Common use of NOTICE TO THE CLASS Clause in Contracts

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 party.

NOTICE TO THE CLASS. a. To facilitate 8.1 Components of Class Notice Class Notice will be accomplished through a combination of the publication of Short- Form Notices, notice through the Settlement website, the Long Form Notice, a toll-free Settlement phone number, mailing of the Short-Form Notice and Long Form Notice, Internet banner ads, a press release, and other applicable notice, each of which is described below, as specified in the Pre-Approval Notice Orders, the Declaration of the Settlement Notice and Claims Administrator and Notice Program, and this Agreement and in order to comply with all applicable statutes, laws, or rules. The costs of disseminating the notice and claims administration processotherwise implementing the Notice Program specified herein shall be paid by Toyota. 8.2 Short-Form Notices and Long Form Notices The Settlement Notice and Claims Administrator shall send the Short-Form Notices and Long Form Notices, Xxxxx Fargo will provide by mail, proper postage prepaid, to the current and former registered owners of Subject Vehicles, as identified by data to be forwarded to the Settlement Notice and Claims Administrator by Toyota. The Short-Form Notices and Long Form Notices shall inform potential Class Members on how to go to the Settlement website or call the toll-free telephone number. The Short-Form Notice and Long Form Notices shall be in English for National Class CounselMembers and in both English and French for Quebec Class Members. In addition, within forty-five (45) days of entry of the Preliminary Approval Order, in an electronically searchable Settlement Notice and readable format, Notice Databases for each type of account listed in paragraph 20. Each Notice Database will include Claims Administrator shall: (a) re-mail any Short-Form Notices and Long Form Notices returned by the cellular telephone numbers associated postal service with a “wrong number” code forwarding address no later than the deadline found in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during Pre-Approval Notice Orders, as the Class Period corresponding to the particular type of accountcase may be, and (b) the name(s) by itself or using one or more address research firms, as soon as practicable following receipt of any returned notices that do not include a forwarding address, research such returned mail for better addresses and last known mailing address(es) for the holder(s) promptly mail copies of the account applicable notice to any better addresses so found. The Short-Form Notice and Long Form Notices shall also be available 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 belowwebsite. 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 party.

NOTICE TO THE CLASS. a. To facilitate 4.1 Given the notice expected size and claims administration process, Xxxxx Fargo will provide to known identities of the Settlement Class, the Parties agree that direct notice by certified U.S. mail, return receipt requested (“Mail Notice”) is the best practicable notice for Settlement Class Members. Recognizing the possibility that there might be unidentified Settlement Class Members, the Claims Administrator shall also maintain a settlement website, starting as soon as possible and to Class Counsel, within forty-five (45) days of entry of continuing through at least 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 final day 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 Claims Forms may have been the user or subscriber of the phone number during the Class Periodbe submitted, and direct mailed Notice that notice by print publication (“Publication Notice”) as agreed to by the Parties and authorized by the Court will be provided used to persons identified through this process for whom the name and/or address information does not reasonably match that supplement notice by mail. 4.1.1 Mail Notice shall advise Settlement Class Members of the associated account holder deadline for submitting Claim Forms, their right to opt out of the Settlement or to object to the Settlement, the process by which such opt outs or objections must be made, and the date set by the District Court for a hearing on final approval of the Settlement. Subject to Court approval, the Mail Notice shall be substantially in the form attached hereto as Exhibit 1. 4.1.2 Publication Notice Databases. Potential shall advise Settlement Class Members may also of the deadline for submitting Claim Forms, their right to opt out of the Settlement or to object to the Settlement, the process by which such opt outs or objections must be identified using other methodologies made, and the date set by the District Court for a hearing on final approval of the Settlement. Subject to Court approval, the Publication Notice shall be substantially in the form attached hereto as Exhibit 2. 4.2 The Commonwealth of Massachusetts will provide the Contact Information to the Claims Administrator in sufficient time for Mail Notice to be sent. The Claims Administrator agrees that all Contact Information shall be treated as highly confidential proprietary information, that it shall not share the Contact Information with third parties except any contractor hired to assist with Mail Notice, and that the Claims Administrator and any contractor hired to assist with Mail Notice (if any) shall be required to strictly preserve the confidentiality of the Contact Information. 4.3 The Claims Administrator shall send Mail Notice to Settlement Class Members by Certified U.S. Mail, Return Receipt Requested, within ten (10) days following the Court’s preliminary approval of the Settlement. The Publication Notice shall be published in the Legal Notices section of the Springfield Republican on the soonest two (2) consecutive Sundays practicable after preliminary approval by the Court, but in no event will the first notice be published more than ten (10) days after Mail Notice is sent. 4.4 Upon receiving notification of a failed Mail Notice delivery attempt, the Claims Administrator will attempt no fewer than three times to contact any Settlement Class Member or the next of kin to a Settlement Class Member by telephone in order to correct the physical mailing address and resend Mail Notice as soon as possible. The Claims Administrator will make its first attempt at telephone contact promptly, meaning the next business day after learning of a failed Mail Notice, and follow up as appropriate after that. Class Counsel and their consultants/experts conclude are reasonably likely will also have the right 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 contact 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 4.5 The Notices, Claim Form, this Agreement, and any other materials as agreed to members of by 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 Parties shall be provided solely for available from the purpose of providing notice to members of the Class Claims Administrator 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, posted and shall not be disclosed to any third partyavailable from the website hosted by the Claims Administrator.

