Common use of Settlement Class Certification Clause in Contracts

Settlement Class Certification. 47. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class properly could be certified on the claims asserted in the Litigation. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification of the Class for settlement purposes only. Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in the Litigation or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, any certification of the Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted against Defendant in any litigated certification proceedings in the Litigation. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiffs, any person in the Class or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in the Litigation or any other judicial proceeding. 48. Subject to Court approval, and for settlement purposes only, the following Class shall be certified: All persons a. who were users or subscribers to a wireless or cellular telephone service within the United States to which Xxxxx Fargo made or initiated any Call in connection with the collection or servicing of a mortgage or home equity loan, credit card account, retail installment sale contract for an automobile, automobile loan, overdraft on a deposit account, student loan, or in connection with a fraud alert on a credit card or deposit account, using any automated dialing technology or artificial or prerecorded voice technology; b. who were not customers of Xxxxx Fargo at the time of the Call; and, c. who were Called between January 20, 2013 and the entry of the Preliminary Approval Order for Calls placed in connection with automobile loans or fraud alerts on credit cards or deposit accounts; between September 18, 2014 and the entry of the Preliminary Approval Order for Calls placed in connection with credit card accounts; between December 20, 2015 and the entry of the Preliminary Approval Order for Calls placed in connection with student loans or overdrafts on deposit accounts; between March 1, 2016 and the entry of the Preliminary Approval Order for Calls placed in connection with mortgages or home equity loans; or between April 1, 2016 and the entry of the Preliminary Approval Order for Calls placed in connection with retail installment sale contracts for automobiles. d. Excluded from the Class are Defendant, any affiliate or subsidiary of Defendant, any entities in which such companies have a controlling interest, the Court and staff to whom this case is assigned, and any member of the Court’s or staff’s immediate family. 49. If for any reason the settlement is not granted preliminary and final approval, Defendant’s agreement to certification of the Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4772. Defendant Landmark disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a any litigation class properly could be certified on the claims asserted in the Litigation. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant Landmark does not oppose the certification of the Class for settlement purposes only. Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant Landmark be precluded from challenging class certification in further proceedings in the Litigation or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, any certification of the Class will be void, and no doctrine of waiver, estoppel estoppel, or preclusion will be asserted against Defendant Landmark in any litigated certification proceedings in the Litigation. No agreements made by or entered into by Defendant Landmark in connection with the Settlement Agreement may be used by Plaintiffs, any person in the Joint Owner, Class Members, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in the Litigation or any other judicial proceeding. 4873. Subject to Court approval, and for settlement purposes only, the following Settlement Class shall be certified: All persons a. who were users or subscribers to a wireless or cellular telephone service within the United States to which Xxxxx Fargo made or initiated any Call in connection with the collection or servicing holders of a mortgage personal or home equity loanbusiness checking account originally established at Landmark Bank, credit card accountincluding former holders and holders with accounts transitioned to Xxxxxxx Bank, retail installment sale contract for an automobile, automobile loan, overdraft on a deposit account, student loan, or in connection with a fraud alert on a credit card or deposit account, using any automated dialing technology or artificial or prerecorded voice technology; b. who were not customers of Xxxxx Fargo at the time regardless of the Call; and, c. who were Called between January 20state of residence or citizenship of its account holder, 2013 and who, during the entry of the Preliminary Approval Order for Calls placed in connection with automobile loans Class Period, incurred one or fraud alerts more Challenged Fees based on credit cards or deposit accounts; between September 18, 2014 and the entry of the Preliminary Approval Order for Calls placed in connection with credit card accounts; between December 20, 2015 and the entry of the Preliminary Approval Order for Calls placed in connection with student loans or overdrafts on deposit accounts; between March 1, 2016 and the entry of the Preliminary Approval Order for Calls placed in connection with mortgages or home equity loans; or between April 1, 2016 and the entry of the Preliminary Approval Order for Calls placed in connection with retail installment sale contracts for automobilesAPSN Transactions. d. Excluded from the Class are Defendant, any affiliate or subsidiary of Defendant, any entities in which such companies have a controlling interest, the Court and staff to whom this case is assigned, and any member of the Court’s or staff’s immediate family. 4974. If for any reason the this settlement is not granted preliminary and final approval, Defendantor if this Agreement is terminated in accordance with its terms, the Parties, pleadings and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and as if no Amended Class Action Complaint had been filed (such amendment being solely for settlement purposes). Plaintiffs shall file such motions and pleadings as are necessary to return this case to the Litigation posture that existed before this settlement was reached, and to ensure that the Parties are postured in the Litigation as they were before the Amended Class Action Complaint was filed. Landmark’s agreement herein to certification of the Settlement Class as described in the Amended Class Action Complaint or otherwise shall not be used for any purpose, including in any request resolving Plaintiffs’ motion for class certification in the Litigation or any request for certification in any other proceeding.

Settlement Class Certification. 4764. Defendant Provident disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a any litigation class properly could be certified on the claims asserted in the Litigation. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant Provident does not oppose the certification of the Class for settlement purposes only. Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant Provident be precluded from challenging class certification in further proceedings in the Litigation or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, any certification of the Class will be void, and no doctrine of waiver, estoppel estoppel, or preclusion will be asserted against Defendant Provident in any litigated certification proceedings in the Litigation. No agreements made by or entered into by Defendant Provident in connection with the Settlement Agreement may be used by PlaintiffsPlaintiff, any person in the Class Members, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in the Litigation or any other judicial proceeding. 4865. Subject to Court approval, and for settlement purposes only, the following Settlement Class shall be certified: All persons a. who were users or subscribers to a wireless or cellular telephone service within the United States to which Xxxxx Fargo made or initiated any Call in connection with the collection or servicing holders of a mortgage personal or home equity loanbusiness checking account originally established at Provident Bank, credit card account, retail installment sale contract for an automobile, automobile loan, overdraft on a deposit account, student loan, or in connection with a fraud alert on a credit card or deposit account, using any automated dialing technology or artificial or prerecorded voice technology; b. who were not customers of Xxxxx Fargo at the time regardless of the Call; and, c. who were Called between January 20state of residence or citizenship of its account holder, 2013 and who, during the entry of the Preliminary Approval Order for Calls placed in connection with automobile loans Class Period, incurred one or fraud alerts more Challenged Fees based on credit cards or deposit accounts; between September 18, 2014 and the entry of the Preliminary Approval Order for Calls placed in connection with credit card accounts; between December 20, 2015 and the entry of the Preliminary Approval Order for Calls placed in connection with student loans or overdrafts on deposit accounts; between March 1, 2016 and the entry of the Preliminary Approval Order for Calls placed in connection with mortgages or home equity loans; or between April 1, 2016 and the entry of the Preliminary Approval Order for Calls placed in connection with retail installment sale contracts for automobilesAPSN Transactions. d. Excluded from the Class are Defendant, any affiliate or subsidiary of Defendant, any entities in which such companies have a controlling interest, the Court and staff to whom this case is assigned, and any member of the Court’s or staff’s immediate family. 4966. If for any reason the this settlement is not granted preliminary and final approval, Defendantor if this Agreement is terminated in accordance with its terms, the Parties, pleadings and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into. Plaintiff shall file such motions and pleadings as are necessary to return this case to the Litigation posture that existed before this settlement was reached, and to ensure that the Parties are postured in the Litigation as they were before the Mediation was completed. Provident’s agreement herein to certification of the Settlement Class as described in the Complaint or otherwise shall not be used for any purpose, including in resolving any request motion for class certification in the Litigation or any request for certification in any other proceeding.