NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. 50. The Notice also shall include a procedure for members of the Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this Agreement. 51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 52. Written objections should include the following: a. the name of the Action; b. the objector’s full name, address, and telephone number; c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon (a) The Settlement Administrator, as practicable after Preliminary Approval of retained by Defendant, shall send the SettlementNotice, at the direction of Class Counsel and Defendant’s Counselas applicable, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location as specified here and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Approval/Notice Order.
50. (b) The Notice also shall include a procedure for members of the Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be mailed to the 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 the 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 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.
(c) The Long Form Notice shall be posted on the settlement website created by the Settlement Administrator.
(d) The Settlement Administrator shall maintain a database showing mail addresses to which each Notice was sent and any Notices that were not delivered by mail. Any member A summary report of the Classes who does not timely and validly request to opt-out Notice shall be bound 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 regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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.
51. The (e) All costs associated with publishing, mailing and administering the Notice also as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator’s fees and costs shall include a procedure for Class Members to make a written objection be paid by Defendant in addition to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement (a) The Claims Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 Claims Administrator with the most recent email addresses it has for these Class Members. The Claims Administrator shall email an Email Notice also 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 include use the best available databases to obtain current email address information, shall update its database with these emails, and resend the Email Notice by email and shall mail the Notice to Class Members at their last known mailing address. The Email Notice shall inform Class Members how they may request a procedure for 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 Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must Notice shall be mailed to these Class Members by first class United States mail to the Settlement Administratorbest available mailing addresses using postcard notice. Any member 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 Classes who does 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 each Notice and/or Email Notice was sent and any Notices and Email Notices that were not timely and validly request to opt-out delivered by mail and/or email. A summary report of this information shall be bound 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 Claims Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(f) The Notice and Email Notice shall be in a form approved by the Court and, substantially similar to the forms attached hereto as Exhibits 1 and 2. The Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection non-substantive changes to the Settlement and/or to Class CounselNotice and Email 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 application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49(a) Members shall provide to the Settlement Administrator sufficient information to determine the number of APPSN Fees incurred by each Class Member, and the names, addresses, and (if known to Members) email addresses of each Class Member. As soon as practicable after Preliminary Approval The Settlement Administrator shall send the Notice to all Class Members no later than 120 days following the Court’s approval of the Settlement, at Preliminary Approval/Notice Order.
(b) The Notice shall be mailed by the direction Settlement Administrator to Class Members by United States mail to the best available mailing addresses. Members 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 Class Counsel Address Registry and Defendant’s Counselupdate as appropriate. If a mailed Notice is returned with forwarding address information, the Settlement Administrator shall implement re-mail the Notice Program to the forwarding address. For all mailed 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 Notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the returned mail. The Settlement Administrator may also attempt to reach Class Members who could not be reached by mail through email or other means. The Long-Form Notice shall be available on a settlement website maintained by the Settlement Administrator.
(c) The Settlement Administrator shall maintain a database showing mailing addresses to which each Notice was sent and any Notices that were not delivered by mail. A summary report of the Notice shall be provided herein, using to the forms of Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party without a court order.
(d) The Notice shall be in a form approved by the CourtCourt and, substantially similar to the notice form attached hereto as Exhibit 1. The Notice shall include, among other information: a description of the material terms of the Settlement; a date parties may by which Class Members may exclude themselves from or “optmutual written consent make non-out” of the Settlement; a date by which Class Members may object substantive changes to the Settlement; the location Notice without Court approval.
(e) All costs associated with publishing, mailing and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in administering the Notice before the Notice Program commencesas provided for in this Section, based upon those dates and deadlines set by the Court in the Preliminary Approval Order.
50. The Notice also shall include a procedure for members all costs of the Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Periodadministration, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be mailed including but not limited to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees shall be paid by Members separate and costs, and/or to the Service Awards must be mailed to apart from the Settlement Administrator and not filed with the Court. For a written objection Fund, subject to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed Members’ right to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelreimbursement discussed at Section 11.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Potential Settlement Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(b) For all Potential Settlement Class Members, a Postcard Notice (Exhibit 1) shall be mailed by first class United States mail to the best mailing addresses available in Defendant’s records. Defendant shall provide the Settlement Administrator with last known mailing addresses for Potential 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 Notice also is returned with forwarding address information, the Settlement Administrator shall include 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 forwarding address information and, if the skip tracing yields a procedure for members 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 Classes to opt-out returned mail. The Postcard Notice shall inform Potential Settlement Class Members how they may request a copy of the SettlementLong Form Notice (Exhibit 2).
