Common use of Settlement Payments to Settlement Class Members Clause in Contracts

Settlement Payments to Settlement Class Members. a. Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Each Settlement Class Member who submits an Approved Claim shall be entitled to a Settlement Payment. b. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. c. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Class Counsel and Defendant’s Counsel a report listing all initially approved and initially rejected Claims. d. Class Counsel and Defendant’s Counsel shall have fourteen (14) days after the date they receive the report listing the initially approved and initially rejected claims to audit and challenge any initially approved or initially rejected claims. Class Counsel and Defendant’s Counsel shall meet and confer in an effort to resolve any disputes or disagreements over any initially approved or rejected claims. The Settlement Administrator shall have the authority for determining if Settlement Class Members’ Claim Forms are complete, timely, and accepted as an Approved Claim. e. Within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send Settlement Payments from the Settlement Fund by electronic deposit or by check via First Class U.S. Mail to the address provided on the Approved Claim Form, as elected by the Class Member with an Approved Claim. f. Each payment issued to a Class Member by check will state on the face of the check that it will become null and void unless cashed within ninety (90) calendar days after the date of issuance. g. In the event that an electronic deposit to a Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Class Member within thirty (30) calendar days to correct the problem. h. To the extent that a check issued to a Settlement Class Member is not cashed within ninety (90) days after the date of issuance or an electronic deposit is unable to be processed within ninety (90) days of the first attempt, such funds shall be distributed as cy pres to the American Civil Liberties Union of Illinois, earmarked to support its Government Accountability and Personal Privacy efforts (a non-profit organization that advocates to protect Illinoisans’ privacy rights), subject to approval by the Court, and/or any other recipient selected by the Court.

Settlement Payments to Settlement Class Members. a. Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Each Settlement Class Member who submits an and Approved Claim shall be entitled to a Settlement Payment. The Settlement Administrator shall send such Settlement Payments via First Class U.S. Mail to the address provided on the Approved Claim Form. b. Within fourteen (14) calendar days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may request additional information prior to initially accepting or rejecting any Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse and/or fraud. c. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Class Counsel and Defendant’s Counsel for the Parties a report listing all initially approved and initially rejected Claims. d. Class Counsel and Defendant’s Counsel for the Parties shall have fourteen (14) days after the date they receive the report listing the initially approved and initially rejected claims to audit and challenge any initially approved or initially rejected claims. Class Counsel and Defendant’s Counsel for the Parties shall meet and confer in an effort to resolve any disputes or disagreements over any initially approved or rejected claims. The Settlement Administrator shall have the sole and final authority for determining if Settlement Class Members’ Claim Forms are complete, timely, and accepted as an Approved ClaimClaims. e. Within The Settlement Administrator shall send each Settlement Class Member with an Approved Claim a Settlement Payment by check within twenty-eight (28) calendar days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send . All Settlement Payments from the Settlement Fund by electronic deposit or by check via First Class U.S. Mail to the address provided on the Approved Claim Form, as elected by the Class Member with an Approved Claim. f. Each payment issued to a Class Member by check will state on the face of the check that it the check will expire and become null and void unless cashed within ninety (90) calendar days after the date of issuance. g. In the event that an electronic deposit to a Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Class Member within thirty (30) calendar days to correct the problem. h. f. To the extent that a check issued to a Settlement Class Member Members is not cashed within ninety (90) days after the date of issuance or an electronic deposit is unable to issuance, the check will be processed within void. Uncashed checks will be voided by Defendants after ninety (90) days of the first attempt, issuance and any and all such funds shall revert back to Defendants. g. Settlement Class Members may request replacement checks within the ninety (90) day period after initial issuance, but such checks will not extend the ninety (90) day check cashing period from the date checks were originally issued. h. Following the expiration of the Claims Period and issuance of payment, and after payment of any outstanding Settlement Administration Expenses, any unclaimed or leftover amounts in the Escrow Account shall revert back to Defendants. The reversion of any outstanding funds remaining shall be distributed as cy pres released to Defendants via their counsel within 30 calendar days following the American Civil Liberties Union expiration of Illinois, earmarked to support its Government Accountability and Personal Privacy efforts the ninety (a non-profit organization that advocates to protect Illinoisans’ privacy rights), subject to approval by the Court, and/or any other recipient selected by the Court90) day period addressed in Section (g) above.

