Settlement Class Notice. The Settlement Class Notice shall provide for a right of exclusion, as set forth in Section II(F)(4). The Settlement Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Settlement Class Members who can be identified through reasonable effort shall be mailed, emailed and/or sent via text message to the Settlement Class in conformance with a notice plan to be approved by the Court. Interim Co-Lead Counsel will undertake all reasonable efforts to notify potential Settlement Class Members of the settlement, including publication notice through traditional, digital, and/or social media sources likely to reach Settlement Class Members. The timing of a motion to approve notice to the Settlement Class of this Settlement Agreement (“Notice Motion”) shall be in the discretion of Interim Co-Lead Counsel, and may be combined with notice of other settlements in this Action. The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice.
Settlement Class Notice. 6.1 Defendants shall compile a list of all U.S. persons who were season pass holders and/or members during the Class Period and search for names, mailing addresses, and email addresses associated with the list. All of the information collected by Defendants, taken in total, shall be referred to as the Class Member Contact List. The Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyone.
6.2 No later than 20 calendar days after receiving the Class Member Contact List, the Claims Administrator shall run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid email address through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database to update the information provided by Defendants.
6.3 No later than 60 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall send to each person on the Class Member Contact List for whom no e-mail is available, but for whom a mailing address is available, the Postcard Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States mail. No later than 60 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall email to each person on the Class Member Contact List for whom an email address is available, the Email Settlement Class Notice substantially in the form of Exhibit D hereto. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid address, and if a new mailing address is obtained, re-mail the appropriate notice document to that updated mailing address.
6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150...
Settlement Class Notice. Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notice and Long Form Notice, substantially in the form attached as Exhibit D and Exhibit F, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Settlement Administrator will send the Notice and Claim Form via electronic mail (where available) and U.S. Mail, postage prepaid also requesting either forwarding service or change service to the last known address reflected in the Class List. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that same deadline, the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days following the mailing of the Notice via U.S. Mail (if applicable), the Settlement Administrator will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. No later than thirty (30) days before the Final Approval Hearing, the Settlement Administrator will file proof of the mailing of the Notice with the Court. Neither the Parties nor the Settlement Administrator will have any further obligation to send notice of the settlement to the Settlement Class Members.
Settlement Class Notice. 4.1 Except as provided for in Paragraph 4.2, the Settlement Administrator shall disseminate Notice to Settlement Class Members by the Notice Deadline. The Settlement Administrator shall disseminate Notice in a manner that complies with due process under the United States Constitution. The Settlement Administrator will provide direct Notice, one time, via email to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel, unless there is evidence the emails were not successfully transmitted (e.g., a percentage of email notices are flagged as spam mail) in which case additional emails can be sent to ensure successful transmission. In the event that email is unavailable, the Settlement Administrator shall send Notice, one time, via regular mail to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel. Notice will also be provided by publication through advertisements in appropriate print and electronic media including social media as agreed to by the Parties through the Claims Deadline. In no event shall Notice be provided through television or radio advertisements or through claim promotion sites (e.g., xxxxxxxxxxxxxxx.xxx).
4.2 Amazon, Inc., is a third-party retailer who received a subpoena from Class Counsel. In or about October 2020, Amazon, Inc. sent emails regarding the recall to consumers it identified as purchasing affected Wipes through Amazon, Inc. Amazon, Inc. will separately provide direct Notice by the Notice Deadline, one time, via email to the email addresses in Amazon’s possession associated with consumers that Amazon, Inc. previously identified as purchasing affected Wipes. The notice sent by Amazon will include the following additional disclaimer “Amazon is emailing you because our records indicate that you may have purchased certain Cottonelle-branded products through the Xxxxxx.xxx store. YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT. Amazon is not a party to or otherwise involved in the class action lawsuit and is providing this notice only as a courtesy.” Within seven (7) days of sending the Notice, Amazon shall provide a declaration to the Parties indicating compliance with this obligation and setting forth the total number of unique email addresses to whom it sent Notice, and the total number of those emails that were del...