(c) The Settlement Administrator shall maintain a database showing addresses to which each Notice was sent and any Notices that were not delivered. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day A summary report of the Opt-Out PeriodNotice shall be provided to the Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. Requests to opt-out of The database maintained by the Settlement must Administrator regarding the Notice shall be mailed available to the Parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party without a court order.
(d) The Notices 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 Notices without Court approval.
(e) The Settlement Administrator shall also maintain a dedicated website for providing information to Potential Settlement Class Members, including access to the Long Form Notice.
(f) 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. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlementshall be paid by Defendant, to the application for fees separate and costs, and/or to the Service Awards must be mailed to apart from the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Potential Settlement Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(b) For those Potential Settlement Class Members who are current customers 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 those Potential Settlement Class Members. The Settlement Administrator shall email an Email Notice also (Exhibit 1) to each such Potential 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 include use the best available databases to obtain current email address information for Potential Settlement Class Members, update its database with those email addresses, and resend the Notice. The Email Notice shall inform Settlement Class members how they may request a procedure for members copy of the Classes Long Form Notice (Exhibit 3).
(c) For those Potential Settlement Class Members who are not current customers of Defendant or who have not agreed to optreceive notices regarding their accounts from Defendant electronically, or for Potential Settlement Class Members who are sent emails referenced in Paragraph 5(b) but such emails are returned undeliverable and the Settlement Administrator is unable to identify an updated email address by the means prescribed in Paragraph 5(b), a Postcard Notice (Exhibit 2) shall be mailed by first class United States mail to the best mailing addresses available in Defendant’s records. Defendant shall provide the Settlement Administrator with last known mailing addresses for those Potential 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 Notice is returned with forwarding address information, the Settlement Administrator shall re-out 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 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 Settlementreturned mail. Such The Postcard Notice shall inform Potential Settlement Class Members how they may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day request a copy of the Opt-Out PeriodLong Form Notice (Exhibit 3).
(d) 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. Requests to opt-out 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 must Administrator regarding the Notice shall be mailed available to the Parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party without a court order.
(e) The Notices 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 Notices without Court approval.
(f) The Settlement Administrator shall also maintain a dedicated website for providing information to Potential Settlement Class Members, including access to the Long Form Notice.
(g) In an amount not to exceed $40,000, 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. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlementshall be paid by Defendant, to the application for fees separate and costs, and/or to the Service Awards must be mailed to apart from the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement (a) The Claims Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 Claims Administrator with the most recent email addresses it has for these Class Members. The Claims Administrator shall email the Notice also 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 include a procedure use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the 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 Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must Notice shall be mailed to these Class Members by first class United States mail to the Settlement Administratorbest available mailing addresses. Any member 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 Classes who does 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 each Notice was sent and any Notices that were not timely and validly request to opt-out delivered by mail and/or email. A summary report of the Notice shall be bound 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 Claims Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(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 Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection non-substantive changes to the Settlement and/or 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 Class Counselthe Claims Administrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Email Notice Program provided hereinand Postcard Notice, using the forms of Notice approved by the Court. The Notice shall includeas applicable, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 the Email Notice also 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 include 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 procedure for copy of the Long Form Notice.
(c) For those Class Members who are not current members of the Classes Defendant or who have not agreed to opt-out of the Settlement. Such receive electronic notices regarding their accounts from Defendant, and for those Class Members may opt-out at any time during whose Email Notices bounced back undelivered, the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must 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 shall run the names and addresses through the National Change of Address Registry and update as appropriate. If a Postcard Notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address.
(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. Any member A summary report of the Classes who does not timely and validly request to opt-out notices shall be bound 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 regarding the notices shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(f) The Postcard, Long Form Notice and Email Notice shall be in forms approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1, 2 and 3. The Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection 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 and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Postcard Notice Program provided herein, using the forms of and Email Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which (as applicable) to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location as specified below and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Approval/Notice Order.