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 Claims Administrator shall send the cellular telephone numbers associated with a “wrong number” code Notice to all Class Members as specified by the Court in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during the Class Period corresponding to the particular type of account, and Preliminary Approval/Notice Order. (b) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Defendant shall provide the name(sClaims Administrator with the most recent email addresses it has for these Class Members. The Claims Administrator shall email an Email Notice (see Exhibit 2) to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Claims Administrator shall use the best available databases to obtain current email address information, update its database with these emails, and resend the Notice by email. The Email Notice shall inform Class Members how they may request a copy of the Long Form Notice. (c) For those Class Members who are not current members of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Claims Administrator with last known mailing address(es) addresses for these Class Members. The Claims Administrator will run the holder(s) names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Claims Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt 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 Defendantreturned mail. b. Class Counsel, with (d) The Notice shall also be posted on a settlement website created by the assistance Claims Administrator. (e) The Claims Administrator shall maintain a database showing mail and email addresses to which each Notice and/or Email Notice was sent and any Notices and/or Email Notices that were not delivered by mail and/or email. A summary report 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 this information shall be provided to persons identified through this process the parties at least five (5) calendar days prior to the deadline to file the Motion for whom Final Approval. The database maintained by the name and/or address information does not reasonably match that of the associated account holder in Claims Administrator regarding the Notice Databases. Potential Class Members may also shall 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 available to the Settlement Administrator or Class Counsel pursuant to this Settlement parties and the Court upon request. It shall otherwise 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, confidential and shall not be disclosed to any third party. (f) The Notice and Email Notice shall be in a form approved by the Court and, be substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The parties may by mutual written consent make non-substantive changes to the Notice and Email Notice, and fill in any blanks, without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Claims Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate (a) The Settlement Administrator shall send the notice Notice, as applicable, to all Class Members as specified by the Court in the Preliminary Approval/Notice Order. (b) For those Class Members who are current customers of Defendant and claims administration processhave agreed to receive notices regarding their accounts from Defendant electronically, Xxxxx Fargo will Defendant shall 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 most recent email addresses it has 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 these 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 shall email the information obtained through this process with Notice to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the United States Postal Services’ change of address database Settlement Administrator shall use the best available databases to obtain any updated current email address information for Class Members, update its database with these emails, and resend the Notice. The Notice shall inform Class Members how they may request a copy of the Long Form Notice. d. Any personal information relating to members of the (c) For those Class or to Xxxxx Fargo customers Members who are not current customers of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these Class Members. The Settlement Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that is are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) The Long Form Notice shall be posted on the settlement website created by the Settlement Administrator and shall be available to Class Members by email on request to the Settlement Administrator. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of Parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. To the extent the database is provided to Class Counsel, it shall be used only for purposes of implementing the terms of this Agreement, and shall not be used for any other purposes. (f) The Long Form Notice and the Notice shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator’s fees and costs shall be paid out of the Settlement Fund.

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 Claims Administrator shall send the cellular telephone numbers associated with a “wrong number” code Notice to all Class Members as specified by the Court in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during the Class Period corresponding to the particular type of account, and Preliminary Approval/Notice Order. (b) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant by email, Defendant shall provide the name(s) and Claims Administrator with their most recent email addresses. The Claims Administrator shall email the Notice to each such Class Member’s last known mailing address(es) for the holder(s) of the account on which the Call was made. Xxxxx Fargo email address, in a manner that is only obligated calculated 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 avoid being caught and address of individuals who were excluded by spam filters 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 devices intended to work in conjunction with block mass email. For any emails that are returned undeliverable, the other methods of Notice set forth below. c. The Settlement Claims Administrator will then cross reference shall use the information obtained through this process with the United States Postal Services’ change of address database best available databases to obtain any updated current email address information for Class Members, update its database with these emails, and resend the Notice. d. Any personal information relating to members of the (c) For those Class or to Xxxxx Fargo customers Members who are not current members of Defendant or who have not agreed to receive notices regarding their accounts from Defendant by email, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Claims Administrator with last known mailing addresses for these Class Members. The Claims Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Claims Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that is are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) The Notice shall also be posted on a settlement website created by the Claims Administrator with a domain name approved by Defendant. The Claims Administrator shall transfer control and ownership of the website to Defendant upon distribution of the entire Settlement Fund. (e) The Claims Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to the Settlement parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Claims Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. (f) The Notice shall be in a form approved by the Court and substantially similar to the notice form attached hereto as Exhibit 1. The parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice as provided for in this Section, and all costs of administration, including but not limited to the Claims Administrator’s fees and costs shall be paid out of the Settlement Fund. (h) The Claims Administrator shall notify Defendant’s Counsel of its intent to disseminate Notices as provided herein at least 24 hours prior to disseminating Notices.

NOTICE TO THE CLASS. a. To facilitate 6.1. As soon as practicable but no later than thirty (30) days following Preliminary Approval, the notice and claims administration process, Xxxxx Fargo will provide Settlement Administrator shall cause the Class Notice (substantially in the form attached hereto as Exhibit B) to be mailed to the Settlement Administrator Class. Such notice shall comport with Rule 23, and be effectuated pursuant to Class Counselthe Notice Plan set forth in Section 6.2, within forty-five (45) days the costs of entry which shall be deemed part of the Preliminary Approval OrderSettlement Administration Expenses, in an electronically searchable and readable format, Notice Databases for each type which shall be paid from the Settlement Fund. The Parties expressly agree that the initial out-of-pocket costs 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 Notice shall be paid from the particular type of accountinitial payment provided for in Section 3.2, and (b) the name(s) and last known mailing address(es) for the holder(s) of the account on that once 6.2. The Notice Plan, which the Call was made. Xxxxx Fargo is only obligated to provide such information as is contained Class Counsel developed in the reasonably available computerized account records of the Defendant. b. Class Counsel, consultation 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 consists 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 following: a. Identification of potential members of the associated account holder in Settlement Class. The Parties expect that 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 make reasonable attempts to obtain any updated address information for identify Settlement Class MembersMembers using publicly available information. d. Any personal information relating b. Mailed Class Notice to potential members of the Settlement Class. Within thirty (30) days after Preliminary Approval, the Settlement Administrator will send or cause to be sent Class or Notice, substantially in the form attached hereto as Exhibit B, to Xxxxx Fargo customers who are not the address associated with each potential member of the Settlement Class. The Class Members that is provided Notice shall include a prominently displayed URL for the Settlement Website, with clear language directing potential members of the Settlement Class to the Settlement Website. For Class Notices that are returned with a forwarding address, the Settlement Administrator or will re-mail the Class Counsel pursuant Notice to this the forwarding address within seven (7) days. For Class Notices returned without a forwarding address, the Settlement shall be provided solely for Administrator will use commercially reasonable efforts to obtain an updated address, such as Accurint, and will re-mail 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 partyupdated address obtained.

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 59. Within fourteen (4514) days of the Court’s entry of the Preliminary Approval Order, Defendant shall produce the names and addresses of the Settlement Class Members it has 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 its possession to the particular type Settlement Administrator. For information regarding Settlement Class Members not within Defendant’s possession, within fourteen (14) days after execution of accountthis Agreement by all Parties, Defendant shall request the information directly from its customer. If the customer does not provide the information to Defendant within thirty (30) days following a request to do so or a different date reasonably agreed to by the Parties, the name of the customer shall be provided to Class Counsel so that the information can be subpoenaed. The information requested in the subpoena shall be provided by the customer directly to the Settlement Administrator. ESO shall forward a list of the approximately 7,812 potential class members Defendant identified in good faith as potential members of the Settlement Class to the Settlement Administrator to allow it to compare against data provided by the customers to confirm that the individuals are members of the Settlement Class (i.e., that they fall within the definition of Settlement Class Members) and (b) finalize the name(s) class list. The class list shall include the first and last name and last known mailing address(esaddress and e-mail for each Settlement Class Member to the extent Defendant or its customer(s) 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 able 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 such information. The class list is being provided to the Settlement Administrator or Class Counsel pursuant to this Settlement shall be provided solely for the purpose of providing giving notice to members the Settlement Class Members and will be kept confidential by the Settlement Administrator. Neither Plaintiff nor Class Counsel shall receive a copy of the class list, nor shall they seek copies of the class list from the Settlement Administrator. However, if an individual contacts Class Counsel to inquire as to whether s/he is on the Class List or the status of his/her check, Class Counsel will be able to verify if a particular person is on the Class List and allowing them confirm with the Settlement Administrator whether the address provided by the individual to recover under Class Counsel is as the address contained in the Class List. Plaintiff will not move for preliminary approval of the settlement until all available class information has been provided by Defendant’s customers and verified by ESO. 60. The Settlement Administrator shall implement the notice program, as set forth in this SettlementSection and directed by the Court. Such information shall be kept in strict confidenceThe Settlement Administrator shall, shall be used only for purposes of this Settlementby the Notice Deadline, and shall not be disclosed to any third party.provide:

NOTICE TO THE CLASS. a. To facilitate 6.1. Mail/Email Notice: Following Preliminary Approval, the notice and claims administration processadministrator shall run reverse-lookups on the cellular telephone numbers that were coded in its system as “wrong numbers,” the result shall be known as the “Notice List.” Subject to the requirements of the Preliminary Approval Order, Xxxxx Fargo will provide to the Settlement Administrator shall disseminate direct Mail Notice in the form attached as Exhibit A by first class mail to all persons on the Notice List. To the extent email information is available as part of the reverse lookup for persons on the Notice List, the Settlement Administrator shall also disseminate direct Email Notice, in the form attached as Exhibit B, via email to all such persons similarly identified. Upon coordination with the Parties, the Settlement Administrator may also use additional methods to attempt to locate Settlement Class Member contact information, including but not limited to reverse-lookup or skip trace. 6.1.1. The Mail Notices and to Class Counsel, within Email Notices shall all be mailed or sent not less than forty-five (45) days of entry of Days after the Court’s Preliminary Approval Order. 6.1.2. [reserved] 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, 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 accountfolding, and (b) the name(s) other printing elements or presentation may be adjusted to accommodate a booklet format and last known mailing address(es) for the holder(s) of the account on which the Call was madeefficient envelope and postage considerations). 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 shall run the information obtained through this process mailing list against the National Change of Address database before mailing. 6.1.4. After posting of the Mail Notice by the Settlement Administrator with the United States Postal Services’ change of address database to obtain Service, for 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 Mail Notices returned as undeliverable, the Settlement Administrator or may run reverse-lookups to obtain better 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 Counsel pursuant Member’s address(es) in sufficient time to this Settlement shall be provided solely for the purpose of providing notice to members of repost the Class and allowing them Notice(s) at least twenty (20) Days before the scheduled Final Approval Hearing, then the Settlement Administrator need make no further efforts to recover under this Settlementprovide further Mail Notice to such person(s). 6.1.5. Such information shall All costs of Mail Notice will be kept in strict confidence, shall be used only for purposes of this Settlement, and shall not be disclosed to any third partypaid from the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate (a) Defendant shall prepare a list that identifies each Settlement Class Member and the notice and claims administration process, Xxxxx Fargo will provide to the Settlement Administrator and to Class Counsel, within forty-five (45) days number 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 fee that 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 Member incurred during the Class Period. (b) The Claims Administrator shall send the Notice to all Class Members as specified by the Court in the Preliminary Approval/Notice Order. (c) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant by email, Defendant shall 1 Together, the “Classes.” provide the Claims Administrator with the most recent email addresses it has for the Class Members. The Claims Administrator shall email an Email Notice (see Exhibit 1) to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Claims Administrator shall use the best available databases to obtain current email address information, update its database with these emails, and direct resend the Notice by email. The Email Notice shall inform Class Members how they may request a copy of the Long Form Notice (see Exhibits 1-2). (d) For those Class Members who are not current members of Defendant or who have not agreed to receive notices regarding their accounts from Defendant by email, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Claims Administrator with last known mailing addresses for these Class Members. The Claims Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice will is returned with forwarding address information, the Claims Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re- mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (e) The Notice shall also be posted on a limited access settlement website created by the Claims Administrator, subject to designation by Defendant. (f) The Claims Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to persons identified through this process the Parties at least five (5) days prior to the deadline to file the Motion for whom Final Approval. The database maintained by the name and/or address information does not reasonably match that of the associated account holder in Claims Administrator regarding the Notice Databases. Potential Class Members may also shall 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 available to the Settlement Administrator or Class Counsel pursuant to this Settlement parties and the Court upon request. It shall otherwise 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, confidential and shall not be disclosed to any third party (g) The Notice shall be in a form approved by the Court and, substantially similar to the notice form attached hereto as Exhibit 1 and Exhibit 2. The parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (h) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration, including but not limited to the Claims Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate (a) The Claims Administrator shall send the notice Notice to all Class Members as specified by the Court in the Preliminary Approval/Notice Order. (b) For those Class Members who are current members of Defendant and claims administration processhave agreed to receive notices regarding their accounts from Defendant by email, Xxxxx Fargo Defendant shall provide the Claims Administrator with their most recent email addresses. The Claims Administrator shall email the Notice to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Claims Administrator shall use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Notice. Notwithstanding anything to the contrary, other than production of PDF statements from November 2009 to November 2012 described in Section 5(d), Defendant is not responsible for providing any information to the Claims Administrator regarding Class Members for the period of November, 2009 to November 2012. (c) For those Class Members who are not current members of Defendant or who have not agreed to receive notices regarding their accounts from Defendant by email, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Claims Administrator with last known mailing addresses for these Class Members. The Claims Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Claims Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re- mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) Within fourteen days after Preliminary Approval being granted by the Court, Defendant will provide to the Settlement Claims Administrator and the information needed to Class Counsel, within forty-five (45) days of entry of accomplish the Preliminary Approval Order, notice 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(sSection 5.(b) and last known mailing address(es5(c) 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 a reasonably available computerized account records of the Defendant. b. Class Counseluseable electronic format, with the assistance exception of their consultants/experts Class Member data for the period of November, 2009, to November, 2012. Within seven days of all parties signing this Settlement Agreement, Defendant will provide PDF statements from November, 2009 to November, 2012 to Xx. Xxxxxx Xxxxx. With this information, Xx. Xxxxx will use reasonable efforts to recreate a database of class membership for this period if reasonably possible. Xx. Xxxxx shall sign a Non-Disclosure Agreement before receiving this information. Within 28 days of Xx. Xxxxx receiving this information from Defendant, Xx. Xxxxx will provide the database he recreated to the claims administrator, or report to the parties that reasonable efforts in his opinion would not have allowed this to be done in cost effective manner for a case such as this. (e) The Notice shall also be posted on a settlement website created by the Claims Administrator. (f) The Claims Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or the Settlement Administrator, will perform a “reverse look up” email. A summary report 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 shall be provided to persons identified through this process the Parties at least five (5) days prior to the deadline to file the Motion for whom Final Approval. The database maintained by the name and/or address information does not reasonably match that of the associated account holder in Claims Administrator regarding the Notice Databases. Potential Class Members may also shall 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 available to the Settlement Administrator or Class Counsel pursuant to this Settlement parties and the Court upon request. It shall otherwise 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, confidential and shall not be disclosed to any third party (g) The Notice shall be in a form approved by the Court and, substantially similar to the notice form attached hereto as Exhibit 1. The parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (h) Within three (3) days of entry of the Final Approval Order, the Claims Administrator shall provide to Defendant’s Counsel the Final Claims Report to enable Defendant to distribute the Settlement Fund in accordance with Section 8 of this Agreement. (i) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration, including but not limited to the Claims Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate the notice and claims administration process, Xxxxx Fargo will provide to the (a) The Settlement Administrator and shall send the Notice, as applicable, to all Class Counsel, within forty-five (45) days of entry of Members as specified by the Court in 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) For those Class Members who are current customers of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Defendant shall provide 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, Settlement Administrator 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 most recent email addresses it has 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 these 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 shall email the information obtained through this process with Notice to each such person's last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the United States Postal Services’ change of address database Settlement Administrator shall use the best available databases to obtain any updated current email address information for Class Members, update its database with these emails, and resend the Notice. The Notice shall inform Class Members how they may request a copy of the Long Form Notice. d. Any personal information relating to members of the (c) For those Class or to Xxxxx Fargo customers Members who are not current customers of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these Class Members. The Settlement Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that is are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) The Long Form Notice shall be posted on the Settlement Website created by the Settlement Administrator and shall be available to Class Members by email on request to the Settlement Administrator. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of Parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. To the extent the database is provided to Class Counsel, it shall be used only for purposes of implementing the terms of this Agreement and shall not be used for any other purposes. (f) The Long Form Notice and the Notice shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator's fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate 8.1 The Settlement Administrator shall provide notice of the Settlement to Settlement Class Members in accordance with the Notice Plan as approved by the Court. Given the difficulties in ascertaining individual Settlement Class Members, the Parties agree that publication notice (including through the internet) is the best practicable notice of this Settlement. 8.2 The Parties shall confer regarding the Notice Plan prior to its submission to the Court. The Parties have the right to approve the proposed Notice Plan prior to its submission to the Court, which approval they shall not unreasonably withhold. Subject to Court approval, Notice to be provided to the Settlement Class shall be in substantially the form of Group Exhibit 1 and claims administration processExhibit 3 attached hereto, Xxxxx Fargo will together with the Settlement Website. The Notice shall provide all relevant information, including important dates and deadlines, the Class Settlement Amount, and how to submit a Claim, opt-out, or object. 8.3 Settlement Class Members shall also be notified of the Settlement via the establishment of a Settlement Website. The Settlement Website shall be established by the Settlement Administrator and shall contain information about the Settlement, including electronic copies of this Agreement as well as the Exhibits, including a long form Notice of the Settlement substantially in the form attached hereto. The URL of the Settlement Website shall be agreed upon by Settlement Class Counsel and Walmart’s Counsel prior to the beginning of the Notice Period. 8.4 Due to the practical difficulties in ascertaining contact information for individual Settlement Class CounselMembers, within forty-five Walmart may, in its sole discretion, terminate this Settlement if the Court requires individual, direct notice to Settlement Class Members. If Walmart exercises its option to terminate due to the Court’s requiring individual, direct notice, it shall provide Settlement Class Counsel with written notice of its election, at which point the Agreement is void in accordance with Section 19. 8.5 Within thirty (4530) days of entry Preliminary Approval of the Preliminary Approval OrderSettlement Agreement, in an electronically searchable the Settlement Administrator shall establish the Settlement Website 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 begin effectuating notice to the particular type Settlement Class Members as described in this Section. Unless otherwise agreed to by the Parties, the Settlement Website shall be maintained until sixty (60) days after the Settlement Effective Date and then taken down. 8.6 The Notice Period shall begin approximately thirty (30) days after the Preliminary 8.7 The Parties agree that distribution 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 Notice in the reasonably available computerized account records of manners described above constitutes the Defendant. b. Class Counsel, with best notice practicable under 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 circumstances to members of the Settlement Class or Members, and complies fully with any and all substantive and procedural due process rights guaranteed by the United States Constitution and any other applicable law. The Parties further agree that the Notice sufficiently notifies the Settlement Class of the terms of the proposed Settlement, their right to Xxxxx Fargo customers who are not Class Members that is provided object to the Settlement Administrator or Class Counsel pursuant to this Settlement shall be provided solely for the purpose of providing notice to members opt-out 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 the deadlines and procedures to any third partyobject, opt-out or submit a Claim Form in connection with this Settlement.

