Claims Process. 1. The Notice of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D). 2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”). 3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period. 4. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date. 5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.” 6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member. 7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member. 8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection. 9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members. 10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement. 11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 3 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Claims Process. 1. The Notice of 5.1 To receive a Settlement Payment, a Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include Member must complete a Claim Form (attached as Exhibit D)online or in hard copy and submit it to the Class Administrator by the Claims Deadline. The Class Administrator shall review and process the Claims in accordance with the guidelines set forth below.
25.2 The Claim Form will be distributed as part of the Notice Plan as described below, will be available on the Settlement Website, and may be submitted to the Class Administrator online through the Settlement Website or by U.S. mail or other regularly maintained mail delivery service.
5.3 Claim Forms must be submitted or postmarked on or before the Claims Deadline to be considered timely. The Claims Deadline will be clearly and prominently stated in the Preliminary Approval Order, the Class Notice, on the Settlement Website, and on the Claim Form.
5.4 On the Claim Form, each Claimant will be required to provide customary identifying information, including the Claimant’s name, address, email address, and telephone number. In addition, each Claimant will be required to identify which of the Class Products he or she has purchased during the Class Period. For each Class Product, the Claimant will be required to state the total number of such product(s) he or she purchased during the Class Period, and the approximate date(s) of purchase. The Claim Form may also request additional information from Claimants to provide reasonable bases for the Class Administrator to monitor for and detect fraud. Such additional information may include, for example, retailers and locations (city and state) at which the Claimant purports to have purchased the Class Products. In addition, the Claim Form will explain require the Claimant to declare that the information provided is true and correct to the best of the Claimant’s memory and knowledge.
5.5 A maximum of one Claim Form may be submitted for each household. The Class Administrator shall identify any Claim Forms that appear to seek relief on behalf of the same household (“Duplicate Claim Forms”). The Class Administrator shall designate any such Duplicate Claim Forms as invalid Claims.
5.6 The Class Administrator shall be responsible for reviewing all claims to determine their validity. The Class Administrator shall reject any Claim that does not comply in any material respect with the instructions on the Claim Form or with the terms of this Section 5, that is submitted via a Claim Form that is not reasonably complete or does not contain sufficient information to entitle the Claimant to a Settlement Payment or to enable the mailing of the Settlement Payment to the Claimant, that is submitted or postmarked after the Claims Deadline, or that the Class Administrator identifies as fraudulent. The Class Administrator shall retain sole discretion in accepting or rejecting Claims but shall be obligated to notify Claimants of rejected Claims within fifteen (15) days of the Claims Deadline or within fifteen (15) days of receipt of the Claim Form, whichever comes later, unless otherwise ordered by the Court.
5.7 The Class Administrator shall exercise, in its discretion, all usual and customary steps to prevent fraud and abuse and take any reasonable steps to prevent fraud and abuse in the claim process. The Class Administrator may, in its discretion, deny in whole or in part, any Claim to prevent actual or possible fraud or abuse.
5.8 The Class Administrator shall provide periodic updates to Class Counsel and Defendant’s Counsel regarding the status of Claim Form submissions beginning not later than fourteen (14) days after the Notice Date and continuing on a bi-weekly basis thereafter. The Class Administrator shall substantially resolve any Claims issues and substantially complete its analysis of all Claims and report to Class Counsel and Defendant’s Counsel a near-final valid claims tally, along with customary related information (such as invalid claims, average refund amount, etc.) by no later than the deadline for submitting Class Counsel to file a Motion for Final Approval. The Class Administrator shall fully resolve any Claims issues and fully complete its analysis of all Claims and report to Class Counsel and Defendant’s Counsel a final valid claims tally, by no later than three (3) days before the Final Approval Hearing. De minimis changes to final numbers reflected in Post-Distribution Accounting shall not be considered a violation of this paragraph or a breach of the Class Administrator’s duties.
5.9 Class Members who submit a timely and valid Claim Form approved by the Class Administrator shall be designated as Authorized Claimants.