50. The Notice also shall include a procedure for members of the Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Periodshall be identified by Defendant, provided the opt-out notice is postmarked no later than the last day pursuant to an analysis of the Opt-Out Period. Requests to opt-out of the Settlement must Defendant’s business records, and Class Member information shall be mailed 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. Any member 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 Classes Long Form Notice.
(c) For those Class Members who does are not timely and validly request current members of Defendant or who have not agreed to opt-out receive electronic notices regarding their accounts from Defendant, the Postcard Notice shall be bound 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 which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notices 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 regarding the notices shall be available to the Parties and the Court upon request. It shall otherwise be 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.
51(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 Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection 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 and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Postcard Notice Program provided herein, using the forms of and Email Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which (as applicable) to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location as specified below and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Approval/Notice Order.
50. The Notice also shall include a procedure for members of the Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Periodshall be identified by Defendant, provided the opt-out notice is postmarked no later than the last day pursuant to an analysis of the Opt-Out Period. Requests to opt-out of the Settlement must Defendant’s business records, and Class Member information shall be mailed transmitted from Defendant to the Settlement Administrator.
(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 Settlement Administrator with the most recent email addresses it has for these Class Members. Any member 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 Classes Long Form Notice.
(c) For those Class Members who does are not timely and validly request current customers of Defendant or who have not agreed to opt-out receive electronic notices regarding their accounts from Defendant, the Postcard Notice shall be bound 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 which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notices 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 regarding the notices shall be available to the Parties and the Court upon request. It shall otherwise be 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.
51(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 Notice also shall include a procedure for Class Members to Parties may by mutual written consent make a written objection 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 and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement (a) The Claims Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 Claims Administrator with the most recent email addresses it has for the Class Members. The Claims Administrator shall email the Notice also 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 include a procedure use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Notice.
(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 Classes Notice shall be mailed to optthese 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-out 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 Settlementreturned 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 each Notice was sent and any Notices that were not delivered by mail and/or email. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day A summary report of the OptNotice 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 Claims Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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-Out Period. Requests substantive changes to opt-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 must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this AgreementFund.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement (a) The Claims Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 Claims Administrator with the most recent email addresses it has for the Class Members. The Claims Administrator shall email the Notice also 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 include a procedure use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Notice.
(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 Classes Notice shall be mailed to optthese 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-out 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 Settlementreturned 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 each Notice was sent and any Notices that were not delivered by mail and/or email. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day A summary report of the OptNotice 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 Claims
(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-Out Period. Requests substantive changes to opt-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 must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this AgreementFund.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49(a) The Claims Administrator shall send the Notice to all Class Members as specified by the Court in the Preliminary Approval/Notice Order and pursuant to the Notice program provided for in this section. As soon as practicable The Claims Administrator shall send the Notice within thirty (30) days after Preliminary Approval entry of the SettlementPreliminary Approval/Notice Order unless the parties mutually agree to a longer period. Not later than the date on which the Notice is sent, at the direction Claims Administrator shall establish the Settlement Website and shall establish a toll-free number for Class Members. The contents of the Settlement Website and the scripts for the messages available on the toll-free number shall be prepared by the Claims Administrator and must be mutually approved by Class Counsel and Defendant’s Counsel.
(b) For those Class Members who (i) are current credit union members of Defendant as of the date when the Preliminary Approval/Notice Order is entered by the Court and (ii) have a then-effective agreement with Defendant to receive account statements and notices regarding their accounts from Defendant via email, Defendant shall provide the Claims Administrator with the most recent email addresses it has for those Class Members. Class Counsel shall not receive access to this email information. The Claims Administrator shall email an Email Notice to each such Class Member’s email address shown as current in Defendant’s records in a manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. If any Email Notices are returned as undeliverable, the Settlement Claims Administrator shall implement use the best publicly available databases to obtain current email address information for those Class Members, update its database with these email addresses, and resend the Email Notice Program provided herein, using to those Class Members.
(c) For those Class Members who (i) are not current credit union members of Defendant as of the forms of date when the Preliminary Approval/Notice approved Order is entered by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order.