NOTICE TO THE CLASS. a. To facilitate (a) The Settlement Administrator shall send the notice Postcard Notice and claims administration processEmail Notice (as applicable) to all Settlement Class Members as specified below and by the Court in the Preliminary Approval Order. The Settlement Class Members shall be identified by Defendant, Xxxxx Fargo will pursuant to an analysis of Defendant’s business records, and Settlement Class Member information shall be transmitted from Defendant to the Settlement Administrator. (b) For those Settlement Class Members who are Current Account Holders of Defendant and have agreed to receive notices regarding their Accounts from Defendant electronically, Defendant shall provide the Settlement Administrator with the most recent email addresses it has for these Settlement Class Members. The Settlement Administrator shall email an Email Notice to each such Settlement Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Settlement Administrator shall send a Postcard Notice in the manner described in Section 5(c) below. The Email Notice shall inform Settlement Class Members how they may request a copy of the Long Form Notice. (c) For those Settlement Class Members who are Past Account Holders of Defendant or who have not agreed to receive electronic notices regarding their Accounts from Defendant, the Postcard Notice shall be mailed to them by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these Settlement Class Members. The Settlement Administrator shall run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Postcard Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address. For all mailed Postcard Notices that are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Postcard Notice once to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. The Postcard Notice shall inform Settlement Class Members how they may request a copy of the Long Form Notice. (d) The Long Form Notice shall be posted on the Settlement Website and shall be available on request made to the Settlement Administrator and to by any Settlement 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 includeMember. (ae) The Long Form Notice and Email Notice/Postcard Notices shall be in forms approved by the cellular telephone numbers Court. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. (f) All costs associated with a “wrong number” code publishing, mailing and administering the Notice as provided for in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during the Class Period corresponding to the particular type of accountthis Section 5, and (b) the name(s) and last known mailing address(es) for the holder(s) all costs 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 Counseladministration including, with the assistance of their consultants/experts and/or but not limited to, the Settlement Administrator, will perform a “reverse look up” of telephone numbers within the Notice Databases to identify the name ’s fees and address of individuals who were or may have been the user or subscriber costs shall be paid out 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 belowSettlement Fund. 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 party.

