Common use of NOTICE TO THE SETTLEMENT CLASS Clause in Contracts

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen (14) days after entry of the Preliminary Approval Order, Xxxxxxxxxx shall provide Plaintiffs’ counsel and the Settlement Administrator the Class Member List in an electronic format. As soon as practicable, but starting no later than thirty (30) days after the date that the Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Email Notice to be sent to all Class Members for whom the Class Member List includes an email address, provided that the Preliminary Approval Order prescribes Class Notice by email. Xxxxxxxxxx makes no representations as to the accuracy of any emails included in the Class Member List. As soon as practicable, but starting no later than thirty (30) days after the date that Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Postcard Notice to be sent to all Class Members for whom no email address appears on the Class Member List. Prior to mailing Class Notice, the Settlement Administrator will update the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Notice to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known addresses through the National Change of Address database. If the Postcard Notice is returned with a forwarding address, the Settlement Administrator shall make one attempt to remail the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail the Postcard Notice to the updated address, as soon as possible before the Response Deadline. The Settlement Administrator shall mail or email the Long Form Notice to any Class member who requests a copy. Prior to the date on which the Settlement Administrator mails the Postcard Notice, the Settlement Administrator shall establish the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall be included in the Class Notice and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715).

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen The Parties have presented to the Court a proposed form of Class Notice, attached hereto as Exhibit A, and a Summary Notice, attached hereto as Exhibit B. The Court finds that both such forms of notice fairly and adequately: (14a) days after entry describe the terms and effects of the Preliminary Approval OrderAmended Settlement Stipulation, Xxxxxxxxxx shall provide Plaintiffs’ counsel the Settlement, and the Plan of Allocation; (b) notify the Settlement Administrator Class that Class Counsel will seek attorneys’ fees and reimbursement of expenses to be paid from the Qualified Settlement Fund, payment of the costs of administering the Settlement from the Qualified Settlement Fund, and for a Case Contribution Award of up to $10,000 each for the Named Plaintiffs for their services in such capacity to be paid from the Qualified Settlement Fund; (c) give notice to the Settlement Class of the time and place of the Fairness Hearing; and (d) describe how the recipients of the Class Member List in an electronic formatNotice may object to any of the relief requested. As soon as practicableThe Parties have proposed the following manner of communicating the Class Notice to members of the Settlement Class, but starting and the Court finds that such proposed manner is the best notice practicable under the circumstances. Accordingly, the Court directs that Class Counsel shall:  By no later than [thirty (30) calendar days after the date that the Xxxxxxxxxx provides following entry of this Order or May 14, 2021, whichever is earlier], cause the Class Member List Notice, with such non-substantive modifications thereto as may be agreed upon by the Parties, to be provided by first-class mail, postage prepaid, to the last known address of each Settlement Administrator, the Settlement Administrator shall cause the Email Notice to Class member who can be sent to all Class Members for whom the Class Member List includes an email address, provided that the Preliminary Approval Order prescribes Class Notice by emailidentified through reasonable effort. Xxxxxxxxxx makes no representations as to the accuracy of any emails included in the Class Member List. As soon as practicable, but starting  By no later than [thirty (30) calendar days after the date that Xxxxxxxxxx provides following entry of this Order or May 14, 2021, whichever is earlier], cause the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Postcard Notice to be sent to all Class Members for whom no email address appears published on the Class Member List. Prior to mailing website identified in the Class Notice, the Settlement Administrator which will update the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Notice to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known addresses through the National Change of Address database. If the Postcard Notice is returned with a forwarding address, the Settlement Administrator shall make one attempt to remail the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address host and make one attempt to remail available copies of all Settlement-related documents, including the Postcard Notice to the updated address, as soon as possible before the Response Deadline. The Amended Settlement Administrator shall mail or email the Long Form Notice to any Class member who requests a copy. Prior to the date on which the Settlement Administrator mails the Postcard Notice, the Settlement Administrator shall establish the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement AdministratorStipulation, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) litigation-related documents, including the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereofComplaint. The Settlement Website shall remain accessible until  By no later than [thirty (30) calendar days after following entry of this Order or May 14, 2021, whichever is earlier], cause the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall Summary Notice to be included published in the Class Notice USA Today and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715)PR Newswire.