50. The Notice also shall include a procedure for members of the Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and,
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Postcard Notice Program provided hereinand Email Notice, using the forms of Notice approved by the Court. The Notice shall includeas applicable, among other information: a description to all members of the material terms of the Settlement; a date by which Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set Classes as specified by the Court in the Preliminary Approval Approval/Notice Order.
50. The Notice also shall include a procedure for Such members of the Classes shall be identified by Defendant, pursuant to opt-out an analysis of the Settlement. Such Class Members may opt-out at any time during the Opt-Out PeriodDefendant’s business records, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must and members’ information shall be mailed transmitted from Defendant to the Settlement Administrator. Any member .
(b) For those members of the Classes who does 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 members. The Settlement Administrator shall send the Email Notice to each such 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 members of the Classes how they may request a copy of the Long Form Notice.
(c) For those members of the Classes who are not timely and validly request current members of Defendant or who have not agreed to opt-out receive electronic notices regarding their accounts from Defendant, the Postcard Notice shall be bound mailed to these 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 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 members of the Classes 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 be available on request made to the Settlement Administrator.
(e) The Settlement Administrator shall complete sending Email Notices and Postcard Notices, including any re-mailed Postcard Notices, no later than 60 days after the entry of the Preliminary Approval/Notice Order.
(f) 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 notices 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 regarding the notices shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(g) The Long Form Notice and Email Notice/Postcard Notice shall be in forms approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection non-substantive changes to the notices 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 Settlement and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement (a) The Claims Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 Claims Administrator with the most recent email addresses it has for the Class Members. The Claims Administrator shall email the Notice also 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 include a procedure use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Notice.
(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 Classes Notice shall be mailed to optthese 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-out 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 Settlementreturned 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 each Notice was sent and any Notices that were not delivered by mail and/or email. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day A summary report of the OptNotice 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 Claims Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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-Out Period. Requests substantive changes to opt-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 must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this AgreementFund.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided hereinsummary notice attached as Exhibit 1, using the forms of Notice approved by the Court. The Notice shall includeas applicable, among other information: a description to all members of the material terms of the Settlement; a date by which APSN Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Sufficient Funds Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Order.
50(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 persons. The Settlement Administrator shall email the summary 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 Settlement Administrator shall mail Notice also as set forth in the following subsection.
(c) For those Class Members who are not current customers of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, or who were emailed Notice that was returned as undeliverable, the summary notice shall include 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 procedure for members mailed summary notice is returned with forwarding address information, the Settlement Administrator shall re-mail the Notice to the forwarding address. For all mailed summary 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 summary notice to the address identified in the skip trace, as soon as reasonably practicable after the receipt of the Classes returned mail.
(d) The long-form notice, attached as Exhibit 2, shall be posted on a settlement website created by the Settlement Administrator.
(e) The Settlement Administrator shall maintain a database showing mail and email addresses to opt-out which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the SettlementNotices shall be provided to the parties at least five (5) days prior to the deadline to file the Motion for Final Approval. Such The database maintained by the Settlement Administrator regarding the Notices shall be available to the parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party. To the extent the database is provided to Class Members 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 form attached hereto as Exhibit 1. The parties may optby mutual written consent make non-out at any time during substantive changes to the Opt-Out PeriodNotice 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 opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-Settlement Administrator’s fees and costs, shall be paid out of the Settlement must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this AgreementFund.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement (a) The Claims Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(b) For those Class Members who are current customers of Glens Falls or Saratoga and have agreed to receive notices regarding their accounts, Defendants shall provide the Claims Administrator with the most recent email addresses they have for these Class Members. The Claims 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 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 by email and mailed to Class Members at their last known address. The Notice also shall include inform Class Members how they may request a procedure for members copy of the Classes to opt-out of the Settlement. Such Long Form Notice.