NOTICE TO THE CLASS. a. To facilitate A. As soon as practicable after preliminary certification of the notice Class and preliminary approval of this Settlement by the Court, but no later than fourteen (14) calendar days after such certification and approval, the Class Administrator shall (a) send a copy of the Detailed Notice (Exhibit C) and Claim Form (Exhibit A) by first class mail to the last known address (as set forth in Section VI.F above) of all individuals whom the Parties have identified through reasonable effort, during informal discovery, and have mutually agreed may fall within the Class Definition, as reflected in the records of ORM and the D.C. Department of Human Resources; and (b) cause to be published a Newspaper Notice (Exhibit D) in the Washington Examiner, the Express, and the City Paper. The Detailed Notice also will contain a Question and Answer format that raises most, if not all, questions a Claimant might have about the claims administration process. B. Upon the mailing of Detailed Notice and Claim Form to Class Members, Xxxxx Fargo will the Class Administrator shall publish the Settlement Agreement, the Detailed Notice and Claim Form on the Class Action Website. The Plaintiffs shall publish the Settlement Agreement and the Detailed Notice and Claim Form on the law firm website of Class Counsel. The District shall publish the Settlement Agreement, Detailed Notice and Claim Form on the websites for OAG and ORM. 1. Individuals, who the Parties have not mutually agreed may fall within the Class Definition by the time the Detailed Notices and Claim Forms are mailed, may also file Claims and inquire as to, or attest to, membership in the Class. Where the fact of a Claimant’s membership in the Class is not readily apparent, the Class Administrator shall provide to Class Counsel and District Counsel the Settlement Administrator identity and any other pertinent information pertaining to the Claimant and request in writing that counsels, upon independent review of their records, advise whether they have any information related to the Claimant’s Class Counselmembership. 2. The Class Administrator, within after consultation with the Parties, shall make the final decision on whether a Claimant meets the requirements and qualifications of a Class Member, consistent with the Class definition approved by the Court in the settlement of this Action. C. On or about forty-five (45) calendar days of entry after the mailing of the Preliminary Approval Order, in an electronically searchable Detailed Notice and readable format, Notice Databases for each type Claim Form (precise timing at the discretion 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 Administrator in consultation with Class Counsel and District Counsel), the Class Administrator shall send a Postcard Notice (Exhibit H) to all individuals previously mailed a Detailed Notice and Claim Form who have not yet submitted a Claim nor opted out of the particular type of accountClass. The Class Administrator shall publish the Postcard Notice on the Class Action Website, 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 OAG, and ORM shall post the assistance of Postcard notices on their consultants/experts and/or respective websites. D. During the Settlement AdministratorClaim Period, 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 Administrator shall provide periodic reports (preferably once a week) 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 nonDistrict Counsel on the status and progress of the submission of Claims, or opt-customers who are outs, and other elements of the administration process being handled by the 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 belowAdministrator. c. The Settlement Administrator will then cross reference E. Class Counsel or Class Representatives may also publish or circulate announcements or shortened versions of the information obtained through this process with Notices on websites or email lists of their selection, in efforts to reach the United States Postal Services’ change widest possible number 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 party.

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 (45a) Within 35 days of entry of the Preliminary Approval Order, or within such other time as may be ordered by the Court, the Settlement Administrator shall send the Notice, as applicable, to all Class Members as specified by the Court in an electronically searchable and readable format, the Preliminary Approval/Notice Databases for each type of account listed in paragraph 20. Each Notice Database will includeOrder. (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) For those Class Members who are current accountholders of Defendant and have agreed to receive account statements from Defendant electronically, Defendant shall provide the name(s) and last known mailing Settlement Administrator with the most recent email address(es) it has 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 these 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 shall email the information obtained through this process with Notice to each such Class Member’s last known email address(es), in a manner that is designed to avoid being filtered and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the United States Postal Services’ change of address database Settlement Administrator shall use the best available databases to obtain any updated current email address information for Class Members, update its database with these emails, and resend the Notice. If the Settlement Administrator is unable to identify a valid email address for a Class Member, it shall undertake the methods below to send Notice by mail. The Notice shall inform Class Members how they may request a copy of the Long Form Notice. d. Any personal information relating to members of the (c) For those Class or to Xxxxx Fargo customers Members who are not current accountholders of Defendant or who have not agreed to receive account statements from Defendant electronically, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing address(es). Defendant shall provide the Settlement Administrator with the last known mailing address for each Class Member. The Settlement Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that is are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) The Long Form Notice shall be posted on the settlement website created by the Settlement Administrator. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. To the extent the database is provided to Class Counsel, it shall be used only for purposes of implementing the terms of this Agreement and shall not be used for any other purposes. (f) The Notice shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 2 and 3. Unless prohibited by law or Court order, the parties may by mutual written consent make non-substantive changes to the notice forms attached hereto as Exhibits 2 and 3 without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice or Long Form Notice as provided for in this Section, setting up and maintaining the settlement website, and all other costs incurred by the Settlement Administrator in connection with the administration of the settlement provided for in this Agreement, including, but not limited to, the Settlement Administrator’s fees and costs, shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate the notice and claims administration process, Xxxxx Fargo (a) Defendant will provide to the Settlement Administrator and with the Class List. The Settlement Administrator shall send the Notice to all Class Counsel, within forty-five (45) days of entry of Members as specified by the Court in 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) For those Class Members who are current account holders of Defendant and have agreed to receive electronic notices regarding their accounts, Defendant shall provide 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, Settlement Administrator 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 most recent email addresses they 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 these 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 shall email an Email Notice to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the information obtained through this process with Settlement Administrator shall use the United States Postal Services’ change of address database best available databases to obtain any updated current email address information for Class Members, update its database with these emails, and resend the Notice by email. For any emails that are again returned as undeliverable following this step, the Settlement Administrator shall send the Postcard Notice to the Class Member at their last known address. The Email Notice and Postcard Notice shall inform Class Members how they may access a copy of the Long Form Notice. d. Any personal information relating to members of the (c) For those Class or to Xxxxx Fargo customers Members who are not current account holders of Defendant or who have not agreed to receive electronic notices regarding their accounts, the Postcard Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these Class Members. The Settlement Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that is are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) The Long Form Notice shall be posted on the Settlement Website created by the Settlement Administrator. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of Parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. To the extent the database is provided to Class Counsel, it shall be used only for purposes of implementing the terms of this Agreement, and shall not be used for any other purposes. (f) The Notice shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1-3. The Parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (g) All the Settlement Administrator’s fees and costs shall be paid out of the Settlement Fund.

