Common use of Submission of Claims Clause in Contracts

Submission of Claims. 8.1 For a Settlement Class Member to be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Form (Exhibit D) that may be “certified” and submitted electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time will be granted and promptly shall communicate the resulting decision to the Settlement Class Member who made the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or received electronically no later than 110 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 8.6 If any Settlement Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator promptly shall mail a notice to that Settlement Class Member informing him or her of the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless (a) either it is completed properly and matches a telephone number on the Settlement Class Member Contact List or (b) counsel for the Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by letter (and by email if a valid email address is available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form shall have a 20- calendar-day period (beginning on the date on which the notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event of a dispute between or among claimants, Settlement Class Counsel and Defense Counsel promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims that were or are covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. 8.1 For a Settlement Class Member to be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Form (Exhibit D) that may be “certified” and submitted electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time will shall be granted and shall promptly shall communicate the resulting that decision to the Settlement Class Member who made making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits submitting a Claim Form will be required to provide a unique code. The code will be provided on the Email Notice and/or Postcard Notice and the Email Notice (Exhibits A B and BC, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or received electronically no later than 110 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That This time period shall be referred to herein as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under pursuant to this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and shall promptly shall communicate that decision to the individual making the request. 8.6 If any Settlement Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator shall promptly shall mail a notice to that Settlement Class Member informing him or her of the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s 's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s 's rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless (a) either it is completed properly and matches a telephone number on the Settlement Class Member Contact List or (b) if counsel for the Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by letter email (and by email if a valid email address is available) or by letter (if a valid email address is not available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form shall have a 20- 20-calendar-day period (beginning on the date on which the person was sent notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event case of a dispute between or among claimants, Settlement Class Counsel and Defense Counsel thereafter shall promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s 's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s 's rights to pursue any claims that were or are covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. 8.1 For a Settlement Class Member to be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Form (Exhibit D) that may be “certified” and submitted electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted to the LME/PIHP electronically either through HIPAA Compliant 5010 EDI Transaction Sets: 837P – Professional claims, 837I – Institutional claims, or through direct data entry in the LME/PIHP’s secure web based claims system. The LIP will receive from the LME/PIHP a HIPAA Compliant 5010 EDI Transaction Sets: 835 – Remittance advice and/or a Remittance Advice can be generated directly from the secure web based claims system. LIP’s claims shall be compliant with the National Correct Coding Initiative effective at the date of service. Both parties shall be compliant with the requirements of the National Uniform Billing Committee. Claims for services must be submitted within ninety (90) days of the date of service except in the instances denominated in subparagraph 8.e. below. All claims submitted past ninety (90) days of the date of service or discharge (whichever is later) will be denied and cannot be resubmitted except in the instances denominated in subparagraph 8.e. and f. below. LME/PIHP is not responsible for processing or payment of claims that are submitted more than ninety (90) days after the date of service or discharge (whichever is later) except in the instances denominated in subparagraph8.e. and f. below. The date of receipt is the date the LME/PIHP receives the claim, as indicated on the electronic data records. If LIP delays claims due to the subrogation of benefits or the determination of eligibility for benefits for the Enrollee, LIP shall submit claims to the LME/PIHP within ninety (90) days of receipt of notice by the deadline to submit a claim; provided, however, that if an individual requests an extension LIP of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel Enrollee’s eligibility for Defendant and decide whether Medicaid. If LIP delays submission of the request for additional time will be granted and promptly shall communicate the resulting decision claims due to the Settlement Class Member who made coordination of benefits, subrogation of benefits or the request. The Claims Administrator determination of eligibility for benefits for the Enrollee , LIP shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice submit such claims within ninety (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or received electronically no later than 110 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 8.6 If any Settlement Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator promptly shall mail a notice to that Settlement Class Member informing him or her of the deficiency and that he or she has 20 calendar 90) days from the notice of determination of coverage or payment by the third party up to 180 days from date of service. If a claim is denied for reasons other than those stated above in subparagraph 8.e. and f., and the notice LIP wishes to resubmit the denied claim with additional information, XXX must resubmit the claim within ninety (which shall be 90) days after XXX’s receipt of the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cureddenial. If the deficiency is not timely curedLIP needs more than ninety (90) days to resubmit a denied claim, LIP must request and receive an extension from the Settlement Class Member who submitted LME/PIHP before the deficient Claim Form shall not receive any portion expiration of the Net Settlement Fund but ninety (90) deadline, such extension not to be unreasonably withheld. All claims shall remain a member be adjudicated as outlined in the Provider Operations Manual and Chapter 108C of the Settlement Class whose rights and North Carolina General Statutes. Billing Diagnosis submitted on claims must be consistent with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless (a) either it is completed properly and matches a telephone number on the Settlement Class Member Contact List or (b) counsel for the Parties otherwise agree to accept the claim as validservice provided. If a Claim Form specific service (as denominated by specific identifying codes such as CPT or HCPCS) is submitted from two or more individuals asserting entitlement rendered multiple times in a single day to payment arising from the same telephone callEnrollee, the Claims Administrator shall make a reasonable investigation specific service may be billed as the aggregate of the discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by letter (and by email if a valid email address is available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form shall have a 20- calendar-day period (beginning on the date on which the notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event of a dispute between or among claimants, Settlement Class Counsel and Defense Counsel promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims that were or are covered by the Action shall be extinguishedunits delivered rather than as separate line items. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. 