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen (14a) days after entry of The Settlement Administrator shall send the Notice to all Settlement Class members as specified by the Court in the Preliminary Approval Approval/Notice Order. (b) To facilitate the delivery of Notice, Xxxxxxxxxx Defendant shall provide Plaintiffs’ counsel and to the Settlement Administrator the a complete list of Settlement Class Member List in an electronic format. As soon as practicableMembers, but starting no later than thirty including address information and number of Retry NSF Fees. (30c) days after the date that the Xxxxxxxxxx provides the Class Member List A Postcard Notice (Exhibit 1) shall be mailed by first class United States mail to the last mailing addresses available in Defendant’s records for each Settlement Administrator, Class Member. Defendant shall provide the Settlement Administrator shall cause the Email Notice to be sent to all with last known mailing addresses for those Settlement Class Members for whom the Class Member List includes an email address, provided that the Preliminary Approval Order prescribes Class Notice by emailmembers. Xxxxxxxxxx makes no representations as to the accuracy of any emails included in the Class Member List. As soon as practicable, but starting no later than thirty (30) days after the date that Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, the The Settlement Administrator shall cause run the Postcard Notice to be sent to all Class Members for whom no email address appears on the Class Member List. Prior to mailing Class Notice, the Settlement Administrator will update the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Notice to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known names and addresses through the National Change of Address databaseRegistry and update as appropriate. If the Postcard 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 make one attempt to remail re-mail the Postcard Notice to that forwarding addressthe address identified in the skip trace, as soon as possible before reasonably practicable after the Response Deadlinereceipt of the returned mail. If the The Postcard Notice is returned undeliverable without shall inform Settlement Class members how they may request a forwarding address, copy of the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail the Postcard Long Form Notice to the updated address, as soon as possible before the Response Deadline. (Exhibit 2). (d) The Settlement Administrator shall maintain a database showing mail or email addresses to which each Notice was sent and any Notices that were not delivered by mail. A summary report of the Long Form Notice to any Class member who requests a copy. Prior shall be provided to the date on which Parties at least five (5) days prior to the deadline to file the Motion for Final Approval. The database maintained by the Settlement Administrator mails regarding the Postcard NoticeNotice 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 Settlement Administrator shall establish the Settlement Websitenotice forms attached hereto as Exhibits 1-2. The Settlement website shall contain:parties may by mutual written consent make non-substantive changes to the Notices without Court approval. (1f) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish maintain a 24-hour toll-free telephone line Settlement website providing important information to Settlement Class members, including access to the Long Form Notice. (g) All reasonable costs associated with information about frequently asked questions about publishing, mailing, and administering the Settlement. The number Notice as provided for in this section, and all reasonable costs of administration including, but not limited to, the Settlement Administrator’s fees and costs shall be included in the Class Notice paid by Defendant, separate and posted on apart from the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715)Fund.