(c) For those Class Members may opt-out at any time during who are not current customers of Glens Falls or Saratoga or who have not agreed to receive electronic notices regarding their accounts, the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must Notice shall be mailed to these Class Members by first class United States mail to the Settlement Administratorbest available mailing addresses using postcard notice. Any member Defendants 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 Classes who does 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 each Notice was sent and any Notices that were not timely and validly request to opt-out delivered by mail and/or email. A summary report of the Notice shall be bound 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 Claims Administrator regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(f) The Notice shall be in a form approved by the Court and, substantially similar to the notice form attached hereto as Exhibit 2. The Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection non-substantive changes to the Settlement and/or to Class CounselNotice 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 application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Potential Settlement Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(b) For those Potential Settlement 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 those Potential Settlement Class Members. The Settlement Administrator shall email an Email Notice also (Exhibit 1) to each such Potential 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 include use the best available databases to obtain current email address information for Potential Settlement Class Members, update its database with those email addresses, and resend the Notice. The Email Notice shall inform Potential Settlement Class Members how they may request a procedure for copy of the Long Form Notice (Exhibit 3).
(c) For those Potential Settlement Class Members who are not current members of Defendant or who have not agreed to receive notices regarding their accounts from Defendant electronically, or for Potential Settlement Class Members who are sent emails referenced in Paragraph 5(b) but such emails are returned undeliverable and the Classes Settlement Administrator is unable to optidentify an updated email address by the means prescribed in Paragraph 5(b), the Settlement Administrator will mail a Postcard Notice (Exhibit 2) by first class United States mail to the best mailing addresses available in Defendant’s records. Defendant shall provide the Settlement Administrator with last known mailing addresses for those Potential 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 Notice is returned with forwarding address information, the Settlement Administrator shall re-out 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 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 Settlementreturned mail. Such The Postcard Notice shall inform Potential Settlement Class Members how they may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day request a copy of the OptLong Form Notice (Exhibit 3).
(d) 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 regarding the Notice shall be available to the Parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party without a court order.
(e) The Notices shall be in a form approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1-Out Period3. Requests The Parties may by mutual written consent make non-substantive changes to opt-the Notices without Court approval.
(f) The Settlement Administrator shall also maintain a dedicated website for providing information to Potential Settlement Class Members, including access to the Long Form Notice. Defendant’s written approval of the domain name of the website is required prior to the Settlement Administrator creating the website.
(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 must be mailed to the Settlement Administrator. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this AgreementFund.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must be mailed to the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50. The Notice also (b) For those Class Members who are current customers of Defendant and have enrolled in online banking services with Defendant, Defendant shall include a procedure provide the Settlement Administrator with the most recent email addresses it has for members these Class Members, even if these customers did not expressly consent to electronic delivery of the Classes Email Notice to opt-out be sent under this Agreement. Defendant’s provision of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be mailed Member email addresses to the Settlement Administrator, and the Settlement Administrator’s Email Notice to be sent to such Class Members, are specifically subject to the Court issuing an order requiring such notice as the “best notice practicable under the circumstances” pursuant to Washington Superior Court Civil Rule 23. Any member 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 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. Further, the Settlement Administrator will also send the Postcard Notice by United States mail to the last known mailing address of all Class Members who were sent notice by email but the email was returned as undeliverable.
(c) For those Class Members who are not current customers of Defendant, or are current customers of Defendant who have not enrolled in online banking services, or are Class Members who were sent an Email Notice but such emails were returned undeliverable, the Postcard Notice shall be mailed to these Class Members by first class United States mail to their last known mailing addresses. Defendant shall provide the Settlement Administrator with the 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 Classes who does not timely and validly request to opt-out returned mail.
(d) The Long Form Notice shall be bound 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 which each Notice was sent and any Notices that were not delivered by mail and/or email. The Settlement Administrator shall provide the Parties with a weekly report of the Notice. A summary DocuSign Envelope ID: 3E7576E2-A6AC-487B-811E-18DD10609314 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 regarding the Notice shall be available to the Parties and the Court upon request. It shall otherwise be 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.
51(f) 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 Notice also shall include a procedure for Class Members to Parties may by mutual written consent make a written objection 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 and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved to all Class Members by the Court. The Notice shall includeDissemination Deadline, among other information: a description of the material terms of the Settlement; a date by which Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as otherwise specified by the Court in the Preliminary Approval Approval/Notice Order. Defendant shall provide the Settlement Administrator the class member list in sufficient time so that the Settlement Administrator can meet the Notice Dissemination Deadline.