5.10 Subject to Sections 5.11 and 5.12 below, an Authorized Claimant is entitled to a Settlement Payment of $1 for each Class Product he or she purchased during the Class Period, up to 12 products, without the need to present Proof of Purchase.
5.11 Claimants seeking a Settlement Payment for the purchase of more than 12 Class Products during the Class Period will need to show Proof of Purchase to be eligible for payment exceeding $12. An Authorized Claimant with Proof of Purchase is entitled to a Settlement Payment of $1 for each Class Product he or she purchased during the Class Period, up to the number of products shown in his or her Proof of Purchase, regardless of the number, and even if in excess of 12.
5.12 If the total value of all Approved Claims is less than or exceeds the funds available for distribution to Class Members in the Settlement Fund after all other expenses have been deducted, then the amounts of the Settlement Payments will be increased or reduced pro rata, as necessary, to use all funds available for distribution to Class Members. All payments to Class Members will be made in a single distribution, and any such pro rata adjustment will be calculated prior to the distribution of funds.
5.13 The Class Administrator shall pay out Approved Claims in accordance with the terms of this Agreement commencing no earlier than the later of (i) thirty (30) days after the Claims Deadline and (ii) thirty (30) days after the Effective Date. The Parties shall work with the Class Administrator to choose a manner of payment that is secure, cost-effective, and convenient for Authorized Claimants.
5.14 Any person that receives a Settlement Payment will be solely responsible for any taxes or tax-related expenses owed or incurred by that person by reason of that Settlement Payment. Such taxes and tax-related expenses will not be paid from the Settlement Fund. In no event ▇▇▇▇ ▇▇▇▇▇, the Class Representative, Class Counsel, the Class Administrator, or any of the other Released Parties have any responsibility or liability for taxes or tax-related expenses arising in connection with the issuance of Settlement Payments or other payments made from the Settlement Fund to the Class Representative, Class Members, or any other person or entity.
5.15 Those Authorized Claimants whose payments are not cleared within one hundred and eighty (180) days after issuance will be ineligible to receive a Settlement Payment and the Class Administrator will have no further obligation to make any payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”)to such Authorized Claimants.
3. 5.16 The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form Administrator shall provide periodic reports to Class Counsel within and Defendant’s Counsel regarding the implementation of the Agreement and this Claims PeriodProcess.
4. All Settlement 5.17 The Class Members whose claims are postmarked or received at any time before the close Administrator shall provide all information gathered in investigating Claims, including, but not limited to, copies of all correspondence and email and all notes of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015Administrator, the Parties will agree to amend Exhibit A accordingly decision reached, and add all reasons supporting the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either decision, if requested by Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class MemberDefendant’s Counsel.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Claims Process. 180. The Notice of Class Action Settlement to be mailed to All Settlement Class Members upon preliminary approval making a Claim for Payment must do so by the Court will include timely completing and submitting a Claim Form (substantially in the form attached as Exhibit D).
2, and approved by the Court. The deadline for submission of a Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 shall be sixty (60) calendar days from the date initial mailing of the Forms are mailed Mailed Notice by the Settlement Administrator (the “Claims Period”), as determined by the postmark of Claim Forms submitted by mail, or by the time online submission of the Claim Form is complete.
381. The method Claim Forms will be mailed to all putative Settlement Class Members identified on the Settlement Class List. Claim Forms in English and Spanish language will also be available on the Settlement Website or by request to the Settlement Administrator. Claim Forms can be submitted by mail or online via the Settlement Website. Each Settlement Class Member will be entitled to submit only one (1) Claim for Payment for all Overdraft Fees paid from all BPNA Account(s) to which he or she was the individual or joint Account owner.
82. If a putative Settlement Class Member attempts to make a Claim for Payment other than by using the Claim Form, the Settlement Administrator may request that the person re- submit the information using the Claim Form. If a claim Claim for Payment is by returning a signed not resubmitted using the Claim Form to Class Counsel within twenty-one (21) calendar days (or the Claims Period.