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen 7.1 Within ten (1410) calendar days after entry of the Preliminary Approval Order, Xxxxxxxxxx Defendant shall provide Plaintiffs’ counsel to the Claims Administrator a list of all Proposed Class Members, including last known address and telephone number, social security number and employee ID number. Defendant agrees to provide this information in a format reasonably acceptable to the Settlement Claims Administrator. The Claims Administrator will maintain this list in the strictest confidence and not disclose any information contained hi the list to the Class Member List Representatives or Class Counsel or to any other individual or entity, except for the purpose of locating any individual for whom a Notice is returned as undeliverable. 7.2 A Notice of Class Action Settlement (the "Notice") in an electronic format. As soon substantively the form attached hereto as practicableExhibit B, but starting no later than thirty and as approved by the Court, shall be sent by the Claims Administrator to Proposed Class Members, by first class mail, within fourteen (3014) calendar days after from the date that the Xxxxxxxxxx Defendant provides the list of all Proposed Class Member List Members described in Paragraph 7.1. Attached to the Notice of Class Action Settlement Administratorwill be a Claim Form, in substantively the form attached hereto as Exhibit C, and as approved by the Court. If envelopes from the mailing of the Notice are returned with forwarding addresses, the Claims Administrator will re-mail the Notice of Class Action Settlement Administrator shall cause and the Email Notice to be sent to all Class Members for whom the Class Member List includes an email address, provided that the Preliminary Approval Order prescribes Class Notice by email. Xxxxxxxxxx makes no representations as Claim Form to the accuracy of any emails included in new address within three (3) business days. 7.3 Class Counsel shall provide the Class Member List. As soon as practicableCourt, but starting no later than thirty at least five (305) calendar days after the date that Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Postcard Notice to be sent to all Class Members for whom no email address appears on the Class Member List. Prior to mailing Class Notice, the Settlement Administrator will update the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response Deadlinefinal fairness hearing, a declaration by the Claims Administrator of due diligence and proof of mailing with regard to the mailing of the Notice of Class Action Settlement and Claim Form to Proposed Class Members. In the event that a Notice of Class Action Settlement and Claim Form is returned to the Claims Administrator by the United States Postal Service because the address of the recipient is no longer valid, i.e., the Settlement envelope is marked "Return to Sender," the Claims Administrator shall also cause perform a standard skip trace in an effort to attempt to ascertain the Postcard Notice to be sent to all current address of the particular Proposed Class Members whose Email Notices are returned undeliverableMember in question and, after running those Class Members’ last known addresses through the National Change of Address database. If the Postcard Notice if such an address is returned with a forwarding addressascertained, the Settlement Claims Administrator shall make one attempt to remail will re-send the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail the Postcard Notice to the updated address, as soon as possible before the Response Deadline. The Settlement Administrator shall mail or email the Long Form Notice to any Class member who requests a copy. Prior to the date on which the Settlement Administrator mails the Postcard Notice, the Settlement Administrator shall establish the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; within three (3) a contact information page with contact information business days of receiving the newly ascertained address; if no updated address is obtained for that Proposed Class Member, the Notice of Class Action Settlement and Claim Form shall be sent again to the Proposed Class Member's last known address. In either event, the Notice of Class Action Settlement and Claim Form shall be deemed received once it is mailed for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. second time. 7.4 The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Claims Administrator shall also establish provide to Counsel for RG&E and Class Counsel, at least ten (10) calendar days prior to the final fairness hearing, a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall be included in the list of Settlement Class Notice Members to whom notices were returned as undeliverable and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided for whom efforts to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715)obtain an alternative address failed.

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen (14) days after entry of the Preliminary Approval Order, Xxxxxxxxxx Defendant shall provide Plaintiffs’ counsel Class Counsel and the Settlement Administrator the Settlement Class Member List in an electronic format. As soon as practicable, but starting no later than thirty (30) days after the date that the Xxxxxxxxxx Defendant provides the Settlement Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Email Notice to be sent to all Settlement Class Members for whom the Settlement Class Member List includes an email address, provided that the Preliminary Approval Order prescribes Class Notice by email. Xxxxxxxxxx Defendant makes no representations as to the accuracy of any emails included in the Settlement Class Member List. As soon as practicable, but starting no later than thirty (30) days after the date that Xxxxxxxxxx the Defendant provides the Settlement Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Postcard Notice to be sent to all Settlement Class Members for whom no email address appears on the Settlement Class Member List. Prior to mailing Class Notice, the Settlement Administrator will update the last known addresses of the members of the Settlement Class using the National Change of Address database. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Notice to be sent to all Settlement Class Members whose Email Notices are returned undeliverable, after running those Settlement Class Members’ last known addresses through the National Change of Address database. If the Postcard Notice is returned with a forwarding address, the Settlement Administrator shall make one attempt to remail re-mail the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail re-mail the Postcard Notice to the updated address, as soon as possible before the Response Deadline. The Settlement Administrator shall mail or email the Long Form Notice to any Settlement Class member who requests a copy. Prior to the date on which the Settlement Administrator mails the Postcard Notice, the Settlement Administrator shall establish the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints complaint in each of the ActionsAction; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall be included in the Class Notice and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715).

