Common use of Short Notice Clause in Contracts

Short Notice. 30 days after the entry of the Preliminary Approval Order (“Notice Date”), and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator shall begin to provide notice to the Class through the following means: • via U.S. mail to the Class Member’s postal address that Defendant provided to the Settlement Administrator. Before any mailing under this paragraph occurs, the Settlement Administrator shall run the postal addresses of Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address if the Short Notice is returned as undeliverable; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 days prior to the Opt-Out Date and Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within 7 days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • via U.S. email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the Class Member’s postal address that Defendant provided to when the Settlement AdministratorClass Members conducted transactions with Xxxxx Mart. Before any mailing under this paragraph Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-re- send the Short Notice to the forwarding address if within seven (7) days of receiving the Short Notice is returned as undeliverableSummary Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection DateDeadline, a Short Summary Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Class Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Short Notice. 30 Within forty-five (45) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than sixty (“Notice Date”)60) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansmembers as follows: • via U.S. mail postcard to the Class Member’s postal address that Defendant provided to Defendant and/or the Released Entities by the Settlement AdministratorClass Members. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) USPS National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for each Class Members who did not receive a mailed noticepurposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available)commencement date.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within forty-five (45) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than sixty (“Notice Date”)60) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansmembers as follows: • via U.S. mail postcard to the Class Member’s postal address that Defendant provided to Trussway and/or the Released Entities by the Settlement AdministratorClass Members. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) USPS National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return “Return to Sender” Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first-mailing of the Short Notice shall be deemed the “notice commencement date” for each Class Members who did not receive a mailed noticepurposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).commencement date

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order (“Notice Commencement Date”)) and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • via U.S. email to the email addresses in Defendants’ possession; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the Class Member’s postal address that Defendant provided to the Settlement Administratorin Defendants’ possession. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within forty-five (45) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than sixty (“Notice Date”)60) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansmembers as follows: • via U.S. mail Via postcard to the Class Member’s postal address that Defendant provided to Syracuse and/or the Related Parties by the Settlement AdministratorClass Members. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) USPS National Change of Address database to update any change of address on file with the USPS; USPS within thirty (30) days of entry of the Preliminary Approval Order. in In the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverable; Notice. in In the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first-mailing of the Short Notice shall be deemed the “notice commencement date” for each Class Members who did not receive a mailed noticepurposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available)commencement date.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • via U.S. mail to the Class Member’s postal address that Defendant provided to TMH when the Settlement AdministratorClass Members interacted with TMH. Before any mailing under this paragraph Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a mailed Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection DateDeadline, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the of entry of the Preliminary Approval Order (“Notice Date”)Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to provide will commence providing notice to the Settlement Class through members, using the following meansappropriate form of Short Notice for members of the Settlement Class and Settlement Subclass, as follows: • via U.S. electronic mail, in the first instance, to the Settlement Class Members for whom DCA provides e-mail addresses. In the event any e-mail to a Settlement Class Member is bounced back or otherwise undeliverable, the postal address for such Settlement Class Member shall be used for notice, with such mailing being postmarked within fourteen (14) days of receipt of notice by the Claims Administrator that the e-mail was not delivered; • via direct mail to the Class Member’s postal address that Defendant provided to the Settlement Administratorby DCA. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 days prior to the Opt-Out Date and Objection Date, Notice a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansmembers as follows: • via U.S. first-class mail to the Class Member’s postal address that Defendant provided to Startek and/or the Released Entities by the Settlement AdministratorClass Members. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if via first-class mail within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice via first-class mail within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 days after the entry of the Preliminary Approval Order (“Notice Date”), and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator shall begin to provide notice to the Class through though any one of the following means: • via U.S. mail to the Class Member’s postal address that Defendant provided to the Settlement Administratorin Defendant’s possession. Before any mailing under this paragraph occurs, the Settlement Administrator shall run the postal addresses of Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address if the Short Notice is returned as undeliverable; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 days prior to the Opt-Out Date and Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Amended Settlement Agreement