Settlement Payments to Settlement Class Members. a. Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Each Settlement Class Member who submits an Approved Claim shall be entitled to a Settlement Payment. b. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. c. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Class Counsel and Defendant’s Counsel a report listing all initially approved and initially rejected Claims. d. Class Counsel and Defendant’s Counsel shall have fourteen (14) days after the date they receive the report listing the initially approved and initially rejected claims to audit and challenge any initially approved or initially rejected claims. Class Counsel and Defendant’s Counsel shall meet and confer in an effort to resolve any disputes or disagreements over any initially approved or rejected claims. The Settlement Administrator shall have the authority for determining if send each Settlement Class Members’ Claim Forms are complete, timely, and accepted as an Approved Claim. e. Within Member a Settlement Payment by check from the Settlement Fund within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send Settlement Payments from the Settlement Fund by electronic deposit or by check Date via First Class U.S. Mail to the address provided on the Approved Claim Formtheir last known mailing address, as elected updated through the National Change of Address database if necessary by the Class Member with an Approved ClaimSettlement Administrator. No claims procedure will be required. f. Each payment issued to a Class Member by check b. All Settlement Payments will state on the face of the check that it the check will expire and become null and void unless cashed within ninety (90) calendar days after the date of issuance. g. In the event that an electronic deposit to a Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Class Member within thirty (30) calendar days to correct the problem. h. c. To the extent that a check issued to a Settlement Class Member is not cashed within ninety (90) days after the date of issuance or an electronic deposit is unable to issuance, the check will be processed within ninety (90) days of the first attemptvoid, and such funds shall be distributed as cy pres to the American Civil Liberties Union Electronic Privacy Information Center (an organization that was established to “focus public attention on emerging privacy and civil liberties issues and to protect privacy, freedom of Illinoisexpression, and democratic values in the information age”) and/or Legal Aid Chicago, earmarked to support its Government Accountability and Personal Privacy efforts the Workers’ Rights Practice Group (a non-profit an organization that advocates “works to protect Illinoisans’ privacy rightsensure that low-wage Chicagoland workers receive the equitable support that they deserve” including by helping employees “receive unemployment insurance benefits, receive wage claims, fight employment discrimination and wrongful termination, and more”), subject to approval by the Court, and/or any other recipient selected by of the Court. d. In no event shall any amount paid by Defendant into the Escrow Account revert to Defendant, other than the Settlement Administrator shall refund One Thousand Dollars ($1,000.00) to Defendant for each person included on the Class List (as that term is defined below) who opts out of the settlement and does not become a Settlement Class Member. Neither Defendant nor Defendant’s Counsel shall take any action, either directly or indirectly, to encourage any member of the Settlement Class to exclude themselves from the Settlement Class. Should Defendant or Defendant’s Counsel communicate with any member of the Settlement Class about the settlement, the Settlement Agreement, or any of its terms, such communications shall be by reference to the Court-approved Notice.