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen (14a) days after entry of The Settlement Administrator shall send the Email Notice and Postcard Notice, as applicable, to all Class Members as specified by the Court in the Preliminary Approval Order. (b) For those Class Members who are current customers of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Xxxxxxxxxx Defendant shall provide Plaintiffs’ counsel and the Settlement Administrator with the most recent email addresses it has for these Class Member List Members. The Settlement Administrator shall email the Email Notice to each such Class Member’s last known email address, in an electronic formata manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. As soon as practicable, but starting no later than thirty (30) days after the date For any emails that the Xxxxxxxxxx provides the Class Member List to the Settlement Administratorare returned undeliverable, the Settlement Administrator shall cause 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 to be sent to all shall inform Class Members for whom how they may request a copy of the Long Form Notice. (c) For those Class Member List includes an email addressMembers who are not current customers of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, provided that the Preliminary Approval Order prescribes Postcard Notice shall be mailed to these Class Notice Members by email. Xxxxxxxxxx makes no representations as first class United States mail to the accuracy of any emails included in the Class Member Listbest available mailing addresses. As soon as practicable, but starting no later than thirty (30) days after the date that Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, Defendant shall provide the Settlement Administrator shall cause the Postcard Notice to be sent to all with last known mailing addresses for these Class Members for whom no email address appears on the Class Member ListMembers. Prior to mailing Class Notice, the The Settlement Administrator will update run the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Notice to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known names and addresses through the National Change of Address databaseRegistry and update as appropriate. If the Postcard a mailed 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 make one attempt to remail the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail re-mail the Postcard Notice to the updated addressaddress identified in the skip trace, as soon as possible before reasonably practicable after the Response Deadline. receipt of the returned mail. (d) The Settlement Administrator shall maintain a database showing mail or 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. (e) The Long Form Notice shall be available for review or download on the Settlement Website and available to any be sent to Class member who requests a copy. Prior Members by mail, upon request to the date on which Settlement Administrator. (f) The Email Notice, Postcard Notice and Long Form Notice shall be in forms approved by the Settlement Administrator mails Court and, substantially similar to the Postcard Noticenotice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the notices without Court approval. (g) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator Administrator’s fees and costs shall establish be paid out of the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall be included in the Class Notice and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715)Fund.

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen 4.1 The Claims Administrator shall be responsible for implementing the Notice Plan. As a condition of its retention, the Claims Administrator must agree that (14a) days after entry it will fulfill all responsibilities and duties assigned to the Claims Administrator under the terms of this Agreement, and (b) Plaintiffs, Class Counsel, Defendant, and the Released Persons reserve all claims and rights for any failure by the Claims Administrator to fulfill its responsibilities and duties. (a) The Claims Administrator shall send the Short Form Notice, attached hereto as Exhibit A-1, and Claim Form, attached hereto as Exhibit A-3, via first-class mail to the last-known mailing address of all persons who purchased the G2x Phone and for whom LGEMU or T-Mobile has contact information. Such notice shall disclose the existence and nature of the Preliminary Approval Order, Xxxxxxxxxx shall provide Plaintiffs’ counsel Litigation and the proposed Settlement, shall inform Settlement Administrator Class Members of the procedures and deadlines for filing Objections, expressions of intent to appear at the Final Approval Hearing or to request exclusion as set forth therein, the effect of the Settlement, and the date of a hearing on whether the Settlement should be granted final approval and whether any fee application of Class Member List in an electronic format. As soon as practicable, but starting no Counsel should be granted. (b) No later than thirty (30) days after the execution of this Agreement, LGEMU and T-Mobile shall provide, to the extent available, to the Claims Administrator in computer readable format the names and mailing addresses contained in LGEMU’s and T-Mobile’s databases. The Claims Administrator shall update all mailing addresses, both for any initial mailing and for returned undelivered mail received by the Claims Administrator, using all reasonably available national databases so as to ensure the most accurate mailing addresses are used for disseminating notice to