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 Claims Administrator shall send the cellular telephone numbers associated with a “wrong number” code Notice to all Class Members as specified by the Court in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during the Class Period corresponding to the particular type of account, and Preliminary Approval/Notice Order. (b) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant by email, Defendant shall provide the name(sClaims Administrator with the most recent email addresses it has for the Class Members. The Claims Administrator shall email an Email Notice (see Exhibit 1) to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Claims Administrator shall use the best available databases to obtain current email address information, update its database with these emails, and resend the Notice by email. The Email Notice shall inform Class Members how they may request a copy of the Long Form Notice (see Exhibits 1-2). (c) For those Class Members who are not current members of Defendant or who have not agreed to receive notices regarding their accounts from Defendant by email, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Claims Administrator with last known mailing address(es) addresses for these Class Members. The Claims Administrator will run the holder(s) names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Claims Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re- mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the account returned mail. (d) The Notice shall also be posted on a settlement website created by the Claims Administrator. (e) The Claims Administrator shall maintain a database showing mail and email addresses to which the Call each Notice was madesent and any Notices that were not delivered by mail and/or email. Xxxxx Fargo is only obligated to provide such information as is contained in the reasonably available computerized account records A summary report 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 shall be provided to persons identified through this process the Parties at least five (5) days prior to the deadline to file the Motion for whom Final Approval. The database maintained by the name and/or address information does not reasonably match that of the associated account holder in Claims Administrator regarding the Notice Databases. Potential Class Members may also shall 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 available to the Settlement Administrator or Class Counsel pursuant to this Settlement parties and the Court upon request. It shall otherwise 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, confidential and shall not be disclosed to any third party. (f) The Notice and Email Notice shall be in a form approved by the Court and, substantially similar to the notice form attached hereto as Exhibit 1 and Exhibit 2. The parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (g) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration, including but not limited to the Claims Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate (a) The Settlement Administrator shall send the notice Notice to all Class Members as specified by the Court in the Preliminary Approval/Notice Order. (b) For those Class Members who are current customers of Defendant and claims administration processhave agreed to receive notices regarding their accounts from Defendant by email, Xxxxx Fargo will Defendant shall provide to the Settlement Administrator with the most recent email addresses it has for the Class Members. The Settlement Administrator shall email an Email Notice (see Exhibit 1) to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Settlement Administrator shall use the best available databases to obtain current email address information, update its database with these emails, and resend the Notice by email. The Email Notice shall inform Class Counsel, within forty-five (45) days of entry Members how they may request a copy of the Preliminary Approval OrderLong Form Notice (see Exhibits 1-2). (c) For those Class Members who are not current customers of Defendant or who have not agreed to receive notices regarding their accounts from Defendant by email, in an electronically searchable and readable format, the Settlement Administrator shall mail Notice Databases to these Class Members by first class United States mail to the best available mailing address for each type of account listed in paragraph 20Class Member. Each Notice Database will include (a) Defendant shall provide the cellular telephone numbers associated Settlement Administrator 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) addresses 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 these 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 run the information obtained names and addresses through this process the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the United States Postal Services’ change of address database Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain any updated forwarding address information for Class Membersand, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. d. Any personal information relating (d) The Notice shall also be posted on the Settlement Website. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to members which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Class or to Xxxxx Fargo customers who are not Class Members that is Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of Parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. (f) The Notice and Email Notice shall be in a form approved by the Court and substantially similar to the notice form attached hereto as Exhibit 1 and Exhibit 2. The Parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice as provided for in this Section, and all costs of administration, including but not limited to the Settlement Administrator’s fees and costs, shall be paid out of the Settlement Fund.

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 Claims Administrator shall send the cellular telephone numbers associated with a “wrong number” code Notice to all Class Members as specified by the Court in Xxxxx Fargo’s records to which Xxxxx Fargo made Calls during the Class Period corresponding to the particular type of account, and Preliminary Approval/Notice Order. (b) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant by email, Defendant shall (c) For those Class Members who are not current members of Defendant or who have not agreed to receive notices regarding their accounts from Defendant by email, the name(s) and Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Claims Administrator with last known mailing address(es) addresses for these Class Members. The Claims Administrator will run the holder(s) names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Claims Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re- mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the account returned mail. (d) The Notice shall also be posted on a settlement website created by the Claims Administrator. (e) The Claims Administrator shall maintain a database showing mail and email addresses to which the Call each Notice was madesent and any Notices that were not delivered by mail and/or email. Xxxxx Fargo is only obligated to provide such information as is contained in the reasonably available computerized account records A summary report 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 shall be provided to persons identified through this process the Parties at least five (5) days prior to the deadline to file the Motion for whom Final Approval. The database maintained by the name and/or address information does not reasonably match that of the associated account holder in Claims Administrator regarding the Notice Databases. Potential Class Members may also shall 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 available to the Settlement Administrator or Class Counsel pursuant to this Settlement parties and the Court upon request. It shall otherwise 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, confidential and shall not be disclosed to any third party (f) The Notice shall be in a form approved by the Court and, substantially similar to the notice form attached hereto as Exhibit 1. The parties may by mutual written consent make non-substantive changes to the Notice without Court approval. (g) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration, including but not limited to the Claims Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate (a) The Claims Administrator shall send the notice Notice and claims administration process, Xxxxx Fargo will provide Claim Form to the Settlement Administrator and to all Class Counsel, Members within forty-five ten (4510) days of after entry of the Preliminary Approval Approval/Notice 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 Notice and Claim Form shall be mailed to all Class Members by first class United States mail to the name(s) and best available mailing addresses for all Class Members. Defendant shall provide the Claims Administrator with last known mailing address(es) addresses for the holder(s) Class Members. The Claims Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice and Claim Form is returned with forwarding address information, the Claims Administrator shall re-mail the Notice and Claim Form to the forwarding address. For all mailed Notice and Claim Forms that are returned as undeliverable, the Claims Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Claims Administrator shall re-mail the Notice and Claim Form to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the account returned mail. (c) Defendant shall also provide the Claims Administrator with the most recent email addresses it has for the Class Members. The Claims Administrator shall also email the Notice and Claim Form to each Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. The Parties must first agree on the text and the subject line of the email prior to the Claims Administrator sending the email to the class members. For any emails that are returned undeliverable, the Claims Administrator shall use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Notice and Claim Form. (d) The Notice and Claim Form shall also be posted on a settlement website created by the Claims Administrator. The name of the settlement website will be xxx.xxxxxx.xxx/xxxxxx0xxxxxxxxxxxxxxxxxxx (if available; if not available, then a similar name). (e) The Claims Administrator shall maintain a database showing mail and email addresses to which the Call each Notice and Claim Form was sent and any Notice and Claim Forms that were not delivered by mail and/or email, and each claim that was made. Xxxxx Fargo is only obligated to provide such A summary report of this 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 shall 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 Defendant’s 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 party.at least five