Settlement Class Notice. The Settlement Class Notice shall provide for a right of exclusion, as set forth in Section II(F)(4). The Settlement Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Settlement Class Members who can be identified through reasonable effort shall be mailed, emailed and/or sent via text message to the Settlement Class in conformance with a notice plan to be approved by the Court. Interim Co-Lead Counsel will undertake all reasonable efforts to notify potential Settlement Class Members of the settlement. The timing of a motion to approve notice to the Settlement Class of this Settlement Agreement shall be in the discretion of Interim Co-Lead Counsel, and may be combined with notice of other settlements in this Action.
Settlement Class Notice. “Settlement Class Notice” means the Court-approved form of notice to current and former owners and lessees of Settlement Class Vehicles, in substantially the same form as that attached hereto as Exhibit “A,” informing them of, among other things, the (i) preliminary approval of the Settlement; (ii) scheduling of the Final Approval Hearing; (iii) opportunity to submit a claim; (iv) opportunity to submit an objection; and (v) opportunity to request exclusion.
Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, and no later than thirty (30) days after SafeRent provides to the Settlement Administrator and Settlement Class Counsel the Settlement Class Spreadsheet, the Settlement Administrator will provide the Settlement Classes with Notice of the proposed Settlement by the following methods:
4.2.1. Within seven (7) days of entry of the Preliminary Approval Order, SafeRent shall provide to the Settlement Administrator and Settlement Class Counsel in the form of the Settlement Class Spreadsheet the names and, if reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice to the Settlement Class and administering the claims process and not for any other purpose. The Settlement Administrator shall use this information, including using this information to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links to the Settlement Website (if text notice is approved by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class Counsel, the Settlement Administrator may send additional mailings to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve in
Settlement Class Notice. 6.1 Within ten (10) days after the entry of the Preliminary Approval Order, Defendants shall provide a list of the Settlement Class members based on Defendants best good-faith reasonable efforts to identify Settlement Class members to the Settlement Administrator. Within thirty (30) days after the Preliminary Approval Order is entered, the Settlement Administrator shall disseminate Notice to the Settlement Class Members. Notice shall be disseminated via first-class U.S. mail to all Settlement Class Members, to the extent mailing addresses are known. To the extent that Class Counsel believes that reminder notices should be sent to Settlement Class Members, Class Counsel may direct the Settlement Administrator to send reminder notices to Settlement Class Members, which shall be sent sixty (60) days after the Notice Date and the cost of which shall be Notice and Administrative Expenses that are paid from the Settlement Fund. The process to issue Notice as described in this Paragraph and the creation and maintenance of the Settlement Website shall constitute the “Notice Plan.”
6.2 The Notice must set forth the time and place of the Final Approval Hearing (subject to change) and state that any Settlement Class Member who does not file a timely and adequate objection in accordance with this Paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement.
Settlement Class Notice. Named Plaintiff, Settling Defendants, and the proposed Settlement Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Parties will recommend this Notice Plan to the Court. This Amended Settlement Agreement provides for a Settlement Class under Federal Rule of Civil Procedure 23(b)(2). Accordingly, individual notice is not required. Further, Settling Defendants represent (and discovery confirms) that individual notice would not be possible because the Settling Defendants do not have records identifying names or addresses for members of the Settlement Class. The Notice Plan will be administered by an experienced and qualified settlement administrator. The Settlement Administrator was consulted and utilized to develop, focus, and implement the proposed Notice Plan. Before recommending the Notice Plan, the Settlement Administrator investigated the specific demographic characteristics of Interstate Batteries’ customer base in order to develop and recommend a cost-effective Notice Plan specifically targeted to the Settlement Class.
Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, the Settlement Administrator will provide the Settlement Class with Notice of the proposed Settlement by the following methods:
