Payment to Settlement Class Members. (a) Defendant shall cause to be paid into the Escrow Account the amount of the Settlement Fund ($3,742,637.14 USD), specified in paragraph 1.39 of this Agreement, within forty-five (45) days after Preliminary Approval. Once Defendant makes its payment to the Escrow Fund, all risk of loss shall pass to the Escrow Fund.
(b) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form for approval by the Settlement Administrator as an Approved Claim. Each
(c) The Settlement Administrator will be responsible for reviewing all claims to determine their validity. The Settlement Administrator will reject any claim that does not comply in any material respect with the instructions on the Claim Form or the terms of paragraphs 1.3 and 1.4, above, or is submitted after the Claims Deadline. Defendant has the right to audit the claims process for evidence of fraud or error; provided, however, that the Settlement Administrator or the Court shall be the final arbiter of a claim’s validity.
(d) Each claimant who submits an invalid Claim Form to the Settlement Administrator must be given a notice of the Claim Form’s deficiency and an opportunity to cure the deficiency within 21 days of the date of the notice.
(e) All cash payments issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within one hundred and eighty (180) days after the date of issuance. If a check issued to a Settlement Class Member is not cashed within one hundred and eighty (180) days after the date of issuance, such funds shall revert to the Legal Aid Association of California, a non-sectarian, not-for-profit organization that principally operates in California, or another non-sectarian, not-for-profit organization(s) recommended by Class Counsel and Defendant, and as approved by the Court.
Payment to Settlement Class Members. 4.3.1 Each Identifiable Settlement Class Member who does not opt out of the Settlement as set forth in Paragraph 9.4 and for whom all mailed notices are not returned as undeliverable shall automatically receive a payment.
4.3.2 Each Identifiable Settlement Class Member for whom all mailed notices are returned as undeliverable and Unidentifiable Settlement Class Member shall be entitled to submit one claim per telephone number he or she used or subscribed to for a payment. Adequate and customary procedures and standards will be used by the Settlement Administrator to prevent the payment of fraudulent claims and to pay only legitimate claims, including, but not limited to, verifying claims with information provided by Defendants where feasible.
4.3.3 Each Identifiable Settlement Class Members who does not opt out of the Settlement and for whom all mailed notices are not returned as undeliverable, each Identifiable Settlement Class Member for whom all mailed notices are returned as undeliverable who submits an Approved Claim, and each Unidentifiable Settlement Class Member who submits an Approved Claim shall be entitled to payment in an amount equivalent to their pro rata share of the Settlement Fund after any approved Fee Award and Settlement Administration Expenses are deducted. Payments will be made directly to Settlement Class Members by the Settlement Administrator.
Payment to Settlement Class Members. Each Settlement Class Member’s share of the Settlement Fund Amount, less applicable taxes, shall be paid to Settlement Class Members after the Effective Date has passed, as defined in the Settlement Agreement. In the event monies remain as residue in the Settlement Fund Amount following distribution, they will be distributed pursuant to Paragraphs 32 and 33 of the Settlement Agreement. No portion of or amount from the Settlement Fund Amount shall revert or be returned to the Settling Defendants.
Payment to Settlement Class Members. Decision One Borrowers will be entitled to claim $200 per loan against the Settlement Fund as set forth in Section 3.4(a)(iv) above. In the event that the amounts contained in the Settlement Fund are insufficient to pay $200 per loan per each valid claim, the Decision One Borrower’s claims are subject to proration as set forth in Section 3.4(d) below. If Mortgage Services owns and is actively servicing a Decision One Borrower’s loan(s) at the time claims are to be paid pursuant to the settlement, the Decision One Borrower shall be deemed to have presented a valid claim, and the Decision One Borrower’s share of the Settlement Fund shall be credited against the outstanding principal balance on his loan(s) within sixty (60) days after the Effective Date. Such Decision One Borrower credits will be applied whether or not the Decision One Borrower has submitted a claim form. If Mortgage Services does not own and actively service the loan(s) at the time claims are to be paid pursuant to the settlement, the Decision One Borrower will not be paid unless he or she has timely submitted a valid claim form. Such Decision One Borrower shall be paid within sixty (60) days after the Effective Date by check mailed to the address provided by the Decision One Borrower on the returned claim form (or to any later forwarding address provided by the Decision One Borrower to the Settlement Administrator). If checks distributed to Decision One Borrowers are not cashed within six months of the check issue date, such checks will not be re-issued and the money in question will be distributed instead pursuant to Sections 3.4(a)(v) and (vi) above.