Short Notice. 30 60 days after the entry of the Preliminary Approval Order (“Notice Date”)Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator shall begin to provide notice Notice to the Class through any one of the following means: • via U.S. Class member email to any email address Defendants provided to the Settlement Administrator; • in the event that an email bounces or the email is otherwise undeliverable: • approximately 24 to 72 hours after attempting to send the first email notice (to allow any temporary block at the ISP level to expire), the Settlement Administrator will send a second round of email notices to any email addresses deemed not to have received the first email notice due to a bounce or other undeliverable notice; • after the second email notice, the Settlement Administrator will conduct an email change of address search for any email address deemed not to have received either the first or second email notice. The Settlement Administrator will then send an email notice to any email address updated via this process. • in the event that the foregoing methods fail to result in a successful email send, the Settlement Administrator shall then send notice to that the Class Member via postal address as described below if such postal address is available; • for each Class Member who did not receive an email notice, via mail to the Class Member’s postal address that Defendant Defendants provided to the Settlement Administrator. Before any mailing under this paragraph occurs, the Settlement Administrator shall run the postal addresses of Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address if the Short Notice is returned as undeliverable; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 days prior to the Opt-Out Date and Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within 7 days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order Order, and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • To all Settlement Class Members for whom AGH is in possession of an email address, via U.S. mail email to the Class Member’s postal email address that Defendant provided to the Settlement AdministratorAdministrator by AGH; • To all Settlement Class Members for whom AGH does not have in its possession a Valid email address (including email addresses that were returned as undeliverable), via mail to the postal address provided to the Settlement Administrator by AGH. Before any mailing under this paragraph Paragraph occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in In the event that a mailed Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer validValid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in In the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection DateDeadline, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer validValid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement and Release

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Short Notice. 30 Within 60 days after the of entry of the Preliminary Approval Order (“Notice Date”)Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator shall begin to will provide notice Notice to the Class through the following meansas follows: • via U.S. mail Via postcard to the Class Member’s postal address that Defendant provided to the Settlement Administrator. Before any mailing under this paragraph occurs, the Settlement Administrator shall run the postal addresses of Class Members through the United States Postal Service (“USPS”) USPS National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address if within 7 days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within 7 days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “Notice Date” for each Class Members who did not receive a mailed noticepurposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available)commencement date.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • To all class members for whom CSI is in possession of a postal address, via U.S. mail to the Class Member’s postal address that Defendant provided to the Settlement AdministratorUS mail. Before any mailing under this paragraph Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a mailed Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection DateDeadline, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • To all class members for each Class Members who did not receive whom CSI is in possession of a mailed noticevalid email address, via email, the Settlement Claims Administrator may, if deemed necessary, will send notice to each or any Class member via email regardless of whether notice has been sent to any email a postal mailing address Defendant provided as well. • To all class members for whom CSI is in possession of a valid postal address, the Claims Administrator will mail a reminder notice fourteen (14) days prior to the Settlement Administrator (if available)Claims Deadline.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Short Notice. 30 days after On the entry of the Preliminary Approval Order (“Notice Date”), and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator shall begin to provide notice Notice to the Class through any one of the following means: • via U.S. Class Member email to any email address Defendant provides to the Settlement Administrator; • in the event that an email bounces or is otherwise undeliverable: • approximately 24 to 72 hours after attempting to send the first email Notice (to allow any temporary block at the ISP level to expire), the Settlement Administrator will send a second round of email Notices to any email addresses deemed not to have received the first email Notice due to a bounce or other undeliverable Notice; • after the second email Notice, the Settlement Administrator will conduct an email change of address search for any email address deemed not to have received either the first or second email Notice. The Settlement Administrator will then send an email Notice to any email address updated via this process. • in the event that the foregoing methods fail to result in a successful email send, the Settlement Administrator shall then send Notice to the Class Member via postal address as described below if such postal address is available; • for each Class Member who did not receive an emailed Notice, via mail to the Class Member’s postal address that Defendant provided to the Settlement Administrator. Before any mailing under this paragraph occurs, the Settlement Administrator shall run the postal addresses of Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address if the Short Notice is returned as undeliverable; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 days prior to the Opt-Out Date and Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within 7 14 days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Amended Settlement Agreement

Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • via U.S. email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Stein Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the Class Member’s postal address that Defendant provided to when the Settlement AdministratorClass Members conducted transactions with Xxxxx Mart. Before any mailing under this paragraph Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-re- send the Short Notice to the forwarding address if within seven (7) days of receiving the Short Notice is returned as undeliverableSummary Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection DateDeadline, a Short Summary Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Class Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice notice, using the Short Notice, to the Settlement Class through the following meansmembers as follows: • via U.S. direct mail to the Class Member’s postal address that Defendant provided to within the Settlement AdministratorClass Member Information. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. 30 Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansas follows: • via U.S. email to the email addresses provided to WSU by Settlement Class Members; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the Class Member’s postal address that Defendant provided to WSU by the Settlement AdministratorClass Members. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-re- send the Short Notice to the forwarding address if within seven (7) days of receiving the Short Notice is returned as undeliverableSummary Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and Objection DateDeadline, a Short Summary Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Amended Settlement Agreement

Short Notice. 30 Within thirty (30) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (“Notice Date”)45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator shall begin to will provide notice to the Settlement Class through the following meansmembers as follows: • via U.S. direct mail to the Class Member’s postal address that Defendant provided to TUCC and/or the Released Entities by the Settlement AdministratorClass Members. Before any mailing under this paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address if within seven (7) days of receiving the returned Short Notice is returned as undeliverableNotice; • in the event that subsequent to the first mailing of a Short Notice, and at least 14 fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within 7 seven (7) days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

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