NOTICE TO THE CLASS. a. To facilitate the notice and claims administration process, Xxxxx Fargo will provide A. Contents of Notice: Prior to the Agreement Execution Date, the parties shall agree on the specific terms of the Mail Notice and Publication Notice. The Mail Notice and Publication Notice shall contain the following information: 1. A statement that the purpose of the Settlement Administrator and is to provide Class CounselMembers with a payment in full settlement of all claims that the Class Member may have against Defendants or, within fortyat the Class Member’s election, to opt-five (45) out of the class action. 2. A statement that the Class Member may object to the proposed Settlement along with the Objection Filing Deadline, which deadline shall be no earlier than 75 days of entry of after the Preliminary Approval Orderand no later than 15 days prior to the Final Fairness Hearing as scheduled by the Court. 3. A statement that objections can be in writing and include, 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 addition 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 Objector, all the following: (a) a simple statement of the phone number during reason for the objection to be made at the Final Fairness Hearing; (b) a statement whether the objector intends to appear at the Final Fairness Hearing; and (3) a list of witnesses and description of documents upon which the objector may call or rely at the hearing. No objections shall be permitted at the Final Fairness Hearing unless the Objector has filed a prior written Objection in accordance with this paragraph. 4. The cut-off date for submitting a completed and signed Opt-Out Election Form (in a form to be agreed by the parties prior to the Agreement Execution Date), which deadline shall be shall be no earlier than 75 days after the Preliminary Approval and no later than 15 days prior to the Final Fairness Hearing, as scheduled by the Court. 5. A statement that, in the event the Class PeriodMember does not return the Opt-Out Election Form, the Class Member will be deemed to have irrevocably chosen to accept Class Member status, to receive the benefits of the Settlement as set forth in this Agreement, and direct mailed Notice to release all claims against Defendants. 6. An explanation that the Class Member is represented by Class Counsel as their attorney in this Settlement process and may, but need not, consult with Class Counsel. 7. The address and telephone number of Class Counsel who will be provided available to persons identified through this process for whom answer questions and represent 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; 8. 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 A statement that the Class or to Xxxxx Fargo customers who are Member may but need not Class Members that is provided to the Settlement Administrator or Class Counsel pursuant to this Settlement shall be provided solely consult with a private attorney of their own choice and expense for the purpose of providing notice to members of the Class and allowing them to recover under advice in connection with 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 party.

NOTICE TO THE CLASS. a. To facilitate 8.1 Defendant is responsible to provide individual direct email Class Notice to Putative Class Members for whom Defendant has email contact information, and hard copy Class Notice to Putative Class Members for whom email Class Notice is undeliverable or unavailable. (a) The text of the notice Notice email (or text of the hard copy Notice) shall contain the Summary Notice, a proposed version of which is attached as Exhibit B. (b) The Notice email (or the hard copy Notice) shall also be accompanied by the full Notice, a proposed version of which is attached as Exhibit A. (c) The Notice email (or the hard copy Notice) shall also be accompanied by the product descriptions, as discussed in Sections 5.5 and claims 6.4 above. 8.2 Defendant is solely responsible for all costs associated with effecting Class Notice and related administration processservices. At its sole discretion, Xxxxx Fargo will provide Defendant may opt to engage ID Experts or a settlement administrator for any portion of its Class Notice duties, but must do so on a date sufficiently early to meet all deadlines in this Agreement. If Defendant elects to engage a settlement administrator other than ID Experts, Plaintiffs must first agree to the Settlement Administrator and to Class Counselidentity of the administrator. Plaintiffs may not withhold approval in bad faith or other vexatious reason. 8.3 Defendant shall file a Notice of Compliance with the Court confirming compliance with this Section 8 no later than the date specified in the Preliminary Approval Order (or, within forty-five (45) days of entry of if such date is absent in the Preliminary Approval Order, in an electronically searchable and readable formatno later than five (5) business days before the Plaintiffs’ deadline to file the Motion for Final Approval of this Settlement). On or before the deadline for filing the Notice of Compliance, Notice Databases for each type of account listed in paragraph 20. Each Notice Database will include (a) the cellular telephone numbers associated with Defendant shall provide to Lead Counsel 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) declaration of the account on which expenses incurred in providing Class Notice. The Notice of Compliance shall also report the Call was made. Xxxxx Fargo is only obligated to provide such information as is contained in number of notices sent, the reasonably available computerized account records number 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 Putative 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 Settlementexercise their exclusion rights, and shall not be disclosed to any third partythe number of Putative Class Members that have objected.

NOTICE TO THE CLASS. a. To facilitate The Parties shall jointly recommend and retain KKC to be the notice Settlement Administrator. The Settlement Administrator shall be required to agree in writing to treat information it receives or generates as part of the settlement administration process as confidential and claims administration process, Xxxxx Fargo will provide subject to the Settlement Administrator Stipulated Protective Order entered in this Litigation, and to Class Counsel, within forty-five (45) days use such information solely for purposes of entry settlement administration under this Agreement. Following the Court’s preliminary approval of this Settlement Agreement and the Court’s appointment of the Preliminary Approval Orderproposed Settlement Administrator, in an electronically searchable and readable format, Notice Databases for each type of account listed in paragraph 20. Each Notice Database will include (a) Defendants shall within 3 days provide the cellular telephone numbers associated final class list 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) addresses for the holder(s) mailing of the account on which the Call was made. Xxxxx Fargo is only obligated Notice purposes 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 who, in turn, shall within fourteen (14) days of receipt of the class list with mailing addresses, mail via First Class United States mail, the Notice of Rights and Claim Form to all Class Members using each individual’s last known address as recorded in Defendants’ records, or as provided by Class Counsel for any Opt-in Plaintiff (each, a “reverse look up” of telephone numbers within Notice”). The mailings shall be done in accordance with assistance from Defendants’ Counsel, to the extent necessary and in order to minimize settlement administration costs. If a Notice Databases mailed to identify a Class Member is returned with a forwarding address provided by the name and Postal Service, it shall be re-mailed to the forwarding address of individuals who were provided. If a Notice mailed is designated as undeliverable by the Postal Service or may have otherwise designated by the Postal Service as having been the user or subscriber of the phone number during the Class Periodsent to an invalid address, 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 shall take reasonable steps to obtain the correct address of any 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, Member and shall not be disclosed attempt to any third party.re-mail the notice no more than one additional time, for a total of two mailings