persons who may be Settlement Class Members. Initial mailing of the Short Form Notice and Claim Form shall be completed not more than fourteen (14) days after the Preliminary Approval Order is entered by the Court. (c) For a period commencing from no later than the mailing of the Notice and ending ninety (90) days after the last date any payments are mailed to Settlement Class Members, unless otherwise agreed or ordered, the Claims Administrator shall maintain a separate website dedicated to this Settlement. The website shall be accessible by mobile devices, contain downloadable copies of the Long Form and Short Form Notices, Settlement Agreement, Claim Form, and a list of Frequently Asked Questions. The settlement website shall also include a section that permits Settlement Class Members to electronically submit a Claim Form to the Xxxxxxxxxx provides the Claims Administrator. The Long Form Notice will also be available in Spanish for download. Class Member List Counsel may post a link to the Settlement Administrator’s website on Class Counsel’s own websites. (d) The Claims Administrator also shall arrange to establish a toll-free telephone number for the purposes of the Claims Administrator responding to Settlement Class Member inquiries regarding the Settlement. The Claims Administrator shall provide a copy of the Long Form Notice and Claim Form to any Settlement Class Member who telephonically requests the Notice and Claim Form. 4.3 Within ten (10) days after filing the Settlement Agreement with the Court, the Settlement Claims Administrator shall cause serve upon the Email Notice to be sent to appropriate official in each State of the United States, and the appropriate Federal official, a notice of the proposed Settlement consisting of all Class Members for whom of the materials required by the Class Member List includes an email addressAction Fairness Act, 28 U.S.C. § 1715. LGEMU will ensure all the materials needed to comply with this requirement are provided to the Claims Administrator sufficiently in advance of this deadline so that the Preliminary Approval Order prescribes Class Notice by email. Xxxxxxxxxx makes no representations as to the accuracy of any emails included in the Class Member List. As soon as practicable, but starting no Claims Administrator can comply with this requirement. 4.4 No later than thirty (30) days after the date that Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Postcard Notice to be sent to all Class Members for whom no email address appears on the Class Member List. Prior to mailing Class Notice, the Settlement Administrator will update the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response DeadlineFinal Approval Hearing, and additionally as needed, the Settlement Claims Administrator shall also cause the Postcard Notice provide declarations to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known addresses through the National Change of Address database. If the Postcard Notice is returned with a forwarding address, the Settlement Administrator shall make one attempt to remail the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail the Postcard Notice to the updated address, as soon as possible before the Response Deadline. The Settlement Administrator shall mail or email the Long Form Notice to any Class member who requests a copy. Prior to the date on which the Settlement Administrator mails the Postcard Notice, the Settlement Administrator shall establish the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) Defendant for filing with the Settlement Agreement; (5) Court confirming the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) Claims Administrator has complied with the operative complaints in each provisions of the Actions; and (6) when they become availablethis Section. The Claims Administrator, the Fee and Service Award Application, the motion for entry of both on a weekly basis until the Final Approval OrderHearing and upon request, shall provide to Class Counsel and Defense Counsel information and data concerning the number of requests for exclusion received, the number of Claim Forms submitted, the amount of each claim and related claims information, such that Class Counsel and Defendant’s counsel may inspect and monitor the claims process. 4.5 The Parties shall agree on language announcing the settlement and to respond to any motion papers inquiries from the press. Nothing in this paragraph shall be deemed to prevent Class Counsel from communicating with Plaintiffs and declarations filed publicly potential Settlement Class Members or their counsel, or any appropriate State or Federal public officials and discussing the nature, benefits and reasons for this Settlement with them. 4.6 Defendant will pay all Notice and Claims Administration Expenses incurred in support thereof. The Settlement Website shall remain accessible until thirty (30) days after effectuating the Settlement Administrator has completed its obligations under Settlement, including but not limited to all costs for first-class mailed notice to all persons who purchased a G2x Phone as set forth above and for operating and maintaining the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour settlement website and toll-free telephone line with information about frequently asked questions about the Settlementnumber as set forth in this Section. The number Defendant shall be included in the Class timely pay all invoices for Notice and posted on Claims Administration Expenses received from the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715)Claims Administrator.

