Common use of WHAT IS THE ACTION ABOUT Clause in Contracts

WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC (“Divvydose”) by an individual alleging Divvydose made unsolicited telemarketing calls, called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose denies wrongdoing and liability and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you are a person in the United States who was called by 1564 Ventures, Inc. with a recorded message about Divvydose during the Class Period. Excluded from the Class are the Court, the officers and directors of Divvymed, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November 1, 2019. What relief does the Settlement provide? The Settlement provides $750,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a share of the Settlement based on the number of calls you received. It is presently estimated that Class Members who timely and validly file a claim may receive approximately $ - . This amount may change as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].com. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents and Claim Form, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX-XXX-XXXX. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 CLAIM FORM CLAIM FORM Section I -Instructions

Appears in 1 contract

Samples: www.mujahidvdivvymedtcpasettlement.com

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WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC American Advisors Group (“DivvydoseAAG”) by an individual alleging Divvydose AAG made unsolicited telemarketing calls, calls and called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose AAG denies wrongdoing and liability liability, and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you are a person in regular user or subscriber to numbers assigned to wireless carriers to which a call was made or attempted by AAG, either directly or by Complete Business Marketing Company, LLC DBA Exclusive Prospect (“EP”) for the United States who benefit of AAG, using any automated telephone dialing system or artificial or prerecorded voice message, or if you are a regular user or subscriber to phone numbers that were not assigned to wireless carriers to which a call was called made or attempted by 1564 VenturesAAG either directly or by EP for the benefit of AAG, Inc. with a recorded message about Divvydose during the Class Period. Excluded from the Class are the Court, the officers and directors of Divvymed, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November January 1, 20192017 to May 1, 2020. What relief does the Settlement provide? The Settlement provides $750,000 3,500,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a share of the Settlement based on the number of calls you received. It is presently estimated that Class Members who timely and validly file a claim may receive approximately $ - $20-40.00. This amount may change change, as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award award, you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].comby clicking HERE. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose AAG or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 $ for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 $ Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents court documents, and Claim FormForms, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX888-XXXxxx-XXXXxxxx. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 CLAIM FORM CLAIM FORM Section I -Instructions4 POSTCARD NOTICE If you are a person in the United States who was called by AAG, directly or through a third party, between January 1, 2017 and May 1, 2020, you may be entitled to payment.

Appears in 1 contract

Samples: www.tcpasettlementaag.com

WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC PALMCO Corporation d/b/a Indra Energy (“DivvydosePALMCO”) by an individual alleging Divvydose PALMCO made unsolicited telemarketing calls, called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose PALMCO denies wrongdoing and liability liability, and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you fit into the following definition: If you are a person in the United States who was contacted by or on behalf of the Released Parties or its affiliates promoting the Released Parties that were called by 1564 Ventures, Inc. with a pre-recorded message about Divvydose during message, automated dialing system or were called while on the Class Period. Excluded National Do Not Call Registry for at least 30 days from the Class are the Court, the officers and directors of Divvymed, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November January 1, 20192016 through [DATE]. What relief does the Settlement provide? The Settlement provides $750,000 1,000,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a pro rata share of the Net Settlement based on the number of calls you received. It is presently estimated that Class Members who Fund by timely and validly file submitting a claim may receive approximately $ - Claim Form. This amount may change change, as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award award, you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].comwww.[xxxx].com as well as attached to this postcard. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose PALMCO or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 345,000.45 for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 10,000 Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents court documents, and Claim FormForms, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX888-XXXxxx-XXXXxxxx. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 CLAIM FORM CLAIM FORM Section I -Instructions.

Appears in 1 contract

Samples: www.palmcotcpasettlement.com

WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC HOSOPO Corporation d/b/a Horizon Solar (“DivvydoseHOSOPO”) by an individual alleging Divvydose HOSOPO made unsolicited telemarketing calls, called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose XXXXXX denies wrongdoing and liability liability, and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you are a person fit into the following definition: (1) All persons in the United States who was called by 1564 Ventures, Inc. with a recorded message about Divvydose during the Class Period. Excluded from the Class are the Courtusers or subscribers of the telephone numbers identified by Flowmedia in Xxxxx Xxxxxxxx’ affidavit as being called for Horizon Solar (2) using the ViciDialer dialing system (3) from October 16, the officers and directors of Divvymed2017 through December 8, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November 1, 20192017. What relief does the Settlement provide? The Settlement provides $750,000 800,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a pro rata share of the Net Settlement based on the number of calls you received. It is presently estimated that Class Members who Fund by timely and validly file submitting a claim may receive approximately $ - Claim Form. This amount may change change, as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award award, you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].comwww.[xxxx].com as well as attached to this postcard. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose XXXXXX or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 298,666.67 for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 10,000 Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents court documents, and Claim FormForms, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX888-XXXxxx-XXXXxxxx. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 CLAIM FORM CLAIM FORM Section I -Instructions- Instructions This Form must be received by the Settlement Administrator no later than [Month] [Day], [Year]. This Claim Form may be submitted in one of three ways:

Appears in 1 contract

Samples: www.horizoncallssettlement.com

WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC (“Divvydose”) by an individual alleging Divvydose made unsolicited telemarketing calls, called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose denies wrongdoing and liability and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you are a person in the United States who was called by 1564 Ventures, Inc. with a recorded message about Divvydose during the Class Period. Excluded from the Class are the Court, the officers and directors of Divvymed, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November 1, 2019. What relief does the Settlement provide? The Settlement provides $750,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a share of the Settlement based on the number of calls you received. It is presently estimated that Class Members who timely and validly file a claim may receive approximately $$ - . This amount may change as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].comby clicking HERE. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents and Claim Form, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX-XXX-XXXX. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 CLAIM FORM CLAIM FORM Section I -Instructions4 POSTCARD NOTICE If you are a person in the United States who was called with a recorded message about Divvydose between June 26, 2019 and November 1, 2019 you may be entitled to payment.

Appears in 1 contract

Samples: www.mujahidvdivvymedtcpasettlement.com

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WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC PALMCO Corporation d/b/a Indra Energy (“DivvydosePALMCO”) by an individual alleging Divvydose PALMCO made unsolicited telemarketing calls, called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose PALMCO denies wrongdoing and liability liability, and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you fit into the following definition: If you are a person in the United States who was contacted by or on behalf of the Released Parties or its affiliates promoting one or more of the Released Parties that were called by 1564 Ventures, Inc. with a pre-recorded message about Divvydose during message, automated dialing system or were called while on the Class Period. Excluded National Do Not Call Registry for at least 30 days from the Class are the Court, the officers and directors of Divvymed, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November January 1, 20192016 through September 30, 2020. What relief does the Settlement provide? The Settlement provides $750,000 1,000,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a pro rata share of the Net Settlement based on the number of calls you received. It is presently estimated that Class Members who Fund by timely and validly file submitting a claim may receive approximately $ - Claim Form. This amount may change change, as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award award, you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].comwww.[xxxx].com as well as attached to this postcard. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose PALMCO or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 345,000.45 for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 10,000 Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents court documents, and Claim FormForms, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX888-XXXxxx-XXXXxxxx. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 PUBLICATION NOTICE EXHIBIT 6 DIRECT NOTICE CLAIM FORM COURT AUTHORIZED NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT Records indicate you may have received telemarketing call promoting PALMco products between January 1, 2016 and September 30, 2020, and a class action settlement may affect your rights. You Could Get Money From A Class Action Settlement If You Return This Claim Form. XXX Xxxxxx, et al. v. Sunrun Inc. et al., First Class Mail US Postage Paid Permit # Claims Administrator P.O. Box , , «Barcode» Postal Service: Please do not mark barcode Claim #: BFG - «ClaimID» «MailRec» « Firstl» «Lastl» «CO» «Addrl» «Addr2» «City», «ST» «Zip» «Country» SETTLEMENT CLAIM FORM Section THIS CLAIM FORM MUST BE POSTMARKED BY , AND MUST BE FULLY COMPLETED. You may also submit your claim online at www. .com Instructions: Fill out each section of this form and sign where indicated. + «Barcode» Claim #: XXX-«Claim1D» - «MailRec» Name/Address Change, if any: «Firstl» «Lastl» «Addr1» «Addr2» «City», «St» «Zip» Email Address: Contact Phone #: ( ) -- (Please provide an email and phone number where you may be contacted if further information is required.) I -Instructionsattest that: (1) I believe that I am member of the Settlement Class; and (2) I received one or more phone calls and/or text messages marketing PALMco Products between January 1, 2016 and on the following telephone number owned by me: «Phone» I also certify that this is the only claim that I am submitting in connection with the above telephone number. I wish to receive any payment from this settlement by check. I understand that if I wish to receive an electronic payment to my PayPal account I must submit my claim online and provide the email address associated with my PayPal account. Signature: Date (mm/dd/yyyy): Print Name: * XXX «ClaimID» * «ClaimID» XXXXXXX + Your claim will be submitted to the Claims Administrator for review. If accepted you will be mailed a check as described in the Settlement Agreement and Release, which is available on the website below. This process takes time, please be patient. Questions, visit www. .com or call 1-XXX-XXX-XXXX EXHIBIT 7 PUBLICATION NOTICE CLAIM FORM Xxxxxxxx v. PALMco Energy PA, LLC, et al., In the United States District Court for the Western District of Pennsylvania Case No. 2:19-cv-1675 Settlement Claim Form If you are a Class Member and wish to receive a payment, your completed Claim Form must be postmarked on or before [Claims Deadline], or submitted online at [web site] on or before [Claims Deadline] Please read the full notice of this Settlement (available at [website]) carefully before filling out this Claim Form. To be eligible to receive any benefits from the Settlement obtained in this class action lawsuit, you must submit your Claim Form online or by mail: ONLINE: Visit [website] and submit your claim online This is the only way to receive your payment via Paypal

Appears in 1 contract

Samples: www.palmcotcpasettlement.com

WHAT IS THE ACTION ABOUT. The Action was filed against DivvymedShutterfly, LLC (“DivvydoseShutterfly” or “Defendant”) by an individual Plaintiff Xxxxxxxxx Xxxxxx alleging Divvydose made unsolicited telemarketing callsShutterfly engaged in deceptive advertising by advertising improper discounts on merchandise sold in its e-commerce store, called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policyXxxxxxxxxx.xxx. Divvydose Shutterfly denies wrongdoing and liability and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court No court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid and resolve the costs of continued litigationAction. Am I a Settlement Class Member? You are a “Settlement Class Member” if you are purchased from Shutterfly’s e- commerce website (xxx.xxxxxxxxxx.xxx), one or more products at discounts from an advertised reference price and have not received a person in the United States who was called by 1564 Ventures, Inc. with a recorded message about Divvydose refund or credit for your purchase(s) during the Class PeriodPeriod (April 1, 2018 until the date of the Preliminary Approval Order). Excluded from the Class are the Courtis Xxxxxxxxxx’s Counsel, the officers Xxxxxxxxxx’s officers, directors and directors of Divvymed, LLCemployees, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November 1, 2019judge presiding over the Action. What relief does the Settlement provide? The Settlement provides $750,000 Xxxxxxxxxx has agreed to pay provide each Class Member who timely submits a valid Claim Form by the Response Deadline, one (1) claims of eligible Settlement Voucher which may be applied for up to $25.00 toward any purchase at Xxxxxxxxxx.xxx. Xxxxxxxxxx has further agreed to provide to each Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a share of the Settlement based on the number of calls you received. It is presently estimated that Class Members Member who timely and validly file a claim may receive approximately $ - . This amount may change as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].com. The deadline to does not submit a Claim Form by the Response Deadline one (1) Direct Benefit Voucher which may be applied for up to $5.00 toward any purchase at Xxxxxxxxxx.xxx. Both Vouchers and Direct Benefit Vouchers will apply to the purchase prices that Shutterfly offers to the general public, will be transferable to others without restriction, and will be usable in conjunction with an available free shipping code. They will not be usable with other voucher or discount codes, will expire after one year after issuance, and will have no residual value if the amount redeemed is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]less than the voucher amount. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose or others involved with the calls at issue Shutterfly about the legal claims in the Action ever again. If you exclude yourself, you cannot receive a Voucher(s) from this Settlement. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice Notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement Settlement, and a request by the lawyers representing all Class Members (Xxxxx Xxxxxxxxx, LLP and Xxxxxx Postman LLC) for up to $262,375.00 for a Fees2,400,000 in attorneys’ fees, Costscosts, and Expenses Award, and Individual Settlement Award for the Plaintiff’s Named Plaintiff (Xxxxxxxxx Xxxxxx) who will request for a $5,000 Service Payment12,500 for her service. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents and Claim Form, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX-XXX-XXXX. You may also write to the Settlement Claims Administrator at the email address [xxxx]@[xxxx].com address: . or the postal address address: EXHIBIT D Publication Notice LEGAL NOTICE IF YOU MADE PURCHASES FROM XXXXXXXXXX.XXX BETWEEN APRIL 1, 2018 AND [AddressMONTH] [CityDAY], [State] [Zip CodeYEAR]. . EXHIBIT 5 CLAIM FORM CLAIM FORM Section I -Instructions, YOU MAY BE ELIGIBLE TO RECEIVE A VOUCHER FOR UP TO $25 OFF ANY ONLINE PURCHASE USABLE TOWARD FUTURE PURCHASES AT XXXXXXXXXX.XXX.

Appears in 1 contract

Samples: Settlement Agreement and Release

WHAT IS THE ACTION ABOUT. The Action was filed against Divvymed, LLC American Advisors Group (“DivvydoseAAG”) by an individual alleging Divvydose AAG made unsolicited telemarketing calls, calls and called numbers on the National Do Not Call Registry, and failed to maintain a “do not call” policy. Divvydose AAG denies wrongdoing and liability liability, and both sides disagree on how much, if anything, the Class could have recovered after trial. The Court has not decided which side is right. But both sides have agreed to settle the Action and provide certain benefits to Settlement Class Members in order to avoid the costs of continued litigation. Am I a Settlement Class Member? You are a “Settlement Class Member” if you are a person in regular user or subscriber to numbers assigned to wireless carriers to which a call was made or attempted by AAG, either directly or by Complete Business Marketing Company, LLC DBA Exclusive Prospect (“EP”) for the United States who benefit of AAG, using any automated telephone dialing system or artificial or prerecorded voice message, or if you are a regular user or subscriber to phone numbers that were not assigned to wireless carriers to which a call was called made or attempted by 1564 VenturesAAG either directly or by EP for the benefit of AAG, Inc. with a recorded message about Divvydose during the Class Period. Excluded from the Class are the Court, the officers and directors of Divvymed, LLC, and persons who timely and validly request exclusion from the Settlement Class. The Class Period is from June 26, 2019 through November January 1, 20192017 to May 1, 2020. What relief does the Settlement provide? The Settlement provides $750,000 3,500,000 to pay (1) claims of eligible Settlement Class Members; (2) a Fees, Costs, and Expenses Award to Settlement Class Counsel; (3) a Service Payment to Plaintiff; and (4) costs of for Settlement administration and notice. If you are a Settlement Class Member, you are eligible to receive a share of the Settlement based on the number of calls you received. It is presently estimated that Class Members who timely and validly file a claim may receive approximately $ - between $20 and $40. This amount may change change, as it depends on the number of timely and valid claims submitted by Settlement Class Members and the number of calls associated with those other Settlement Class Members’ claims. To receive a Settlement award award, you must timely complete and submit a valid Claim Form. A Claim Form is available at www.[xxxx].com. The deadline to submit a Claim Form is [Month] [Day], [Year]. If you elect to complete a Claim Form, your class member identification number is: [SAMPLE12345]. What are my other options? If you don’t want to be legally bound by the Settlement, you must exclude yourself by [Month] [Day], [Year], or you won’t be able to sue Divvydose AAG or others involved with the calls at issue about the legal claims in the Action ever again. If you stay in the Settlement, you may object to it by [Month] [Day], [Year]. The detailed notice available at www.[xxxx].com describes the claims you will be releasing if you do not request exclusion and explains how to request exclusion or to object. The Court will hold a hearing on [Month] [Day], [Year] at [time] to consider whether to approve the Settlement and a request by the lawyers representing all Class Members for up to $262,375.00 $ for a Fees, Costs, and Expenses Award, and for the Plaintiff’s request for a $5,000 $ Service Payment. You may ask to appear at the hearing, but you don’t have to. More information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents court documents, and Claim FormForms, and to learn more about how to exercise your various options under the Settlement, visit www.[xxxx].com or call 1-8XX888-XXXxxx-XXXXxxxx. You may also write to the Settlement Administrator at the email address [xxxx]@[xxxx].com or the postal address [Address] [City], [State] [Zip Code]. . EXHIBIT 5 CLAIM FORM FORMS CLAIM FORM – CELL PHONE CLAIMS Section I -Instructions- Instructions This Form must be received by the Settlement Administrator no later than [Month] [Day], [Year]. This Claim Form may be submitted in one of three ways:

Appears in 1 contract

Samples: www.tcpasettlementaag.com

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