NOTICE TO THE CLASS. a. To facilitate the notice and claims administration process, Xxxxx Fargo will provide to the (a) The Settlement Administrator and shall send the Notice, as applicable, to all members of the Class Counsel, within forty-five (45) days of entry of as specified by the Court in 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) For those Class Members who are current customers of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Defendant shall provide 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, Settlement Administrator 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 most recent email addresses it has 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 these 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 shall email the information obtained through this process with Notice to each such person’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the United States Postal Services’ change of address database Settlement Administrator shall use the best available databases to obtain any updated current email address information for Class Members, update its database with these emails, and resend the Notice. The Notice shall inform Class Members how they may request a copy of the Long Form Notice. d. Any personal information relating to members of the (c) For those Class or to Xxxxx Fargo customers Members who are not current customers of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, the Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these Class Members. The Settlement Administrator will run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed Notices that is are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. (d) The Long Form Notice shall be posted on the Settlement Website created by the Settlement Administrator and shall be available to Class Members by email on request to the Settlement Administrator. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notice shall be provided solely for available to the purpose of providing notice to members of Parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. To the extent the database is provided to Class Counsel, it shall be used only for purposes of implementing the terms of this Agreement and shall not be used for any other purposes. (f) The Long Form Notice and the Notice shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. (g) All costs associated with publishing, mailing, and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate the notice and claims administration process, Xxxxx Fargo will provide to the (a) The Settlement Administrator and shall send the Short Form Notice, as applicable, to all Class Counsel, Members as specified by the Court in the Preliminary Approval/Notice Order. The Parties shall request the Court to order that Notice be sent within forty-five fifteen (4515) days of after entry of the Preliminary Approval Approval/Notice 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) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Defendant shall provide the name(sSettlement Administrator with the most recent email addresses it has for these Class Members. The Settlement Administrator shall email the Email Notice to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Settlement Administrator shall use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Email Notice. The Email Notice shall inform Class Members how they may request a copy of the Long Form Notice. (c) For those Class Members who are not current members of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, and for those Class Members whose Email Notices bounced back undelivered, the Short Form Notice shall be mailed to these Class Members by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing address(es) addresses for these Class Members. The Settlement Administrator shall run the holder(s) names and addresses through the National Change of Address Registry and update as appropriate. If a Short Form Notice is returned with forwarding address information, the account on which Settlement Administrator shall re-mail the Call was made. Xxxxx Fargo is only obligated Short Form Notice to provide such information as is contained in the reasonably available computerized account records of the Defendantforwarding address. b. Class Counsel, with (d) The Long Form Notice shall be posted on the assistance of their consultants/experts and/or settlement website created by the Settlement Administrator, will perform . (e) The Settlement Administrator shall maintain a “reverse look up” of telephone numbers within the database showing mail and email addresses to which each Notice Databases to identify the name was sent and address of individuals who any Notices that were or may have been the user or subscriber not delivered by mail and/or email. A summary report of the phone number during the Notices, without revealing names, mailing addresses, email addresses, or other contact info for specific Class PeriodMembers, and direct mailed Notice will shall be provided to persons identified through this process the parties at least five (5) days prior to the deadline to file the Motion for whom the name and/or address information does not reasonably match that of the associated account holder in the Notice DatabasesFinal Approval. 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 maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the Notices shall be provided solely for available to the purpose of providing notice to members of the Class and allowing them to recover under this Settlement. Such information Court upon request, but shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to Plaintiffs or Class Counsel or any other third partyparty for any reason. (f) The Short Form Notice and Long Form Notice shall be in forms approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The parties may by mutual written consent make non-substantive changes to the notices without Court approval. (g) All costs associated with publishing, mailing and administering the notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator’s fees and costs shall be paid out of the Settlement Fund.

NOTICE TO THE CLASS. a. To facilitate (a) The Settlement Administrator shall send the notice Postcard Notice and claims administration processEmail Notice (as applicable) to all Class Members as specified below and by the Court in the Preliminary Approval/Notice Order. The Class Members shall be identified by Defendant, Xxxxx Fargo will pursuant to an analysis of Defendant’s business records, and Class Member information shall be transmitted from Defendant to the Settlement Administrator. (b) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Defendant shall provide the Settlement Administrator with the most recent email addresses it has for these Class Members. The Settlement Administrator shall email an Email Notice to each such Class Member’s last known email address, in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. For any emails that are returned undeliverable, the Settlement Administrator shall send a Postcard Notice in the manner described in subsection (c) below. The Email Notice shall inform Class Members how they may request a copy of the Long Form Notice. (c) For those Class Members who are not current members of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, the Postcard Notice shall be mailed to them by first class United States mail to the best available mailing addresses. Defendant shall provide the Settlement Administrator with last known mailing addresses for these Class Members. The Settlement Administrator shall run the names and addresses through the National Change of Address Registry and update as appropriate. If a mailed Postcard Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address. For all mailed Postcard Notices that are returned as undeliverable, the Settlement Administrator shall use standard skip tracing devices to obtain forwarding address information and, if the skip tracing yields a different forwarding address, the Settlement Administrator shall re-mail the Postcard Notice once to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. The Postcard Notice shall inform Class Members how they may request a copy of the Long Form Notice. (d) The Long Form Notice shall be posted on the settlement website created by the Settlement Administrator and shall be available on request made to the Settlement Administrator by any Class Member. (e) The Settlement Administrator shall maintain a database showing mail and email addresses to Class Counsel, within forty-five (45) days of entry which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report 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 Notices shall be provided to persons identified through this process the Parties at least five (5) days prior to the deadline to file the Motion for whom the name and/or address information does not reasonably match that of the associated account holder in the Notice DatabasesFinal Approval. 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 maintained by the Settlement Administrator or Class Counsel pursuant to this Settlement regarding the notices shall be provided solely for available to the purpose of providing notice to members of Parties and the Class and allowing them to recover under this SettlementCourt upon request. Such information It shall otherwise be kept in strict confidence, shall be used only for purposes of this Settlement, confidential and shall not be disclosed to any third party. To the extent the database is required by the Court to be provided to Class Counsel, it shall be used only for purposes of implementing the terms of this Agreement, and shall not be used for any other purposes. (f) The Long Form Notice and Email Notice/Postcard Notice shall be in forms approved by the Court and substantially similar to the forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. (g) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator’s fees and costs shall be paid out of the Settlement Fund.