To Settlement Class. The Claim Administrator shall be responsible for the following Settlement Class Notice Plan:
1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty (120) days after entry of the Preliminary Approval Order, the Claim Administrator shall cause a Short Form Notice, substantially in the form attached hereto as Exhibit 4 to be mailed, by U.S. first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Defendant may format the Short Form Notice in such a way as to minimize the cost of the mailing, so long as Settlement Class Members can reasonably read it and Class Counsel approves all changes and formatting. The Claim Administrator shall be responsible for dissemination of the Short Form Notice.
2. For purposes of identifying Settlement Class Members, the Claim Administrator shall obtain from Polk/IHS Markit or an equivalent company (such as Experian) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, based upon the VINs of Settlement Class Vehicles to be provided by Defendant.
3. Prior to mailing the Short Form Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Settlement Class Vehicle owners and lessees. For each individual Short Form Notice that is returned as undeliverable, the Claim Administrator shall remail all Short Form Notices where a forwarding address has been provided. For the remaining undeliverable Short Form Notices where no forwarding address is provided, the Claim Administrator shall perform an advanced address search (e.g., a skip trace) and re-mail any undeliverable Short Form Notices to the extent any new and current addresses are located.
4. The Claim Administrator shall diligently, and/or as reasonably requested by Class Counsel or Defense Counsel, report to Class Counsel and Defense Counsel the number of individual Short Form Notices originally mailed to Settlement Class Members, the number of individual Short Form Notices initially returned as undeliverable, the number of additional individual Short Form Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Notices returned as undeliverable.
5. The Claim Administrator shall implement a Settlement website that contains the following...
To Settlement Class. 1. Settlement Administrator, as the settlement administrator, shall be responsible for the following Settlement Class Notice program:
a. Within ninety (90) days after entry of the Preliminary Approval Order discussed in Section II.18 of this Agreement, Settlement Administrator shall cause individual notice, substantially in the form attached hereto as Exhibit B, to be mailed, by first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Notice shall be in made in the form of a postcard, that shall: (1) advise the class member to access the settlement website; or (2) call a toll free number for the Full Notice; including instructions on seeking Extended Warranty Service; the Claim Form and the Request for Exclusion Form. The Parties may format the First Class Notice in such a way as to ensure legibility, and access to the Full Notice. The ability to receive a Full Notice via toll free number is to be prominently displayed. Settlement Administrator shall be responsible for dissemination of the First Class Notice.
b. For purposes of identifying Settlement Class Members, the Settlement Administrator shall obtain from Subaru’s records and verify with Experian (or a reasonable substitute agreed to by the Class Counsel) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, and the Vehicle Identification Numbers (VINs) of Settlement Class Vehicles.
c. Prior to mailing the First Class Notice, an address search through the United States Postal Service’s National Change of Address database will be conducted to update the address information for Settlement Class Vehicle owners and lessees. For each individual First Class Notice that is returned as undeliverable, Settlement Administrator shall re- mail the First Class Notice where a forwarding address has been provided. For the remaining undeliverable notice packets where no forwarding address is provided, Settlement Administrator shall perform an advanced address search (e.g. a skip trace) and re-mail any undeliverable notices to the extent any new and current addresses are located.
d. Settlement Administrator shall diligently, and/or as reasonably requested by Class Counsel, report to Class Counsel the number of individual First Class Notices originally mailed to Settlement Class Members, the number of individual First Class Notices initially returned as undeliverable, the number of additiona...
