Common use of Certification of Settlement Class Clause in Contracts

Certification of Settlement Class. The Court has considered: (1) the record in this case, including the briefing provided by Plaintiff in support of its motion for entry of this Preliminary Approval Order; (2) the terms of the Settlement Agreement and benefits to be provided to the Settlement Class; and (3) the Settlement’s elimination of any potential manageability issues that may otherwise have existed if the Litigation continued. Based on those considerations, the Court finds: A. Plaintiff has shown that, in the context of this Settlement, it will “likely be able to” meet all requirements of class certification of the Settlement Class under Fed. R. Civ. P. 23(a) and (b)(3), including: (a) numerosity, given that the Settlement Class includes thousands of members ; (b) there are questions of law and fact common to the Settlement Class; (c) Plaintiff’s claims are typical of the claims of the Settlement Class Members for purposes of the Settlement; (d) Plaintiff and Class Counsel have fairly and adequately represented the interests of the Settlement Class and will continue to do so; (e) questions of law and fact common to the Settlement Class predominate 1 Capitalized terms in this Order have the meaning ascribed to them in the Settlement Agreement. over any questions affecting any individual members; and (f) a class action provides a fair and efficient method for settling the controversy under Rule 23. B. Because the Litigation is being settled rather than litigated, the Court need not consider manageability issues that might otherwise be presented by the trial of a class action involving the issues in the Litigation. Likewise, the Court need not consider Defendants’ denial of Plaintiff’s allegations or its legal arguments. C. As such, the Court provisionally certifies the Settlement Class for settlement purposes defined as follows: All persons in the United States who have been identified by Defendants as insured under a Travel Plan purchased within the Class Period,2 and for whom a claim for trip cancellation benefits was initiated under the Travel Plan. The Parties have acknowledged that the third party administrator handling trip cancellation claims for the Travel Plans identified no more than 105,284 potential Settlement Class Members. Excluded from the Settlement Class are: (i) all persons who previously received a refund of premium from the Defendants for any Travel Plan(s) at issue in the Litigation; (ii) all persons who previously entered into a written agreement with the Defendants releasing all claims related to a Travel Plan(s) at issue in the Litigation; (iii) all insureds for whom no premium was charged under a Travel Plan; and (iv) all persons who during the Class Period were officers, directors, or employees of either of the Defendants. ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ is appointed as the Class Representative of the Settlement Class, and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇, ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ PC, are appointed as Lead Counsel for the Settlement Class.

Certification of Settlement Class. The Court has considered: (1) the record in this case, including the briefing provided by Plaintiff in support Pursuant to Federal Rule of its motion for entry of this Preliminary Approval Order; (2) the terms of the Settlement Agreement and benefits to be provided to the Settlement Class; and (3) the Settlement’s elimination of any potential manageability issues that may otherwise have existed if the Litigation continued. Based on those considerationsCivil Procedure 23, the Court finds: A. Plaintiff has shown thatconditionally certifies, in for settlement purposes only, (and for no purposes and with no other effect upon the context of this SettlementAction, it will “likely be able to” meet all requirements of class certification of including no effect upon the Settlement Class under Fed. R. Civ. P. 23(a) and (b)(3Action should the Agreement not receive Final Approval or should the Effective Date no occur), includinga class defined as the collective group of persons: (a) numerositywho financed the purchase of a motor vehicle for consumer use through BANA by means of an installment sale contract, given that or who financed the Settlement Class includes thousands of members purchased through another entity but such installment sale contract was thereafter assigned to BANA; (b) there from whom BANA, as the secured party, repossessed the vehicle or ordered it repossessed, (c) who had a Pennsylvania address as of the date of repossession; (d) who were sent a Notice of Plan to Sell Property or equivalent post-repossession notice of rights which set forth a day after which the collateral may be sold; (e) in the period commencing December 23, 2016 through February 16, 2024; and (f) where such person’s Retail Installment Sales Contract contains a choice of law provision electing Pennsylvania as the governing law. The Class does not include any individual who validly opts out of the Settlement pursuant to the procedures set forth herein. Pursuant to Federal Rule of Civil Procedure 23(a) and b(3), the Court preliminarily finds, for settlement purposes only, that: a. The Class is so numerous that joinder of all members is impracticable, as the class consists of 819 class member accounts; b. There are questions of law or fact common to the Class, including (a) whether Plaintiffs and the class entered into installment sale contracts secured by a vehicle purchased for consumer use; (b) whether ▇▇▇▇, as secured party, repossessed or ordered the repossession of the vehicles of Plaintiffs and the Class; (c) whether Plaintiffs and the class were sent Notice that understated the time period to redeem before the vehicle would be sold; and (d) whether ▇▇▇▇’s alleged understatement of the time period to redeem violates Pennsylvania law; c. Plaintiffs’ claims are typical of the Class claims, as ▇▇▇▇ sent Plaintiffs, like every member of the proposed class, the same form of Notice that Plaintiffs allege violates Pennsylvania law; d. Plaintiffs will fairly and adequately protect the interests of the Class in connection with the proposed Settlement, as Plaintiffs have no interests that appear antagonistic to the Class; e. Common questions of law and fact common predominate over questions affecting only individual Class Members, and the Class appears to the Settlement Class; (c) Plaintiff’s claims are typical be sufficiently cohesive for settlement of the claims on a class-wide basis; and, f. Certification of the Settlement Class Members is superior to other available methods for purposes of the Settlement; (d) Plaintiff and Class Counsel have fairly and adequately represented the interests of the Settlement Class and will continue to do so; (e) questions of law and fact common to the Settlement Class predominate 1 Capitalized terms in this Order have the meaning ascribed to them in the Settlement Agreement. over any questions affecting any individual members; and (f) a class action provides a fair and efficient method for settling the controversy under Rule 23. B. Because the Litigation is being settled rather than litigated, the Court need not consider manageability issues that might otherwise be presented by the trial resolution of a class action involving the issues in the Litigation. Likewise, the Court need not consider Defendants’ denial of Plaintiff’s allegations or its legal arguments. C. As such, the Court provisionally certifies the Settlement Class for settlement purposes defined as follows: All persons in the United States who have been identified by Defendants as insured under a Travel Plan purchased within the Class Period,2 and for whom a claim for trip cancellation benefits was initiated under the Travel Plan. The Parties have acknowledged that the third party administrator handling trip cancellation claims for the Travel Plans identified no more than 105,284 potential Settlement Class Members. Excluded from the Settlement Class are: (i) all persons who previously received a refund of premium from the Defendants for any Travel Plan(s) at issue in the Litigation; (ii) all persons who previously entered into a written agreement with the Defendants releasing all claims related to a Travel Plan(s) at issue in the Litigation; (iii) all insureds for whom no premium was charged under a Travel Plan; and (iv) all persons who during the Class Period were officers, directors, or employees of either of the Defendantsclaims. ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ is appointed as the Class Representative of the Settlement Class, and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇, ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ PC, are appointed as Lead Counsel for the Settlement Class.