50(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 also 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 include use the best available databases to obtain current email address information for class members, update its database with these emails, and resend the Notice. The Email Notice shall inform Class Members how they may request a procedure for copy of the 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 Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must 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 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 Notice shall also be posted on a 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. Any member A summary report of the Classes who does not timely and validly request to opt-out Notice shall be bound 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 regarding the Notice shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(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 Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection 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 and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Email Notice Program provided hereinand Long Form Notice, using the forms of Notice approved by the Court. The Notice shall includeas applicable, among other information: a description of the material terms of the Settlement; a date by which to all Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(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 the Email Notice also 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 include 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 procedure for 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 Classes to opt-out of the Settlement. Such Class Members may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must Long 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 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 Long Form Notice to the forwarding address. For all mailed Long Form 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 Long Form 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. Any member A summary report of the Classes who does not timely and validly request to opt-out notices shall be bound 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 regarding the notices shall be available to the parties and the Court upon request. It shall otherwise be 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.
51(f) The Long Form Notice and Email Notice shall be in forms approved by the Court and, substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Notice also shall include a procedure for Class Members to parties may by mutual written consent make a written objection 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 and/or to Class CounselAdministrator’s application for attorneys’ fees and costs and/or Service Award for the Class Representative. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must shall be mailed to paid out of the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
NOTICE TO THE CLASSES. 49. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the (a) The Settlement Administrator shall implement send the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a date by which to all Settlement Class Members may exclude themselves from or “opt-out” of the Settlement; a date by which Class Members may object to the Settlement; the location and date of the Final Approval Hearing; and the address of the Settlement Website at which Class Members may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set members as specified by the Court in the Preliminary Approval Approval/Notice Order.
50(b) For those Settlement Class members who are current customers 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 those Settlement Class members. The Settlement Administrator shall email an CORE/0012516.1241/J60771506.4 Email Notice also (Exhibit 1) 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 include use the best available databases to obtain current email address information for Settlement Class members, update its database with these emails, and resend the Notice. The Email Notice shall inform Settlement Class members how they may request a procedure for members copy of the Classes Long Form Notice (Exhibit 3).
(c) For those Settlement Class members who are not current customers of Defendant or who have not agreed to optreceive notices regarding their accounts from Defendant electronically, or for Settlement Class members who receive emails referenced in Paragraph 5(b) but such emails are returned undeliverable, a Postcard Notice (Exhibit 2) shall be mailed by first class United States mail to the best mailing addresses available in Defendant's records. Defendant shall provide the Settlement Administrator with last known mailing addresses for those 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 Notice is returned with forwarding address information, the Settlement Administrator shall re-out 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 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 Settlementreturned mail. Such The Postcard Notice shall inform Settlement Class Members members how they may opt-out at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day request a copy of the Opt-Out PeriodLong Form Notice (Exhibit 3).
(d) 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. Requests to opt-out 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 must Administrator regarding the Notice shall be mailed available to the parties and the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party without a court order.
(e) The Notices 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 Notices without Court approval.
(f) The Settlement Administrator shall also maintain a Settlement website providing important information to Settlement Class members, including access to the Long Form Notice.
(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. Any member of the Classes who does not timely and validly request to opt-out shall be bound by the terms of this Agreement.
51. The Notice also shall include a procedure for Class Members to make a written objection to the Settlement and/or to Class Counsel’s application for attorneys’ 's fees and costs and/or Service Award for the Class Representativeshall be paid by Defendant, up to a total amount of $30,000.00. Written objections to the Settlement, to the application for fees and costs, and/or to the Service Awards must Any costs in excess of $30,000.00 shall be mailed to paid from the Settlement Administrator and not filed with the Court. For a written objection to be considered by the Court, the objection must be submitted no later than the last day of the Opt-Out Period, as specified in the Notice. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping labelFund.
52. Written objections should include the following:
a. the name of the Action;
b. the objector’s full name, address, and telephone number;
c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
d. a statement confirming whether the objector or any counsel for the objector intends to personally appear and/or testify at the Final Approval Hearing; and
Appears in 1 contract
Samples: Settlement Agreement