8.1 7.1 For a Settlement Class Member to be paid compensated from the Net Cash Settlement Fund, he or she must complete and timely submit a valid Claim Form certifying Form-Cash along with proof demonstrating that he or she used a credit or debit card at a Covered Park during the Settlement Class Member’s entitlement applicable park location class period. Acceptable forms of proof are park credit or debit card receipts, credit card statements, or bank statements showing debit card transactions. Claim Forms- Cash may be subject to make a claimvalidation by the Claims Administrator as provided in Section 7.6 below. The A Claim Form Form-Cash shall be deemed deficient by the Claims Administrator if it is not fully completed (including the required proof of purchase) and signed signed, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 7.5 below. 8.2 7.2 Settlement Class Members not entitled to an Automatic Voucher must complete and timely submit a Claim Form-Voucher certifying that he or she used a credit or debit card at a Covered Park during that park’s applicable class period to receive a $13.00 voucher. Claim Forms-Voucher may be subject to validation by the Claims Administrator as provided in Section 7.6 below. The Claim Form-Voucher shall be deemed deficient by the Claims Administrator if it is not fully completed and signed, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 7.5 below. 7.3 The Claims Administrator will develop and post an online version of the each Claim Form (Exhibit DCash and Voucher) that may be “certified” and submitted electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time will be granted and promptly shall communicate the resulting decision to the Settlement Class Member who made the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. 7.4 Claim Forms (Cash and Voucher) must be postmarked or received electronically no later than 110 120 days after entry of the Court’s order preliminarily approving the Class Action Settlementsettlement. That This time period shall be referred to herein as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under pursuant to this Section 87; provided however, that if a Settlement Class Member an individual requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Settlement Class Counsel and Counsel for DefendantDefense Counsel, following which the Claims Administrator shall make the final decision whether if the request for additional time shall be granted and shall promptly shall communicate that decision to the individual making the request. 8.6 7.5 If any Settlement Class Member timely submits a deficient Claim Form (Cash or Voucher) which deviates from the instructions embodied in the Claim Formapplicable claim form, the Claims Administrator shall promptly shall mail a notice to that Settlement Class Member informing him or her of the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the deficiency notice is mailed) to cure the deficiencydeficiency (“Deficiency Cure Period”). The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form claim form shall not receive any portion of the Net Cash Settlement Fund or a $13.00 voucher but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action Actions are determined by the Court’s 's Final Approval Order and Judgment and by the other rulings in the ActionActions. Thus, that Settlement Class Member’s 's rights to pursue any claims covered by the Action Actions shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless (a) either it is completed properly and matches a telephone number on the Settlement Class Member Contact List or (b) counsel for the Parties otherwise agree to accept the claim as valid. 7.6 If a Claim Form Form-Cash is submitted from two or more individuals asserting entitlement to payment arising from the same telephone calltransaction, the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants, Defendant Defendants and/or counsel for the Parties) of the discrepancy to determine whether any or all of those such submitted Claim Forms claim forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by letter (and by email if a valid email address is available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form shall have a 20- calendar-day period (beginning on the date on which the notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event case of a dispute between or among claimants, Settlement Class Counsel and Defense Counsel shall promptly shall meet and confer to determine whether if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendant Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims that were or are covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 7.7 Any Claim Form (Cash or Voucher) that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 7.8 Any Settlement Class Member who fails to submit a valid and timely and valid Claim Form (Cash or Voucher) or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action Actions will be finally adjudicated by the Court’s order approving the Class Action Settlement, settlement and the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund settlement or otherwise will be extinguished.

Submission of Claims. 8.1 For a Settlement Class Member to be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Form (Exhibit D) that may be “certified” and submitted electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time will shall be granted and promptly shall communicate the resulting that decision to the Settlement Class Member who made making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits submitting a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or received electronically no later than 110 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under to this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 8.6 If any Settlement Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator promptly shall mail a notice to that Settlement Class Member informing him or her of the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless (a) either it is completed properly and matches a telephone number on the Settlement Class Member Contact List or (b) counsel for the Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more 19 FA individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by letter (and by email if a valid email address is available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form shall have a 20- calendar20-calendar- day period (beginning on the date on which the person was sent notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event case of a dispute between or among claimants, Settlement Class Counsel and Defense Counsel thereafter promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims that were or are covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. 8.1 For a Settlement Class Member to be paid from the Net Settlement Fund, he or she must complete and timely submit a Claim Form certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Form (Exhibit D) that may be “certified” and submitted electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time will shall be granted and promptly shall communicate the resulting that decision to the Settlement Class Member who made making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits submitting a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or received electronically no later than 110 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under to this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 8.6 If any Settlement Class Member timely submits a deficient Claim Form which deviates from the instructions embodied in the Claim Form, the Claims Administrator promptly shall mail a notice to that Settlement Class Member informing him or her of the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the deficiency has been timely cured. If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s 's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s 's rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be valid unless (a) either it is completed properly and matches a telephone number on the Settlement Class Member Contact List or (b) counsel for the Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under this Section, the Claims Administrator will by letter (and by email if a valid email address is available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form shall have a 20- calendar-day period (beginning on the date on which the person was sent notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Counsel and Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event case of a dispute between or among claimants, Settlement Class Counsel and Defense Counsel thereafter promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the Action are determined by the Court’s 's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s 's rights to pursue any claims that were or are covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.