Payment to Settlement Class Members. Distributions from the Settlement Fund shall be disbursed to Verified Claimants who submit a Verified Claim Form and successfully make one or more Verified Claims as members of the California Class or National Class pursuant to the terms of this Section.
Payment to Settlement Class Members. Each Settlement Class Member shall be eligible 14 to receive payment of the Individual Settlement Amount, which is a share of the Net Settlement 15 Amount based on the pro rata number of Workweeks allocated to a Settlement Class Member as a 16 proportion of all Workweeks allocated to all Settlement Class Members. The Individual Settlement 17 Amount for each Settlement Class Member shall be calculated in accordance with Section 6.2. Each 18 Settlement Class Member, including Plaintiff, shall be responsible for the payment of each of their 19 portion of applicable taxes, if any, and required withholding with respect to his or her Individual 20 Settlement Amount.
Payment to Settlement Class Members. Each Settlement Class member shall be eligible to receive payment of the Individual Settlement Amount, which is a share of the Net Settlement Amount based on the distribution formula set forth in Section VI(7)(b), below.
Payment to Settlement Class Members. 22 4.4.1 Each Settlement Class Member shall be entitled to submit one claim per 23 telephone number he or she used or subscribed to.
24 4.4.2 Adequate and customary procedures and standards will be used by the 25 Settlement Administrator to prevent the payment of fraudulent claims and to pay only legitimate 26 claims, including, but not limited to, verifying claimed text messages with information provided 28 by the Parties.
1 4.4.3 Payment will be made to Settlement Class Members who timely submit a 2 valid Claim Form by the Claims Deadline after any approved attorneys’ fees, expenses, and costs, 3 any approved Representative Plaintiff Service Award for Representative Plaintiff, and costs of 5 reasonable class notice and class administration are deducted from the Settlement Fund.
6 4.4.4 Each Settlement Class Member who timely submits a valid Claim Form by 7 the Claims Deadline shall be entitled to a single payment in an amount equivalent to his or her 8 pro rata share of the Settlement Fund after any approved Fee Award, any approved Service 9 Award, and Settlement Administration Expenses are deducted. Each Settlement Class Member 10 shall be entitled to receive an amount equal to the Settlement Class Recovery divided by the total 11 number of Approved Claims.
13 4.4.5 Payments will be made directly to the Settlement Class Member by the 14 Settlement Administrator.
Payment to Settlement Class Members. 4.3.1 Each Settlement Class Member may submit only one Claim Form.
4.3.2 Adequate and customary procedures and standards shall be used by the Settlement Administrator to prevent the payment of fraudulent claims and to pay only legitimate claims, including, but not limited to, verifying claimed calls with information provided by the Parties.
4.3.3 Payment shall be made to Settlement Class Members who timely submit a valid Claim Form by the Claims Deadline after any approved attorneys’ fees, expenses, and costs, and costs of reasonable class Notice and Settlement Administration Expenses are deducted from the Settlement Fund.
4.3.4 Each Settlement Class Member who timely submits a valid Claim Form by the Claims Deadline shall be entitled to a single payment in an amount equivalent to his or her pro rata share of the Settlement Fund after any approved Fee Award, any approved Service Payment, and Settlement Administration Expenses are deducted. Each Settlement Class Member shall be entitled to receive an amount equal to the Settlement Class Recovery divided by the total number of Approved Claims.
4.3.5 Payments shall be made directly to the Settlement Class Member by the Settlement Administrator.
Payment to Settlement Class Members. Distributions from the Settlement Fund shall be disbursed to Verified Claimants.
