement Administrator, will perform a “reverse look up” of telephone numbers within the Notice Databases to identify the name and address of individuals who were or may have been the user or subscriber of the phone number during the Class Period, and direct mailed Notice will be provided to persons identified through this process for whom the name and/or address information does not reasonably match that of the associated account holder in the Notice Databases. Potential Class Members may also be identified using other methodologies that Class Counsel and their consultants/experts conclude are reasonably likely to identify additional non-customers who are Class Members. These provisions for identification of potential Class Members and direct mailing of Notice are intended to work in conjunction with the other methods of Notice set forth below.
c. The Settlement Administrator will then cross reference the information obtained through this process with the United States Postal Services’ change of address database to obtain any updated address information for Class Members.
d. Any personal information relating to members of the Class or to Xxxxx Fargo customers who are not Class Members that is provided to the Settlement Administrator or Class Counsel pursuant to this Settlement shall be provided solely for the purpose of providing notice to members of the Class and allowing them to recover under this Settlement. Such information shall be kept in strict confidence, shall be used only for purposes of this Settlement, and shall not be disclosed to any third part...
NOTICE TO THE CLASS. 4.1. Upon entry of the Preliminary Approval Order, the Settlement Administrator shall cause the Notice describing the Final Approval Hearing, the terms of the compromise embodied in this Settlement Agreement, and the Claim Form to be disseminated to the Settlement Class as provided herein. Such notice shall comport with due process and Rule 23, the costs of which shall be Settlement Administration Expenses.
4.2. The Notice shall include:
NOTICE TO THE CLASS. 4.1 The Notice shall include:
NOTICE TO THE CLASS. 37. This Agreement shall be binding upon the class certified by the District Court on October 17, 2003.
NOTICE TO THE CLASS. A. Components of Class Notice 86. Class Notice will be accomplished through a combination of the Short Form Notice, Summary Settlement Notice, notice through the Settlement website, Long Form Notice, and other applicable notice, each of which is described below, as specified in the Preliminary Approval Order, the Declaration of the Class Action Settlement Administrator (attached hereto as Exhibit 14), and this Agreement and in order to comply with all applicable laws, including but not limited to, Fed. R. Civ. P. 23, the Due Process Clause of the United States Constitution, and any other applicable statute, law or rule.
NOTICE TO THE CLASS. 8.1 The proposed Class shall be given the following notices: (i) the First Notice (leave, certification and pendency of Second Application); (ii) the Second Notice (Settlement approval); (iii) notice if this Agreement is not approved, is terminated, or otherwise fails to take effect; and (iv) such further notice as may be directed by the Court.
8.2 The form of notices referred to in Section 8.1 and the manner and extent of publication and distribution shall be as follows:
(a) by Class Counsel posting the notice on its website, and a link to the notice on its Twitter account and LinkedIn account;
(b) by Class Counsel delivering a copy of the notice by email to all individuals and entities who have contacted Class Counsel about this action and for whom Class Counsel has an email address, and all individuals and entities who request it and for whom Class Counsel has an email address;
(c) by dissemination once through Canada Newswire or an equivalent press release service;
(d) by dissemination once through an American press release service such as Cision PR Newswire or Business Wire; and
(e) by posting the First Notice and Second Notice as an advertisement on Google, with a maximum collective budget of CAD $20,000 (and only for the First Notice and Second Notice unless otherwise ordered by the Court).
8.3 Subject to the Court’s approval, the First Notice shall be in the forms attached as Appendices “A”, “B” and “C” to this Agreement, and the Second Notice shall be in the forms attached as Appendices “D”, “E” and “F” to this Agreement.
8.4 Plaintiff and Class Counsel agree that, other than in connection with any Court-approved notice arising from this Agreement, they will not issue any press release, whether joint or individual, concerning this Agreement or anything related thereto and that they will not seek to obtain media coverage in relation to the Agreement, with the exception that Class Counsel will post this Agreement on its website and if necessary, on the Canadian Bar Association’s Class Action Database.
8.5 The Parties specifically agree that the Parties will not make any public statements, comment or any communication of any kind about any negotiations or information exchanged as part of the settlement process. The Parties’ obligations under this subsection shall not prevent them, or any of them, from reporting to their clients, or from complying with any order of the Court, or from making any disclosure or comment otherwise required by the Agreement...
NOTICE TO THE CLASS. A. Notice and Administrative Costs shall be paid by iFIT separate and apart from any relief made available to Class Members.
B. Solely for the purpose of implementing this Agreement and effectuating the Settlement, the Parties stipulate that they will request the Court to appoint Epiq Global as Class Action Settlement Administrator. Once approved by the Court, the Class Action Settlement Administrator will be an agent of the Court and will be subject to the Court’s supervision and direction as circumstances may require. The Class Action Settlement Administrator shall use its best efforts to provide notice to the Class as described in this Agreement, the Preliminary Approval Order, and as may be ordered by the Court.
C. The Class Action Settlement Administrator shall send to each appropriate State and Federal official the materials specified in 28 U.S.C. § 1715 and otherwise comply with its terms.
NOTICE TO THE CLASS. In compliance with the Preliminary Approval Order, the Class Notice was mailed 3 by first class mail to members of the Class at their last known addresses on or about
NOTICE TO THE CLASS a. Class Counsel shall move for entry of an order directing notice to the class (“Notice Order”). Class Counsel shall also submit to the Court for approval a proposed form of, method for, and schedule for dissemination of notice to the Class. The motion to direct notice to the Class shall recite and ask the Court to find that the proposed form of and method for dissemination of notice to the Class constitutes valid, due and sufficient notice to the Class, constitutes the best notice practicable under the circumstances, and complies fully with the requirements of Federal Rule of Civil Procedure 23.
b. Class Counsel, in their motion to direct notice to the Class, shall seek an order authorizing and ordering the Notice and Claims Administrator (a) to request from any third-party payor that timely and validly excludes itself from the Certified Class identification of those plans that the entity seeks to exclude and for entities that purport to exclude entities for which their authority to do so is not readily apparent—including insurers purporting to exclude employer plans for which the insurer provides administrative services—documentation and declarations supporting any purported claim to have authority to opt-out other entities; and (b) to submit a report and recommendation (“Exclusion Report and Recommendation”) to the Court setting forth (i) its ability to validate the existence of such entities’ authority to exclude other class members from the Certified Class, (ii) its findings as to the scope and market shares of any opt-outs for purposes of determining whether the threshold has been met for terminating the agreement pursuant to ¶ 31(d), and (iii) any other issues that may arise during its investigation.
c. Class Counsel shall provide Defendant with a draft proposed Notice Order and proposed form of notice (including the proposed Proof of Claim and Release) seven days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. Class counsel shall provide Defendant with a draft of its motion for entry of the Notice Order, together with any accompanying memorandum, three days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant.
d. Defendant shall be responsible for providing all notices required by the Class Action Fairness Act of 2005 to be provided to state attorneys general or to the United States of America.