Settlement Payments to Settlement Class Members. a. After the Effective Date, Settlement Payments to Settlement Class Members shall have until be determined using the following steps: 6.4.1. The Claims Administrator first will promptly estimate the largest amount of Administrative Expenses it believes in good faith it may incur in fulfilling its obligations in Paragraphs 6.4.5 through 6.4.9, and will report that estimate to the Parties. One hundred twenty percent (120%) of that estimated amount (the “Final Administration Fund”) will be deducted from the remaining Settlement Fund to be used to reimburse the Claims Deadline Administrator for Administrative Expenses that it incurs, as approved by the Court. 6.4.2. The Claims Administrator will pay the amount of the Fee Award to submit Claim FormsClass Counsel out of the Settlement Fund amounts transferred to the Claims Administrator by DFS. 6.4.3. The Claims Administrator will pay the amount of the Incentive Payment to Plaintiff out of the Settlement Fund amounts transferred to the Claims Administrator by DFS. 6.4.4. The amount of the Settlement Fund that remains after deducting the amounts of the previously paid Administrative Expenses, Final Administration Fund, Fee Award, and Incentive Payment shall be the “Net Settlement Proceeds.” DFS shall report the Net Settlement Proceeds to the Claims Administrator and Class Counsel. 6.4.5. Each Settlement Class Member who submits an Approved a valid Settlement Claim Form shall be entitled eligible to receive $17.00 from the Net Settlement Proceeds. If the Net Settlement Proceeds are insufficient to pay each Settlement Class Member who submitted a valid Settlement Claim Form $17.00, then all Settlement Payments shall be reduced pro rata. If the estimated Administrative Expenses are lower than the estimated Final Administration Fund, any funds in excess will be used to pay the Settlement Class Members’ claims, but in no event shall a Settlement Class Member receive more than $17.00 for a Settlement Payment. b. 6.4.6. The Claims Administrator shall calculate the amount of Net Settlement Proceeds needed to pay Settlement Payments to each Settlement Class Member who submitted a valid Settlement Claim Form and shall report that amount (the “Final Payment Amount”) to the Parties. 6.4.7. Within fourteen forty-five (1445) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. c. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Class Counsel and Defendant’s Counsel a report listing all initially approved and initially rejected Claims. d. Class Counsel and Defendant’s Counsel shall have fourteen (14) days after the date they receive the report listing the initially approved and initially rejected claims to audit and challenge any initially approved or initially rejected claims. Class Counsel and Defendant’s Counsel shall meet and confer in an effort to resolve any disputes or disagreements over any initially approved or rejected claims. The Settlement Administrator shall have the authority for determining if Settlement Class Members’ Claim Forms are complete, timely, and accepted as an Approved Claim. e. Within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Claims Administrator shall send Settlement Payments from the Settlement Fund by electronic deposit or by check via First Class U.S. Mail will issue a payment to the address provided on the Approved Claim Form, as elected by the Class Member with an Approved Claim. f. Each payment issued to a Class Member by check will state on the face of the check that it will become null and void unless cashed within ninety (90) calendar days after the date of issuance. g. In the event that an electronic deposit to a Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Class Member within thirty (30) calendar days to correct the problem. h. To the extent that a check issued to a each Settlement Class Member is not cashed within ninety (90) days after who submitted a valid Settlement Claim Form in the date amount of issuance or an electronic deposit is unable to be processed within ninety (90) days of the first attempt, such funds shall be distributed that Settlement Class Member’s final Settlement Payment as cy pres to the American Civil Liberties Union of Illinois, earmarked to support its Government Accountability and Personal Privacy efforts (a non-profit organization that advocates to protect Illinoisans’ privacy rights), subject to approval by the Court, and/or any other recipient selected by the Courtcalculated in Paragraph 6.4.

Settlement Payments to Settlement Class Members. a. Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Each Settlement Class Member who submits an Approved Claim shall be entitled to a Settlement Payment. b. Within fourteen (14) calendar days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. c. Within fourteen (14) calendar days of after the Claims Deadline, the Settlement Administrator will submit to Class Counsel and Defendant’s Counsel a report listing all initially approved and initially rejected Claims. d. Class Counsel and Defendant’s Counsel shall have fourteen (14) calendar days after the date they receive the report listing the initially approved and initially rejected claims to audit and challenge any initially approved or initially rejected claims. Class Counsel and Defendant’s Counsel shall meet and confer in an effort to resolve any disputes or disagreements over any initially approved or rejected claims. The Settlement Administrator shall have the final authority for determining if Settlement Class Members’ Claim Forms are complete, timely, and accepted as an Approved Claim. e. Class Counsel agrees that they shall not disclose or use, directly or indirectly, any information pertaining to Class Members or their employers that is disclosed to them in Claim Forms hereunder for any purpose other than effectuating the Settlement. f. Within twenty-eight (28) calendar days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send Settlement Payments from the Settlement Fund by electronic deposit or by check via First Class U.S. Mail to the account or address provided on the Approved Claim Form, as elected by the Class Member with an Approved Claim. f. g. Class Members will have the option of having their Settlement Payment transmitted to them through Venmo, Zelle, Paypal, or check. Class Members who do not choose a payment method via the Settlement Website will be sent a check via First Class U.S. Mail to their last known mailing address, as updated through the National Change of Address database if necessary by the Settlement Administrator. h. Each payment issued to a Class Member by check will state on the face of the check that it will become null and void unless cashed within ninety one hundred and eighty (90180) calendar days after the date of issuance. g. i. In the event that an electronic deposit to a Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Class Member within thirty (30) calendar days to correct the problem. h. j. To the extent that a check issued to a Settlement Class Member Members is not cashed within ninety one hundred and eighty (90180) calendar days after the date of issuance or an electronic deposit is unable to be processed within ninety one hundred and eighty (90180) calendar days of the first attempt, such funds shall be distributed as cy pres to the American Civil Liberties Union of IllinoisIllinois Bar Foundation, earmarked or any other or additional cy pres recipient selected by the Court, pursuant to support its Government Accountability and Personal Privacy efforts (a non735 ILCS 5/2-profit organization that advocates to protect Illinoisans’ privacy rights807(b), subject to approval by the Court, and/or any other recipient selected by of the Court. k. In no event shall any amount paid by Defendant or its insurer into the Escrow Account revert to Defendant or the Released Parties.