NOTICE TO THE SETTLEMENT CLASS. Xxxxxxx and Xxxxxxxx represent that neither they nor their agents have information sufficient to identify and provide mail or email notice to all Settlement Class Members, though they will assist by providing information available to them as follows. No later than fourteen (14) 7 days after entry of the Preliminary Approval Order, Xxxxxxxxxx Bedford and Victoria shall provide Plaintiffs’ counsel Class Counsel and the Settlement Administrator the Class Member List in an electronic format. As soon as practicable, but starting no later than thirty (30) 14 days after the date that the Xxxxxxxxxx provides Bedford and Xxxxxxxx provide the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Email Notice to be sent to all Class Members for whom the Class Member List includes an email address, provided that the Preliminary Approval Order prescribes Class Notice by email. Xxxxxxxxxx makes Bedford and Xxxxxxxx make no representations as to the accuracy of any emails email addresses included in the Class Member List. As soon as practicable, but starting no later than thirty (30) 14 days after the date that Xxxxxxxxxx provides Bedford and Xxxxxxxx provide the Class Member List to the Settlement Administrator, the Settlement Administrator shall cause the Postcard Mail Notice to be sent to all Class Members for whom no email address appears on the Class Member List. Prior to mailing Class Notice, the Settlement Administrator will update the last known addresses of the members of the Class using the “National Change of Address databaseAddress” database maintained by the United States Postal Service. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Mail Notice to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known addresses through the “National Change of Address Address” database. If the Postcard Mail Notice is returned with a forwarding address, the Settlement Administrator shall make one 1 attempt to remail the Postcard Mail Notice to that forwarding address, as soon as reasonably possible before the Response Deadline. If the Postcard Mail Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one 1 attempt to remail the Postcard Mail Notice to the updated address, as soon as possible before the Response Deadline. As soon as practicable, but starting no later than 14 days after the date that Bedford and Victoria provide the Class Member List to the Settlement Administrator, the Settlement Administrator shall arrange for El Tiempo Latino and Hyattsville Life and Times to publish the Publication Notice in a full-page advertisement reprinted in full weekly for a period of 4 consecutive weeks. The content and layout of the advertisement shall be as attached in Exhibit 5 for El Tiempo Latino and Exhibit 6 for Hyattsville Life and Times (the “Publication Notice”). The Publication Notice will include a QR or other code that can be scanned and will direct persons to the Settlement Website and Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes. The Settlement Administrator shall mail or email the Long Form Notice to any Class member Member who requests a copy. Prior to the date on which the Settlement Administrator mails the Postcard Mail Notice, the Settlement Administrator shall establish the Settlement Website. The Settlement website Website shall contain: : (1) the Long Claim Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in downloadable PDF format in both English and Spanish; (3) the Notice in HTML format with a clickable table of contents, described as answers to frequently asked questionsquestions in both English and Spanish; (34) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and CarringtonBedford’s Counseland Victoria’s Counsel in both English and Spanish; (45) the Settlement Agreement; (56) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall be included in the Class Notice and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715).;

NOTICE TO THE SETTLEMENT CLASS. No later than fourteen (14a) days after entry of The Settlement Administrator shall send the Email Notice and Postcard Notice, as applicable, to all Class Members as specified by the Court in the Preliminary Approval Approval/Notice Order. (b) For those Class Members who are current members of Defendant and have agreed to receive notices regarding their accounts from Defendant electronically, Xxxxxxxxxx Defendant shall provide Plaintiffs’ counsel and the Settlement Administrator with the most recent email addresses it has for these Class Member List Members. The Settlement Administrator shall email the Email Notice to each such Class Member’s last known email address, in an electronic formata manner that is calculated to avoid being caught and excluded by spam filters or other devices intended to block mass email. As soon as practicable, but starting no later than thirty (30) days after the date For any emails that the Xxxxxxxxxx provides the Class Member List to the Settlement Administratorare returned undeliverable, the Settlement Administrator shall cause 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 to be sent to all shall inform Class Members for whom how they may request a copy of the Long Form Notice. (c) For those Class Member List includes an email addressMembers who are not current members of Defendant or who have not agreed to receive electronic notices regarding their accounts from Defendant, provided that the Preliminary Approval Order prescribes Postcard Notice shall be mailed to these Class Notice Members by email. Xxxxxxxxxx makes no representations as first class United States mail to the accuracy of any emails included in the Class Member Listbest available mailing addresses. As soon as practicable, but starting no later than thirty (30) days after the date that Xxxxxxxxxx provides the Class Member List to the Settlement Administrator, Defendant shall provide the Settlement Administrator shall cause the Postcard Notice to be sent to all with last known mailing addresses for these Class Members for whom no email address appears on the Class Member ListMembers. Prior to mailing Class Notice, the The Settlement Administrator will update run the last known addresses of the members of the Class using the National Change of Address database. Within a reasonable time prior to the Response Deadline, the Settlement Administrator shall also cause the Postcard Notice to be sent to all Class Members whose Email Notices are returned undeliverable, after running those Class Members’ last known names and addresses through the National Change of Address databaseRegistry and update as appropriate. If the Postcard a mailed 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 make one attempt to remail the Postcard Notice to that forwarding address, as soon as possible before the Response Deadline. If the Postcard Notice is returned undeliverable without a forwarding address, the Settlement Administrator shall make a reasonable attempt to locate an updated address and make one attempt to remail re-mail the Postcard Notice to the updated addressaddress identified in the skip trace, as soon as possible before reasonably practicable after the Response Deadline. receipt of the returned mail. (d) The Settlement Administrator shall maintain a database showing mail or 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. (e) The Long Form Notice shall be available for review or download on the Settlement Website and available to any be sent to Class member who requests a copy. Prior Members by mail, upon request to the date on which Settlement Administrator. (f) The Email Notice, Postcard Notice and Long Form Notice shall be in forms approved by the Settlement Administrator mails Court and, substantially similar to the Postcard Noticenotice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the notices without Court approval. (g) All costs associated with publishing, mailing and administering the Notice as provided for in this Section, and all costs of administration including, but not limited to, the Settlement Administrator Administrator’s fees and costs shall establish be paid out of the Settlement Website. The Settlement website shall contain: (1) the Long Form Notice in downloadable PDF format in both English and Spanish; (2) the Long Form Notice in HTML format with a clickable table of contents, described as answers to frequently asked questions; (3) a contact information page with contact information for the Settlement Administrator, and addresses and telephone numbers for Class Counsel and Carrington’s Counsel; (4) the Settlement Agreement; (5) the signed Preliminary Approval Order and publicly filed motion papers and declarations in support thereof; (6) the operative complaints in each of the Actions; and (6) when they become available, the Fee and Service Award Application, the motion for entry of the Final Approval Order, and any motion papers and declarations filed publicly in support thereof. The Settlement Website shall remain accessible until thirty (30) days after the Settlement Administrator has completed its obligations under the Settlement Agreement. The Settlement Administrator shall also establish a 24-hour toll-free telephone line with information about frequently asked questions about the Settlement. The number shall be included in the Class Notice and posted on the Settlement Website. The Settlement Administrator shall ensure that timely notice is provided to any state and federal officials as required by the Class Action Fairness Act (28 U.S.C. § 1715)Fund.