4. All first business day thereafter) after the Settlement Class Members whose claims are postmarked or received at any time before Administrator’s request is mailed, the close of the Claims Period Claim for Payment shall be considered “Claiming Class Members” deemed abandoned and shall be entitled to receive their share denied without further notice. Within fourteen (14) calendar days (or the first business day thereafter) following receipt of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming that is missing required information, but has otherwise been submitted in the manner approved in this Preliminary Approval Order, the Settlement Administrator shall notify the claiming Settlement Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member Member by mail of the Settlement Class, Class Counsel will send a copy of deficiency(ies) affecting the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a claiming Settlement Class Member shall have twenty-one (21) calendar days (or the first business day thereafter) from the Settlement Administrator’s transmission of this notice, or until the end of the Claims Period, whichever is later, to cure the stated deficiency(ies) by mail, email or another manner deemed sufficient by the Settlement Administrator. The untimely submission of a Claim Form is not a curable deficiency.
83. If multiple Claims for Payment are submitted with respect to any Account, only the last-received timely Claim for Payment will be considered by the Settlement Administrator.
84. If a single Claim for Payment is submitted on a joint Account, the full amount of any Qualified Claim pertaining to that joint Account will be paid to the claiming Settlement Class Member for that joint Account, and a Claim Form shall not be permitted to exclude himself or herself considered deficient if submitted for a qualifying joint Account, but signed by less than all joint Account owner(s). However, if any Account Holder for a joint Account has excluded themselves from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period Settlement Class pursuant to Paragraph 100, the specific instructions set forth in Claim for Payment submitted by a joint Account Holder for the Notice and in Section VII of this agreementsame joint Account will not be deemed a Qualified Claim with respect to that joint Account only.
85. Except If multiple Claims for those Payment are submitted by different Settlement Class Members who timely on a joint Account, and properly request exclusioneach Claim is a Qualified Claim, all the eligible Settlement Class Members Member Payment will be bound distributed by this Settlementthe Settlement Administrator in pro rata, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims equal amounts to both (all) Settlement Class Members.
1086. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or A Settlement Class Member may submit a Claim for Payment for Overdraft Fees, even if he or she is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to not identified on the Settlement Class Member’s estate orList and/or Settlement Spreadsheet (“Unidentified Claimant.”).
87. The following information, at a minimum, shall be submitted by Unidentified Claimants:
a. a Claim Form substantially in the event there is no estateform attached as Exhibit 2, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; b. current mailing address and (5if available) other relatives.email address and telephone number;
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1. The Notice of Class Action Settlement to be mailed to 5.1 A Settlement Class Members upon preliminary approval by the Court will include Member must submit a Claim Form (attached as Exhibit D).
2in order to make a claim, either by mail or online. To be valid, the Claim Form must contain the full name, mailing address of the Settlement Class Member, and the telephone number at which he or she can be reached. The Claim Form will explain that must also include the deadline for submitting claims for payment from telephone number(s) the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within maintains received the Claims Period.
4. All Settlement Class Members whose claims are postmarked Cell Phone Calls from or received at any time before the close on behalf of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined belowDefendants. Claim Forms postmarked submitted by mail must be post-marked by the last day of the Claim Period. Claim Forms submitted through the Settlement Website must be submitted on or before the last day of the Claim Period. The Settlement Class Member must sign the claim form, verifying that all information on the form is accurate and that the Settlement Class Member received allegedly unlawful calls from or on behalf of the Defendants. Claim forms submitted online shall allow for electronic signature.
5.2 No later than fifteen days after the close of the Claims Period shall be accepted if received before Claim Period, the Final Approval Hearing Settlement Administrator will review each claim that is submitted within the Claim Period. If the claim is timely, sets forth the information required in Section 5.1, is signed (by written or electronic signature), and submitted is not duplicative of a previously approved claim, then the Settlement Administrator will approve the claim. If a claim is denied as deficient in good faith within twenty (20) that it lacks a signature or any of the information required in Section 5.1, the Settlement Administrator will provide the Settlement Class Member with an opportunity to cure the deficiency by sending an email or letter describing the deficiency and informing the Settlement Class Member that he or she has fourteen days after to correct the 90th day from the Notice Date.
5issue. The Named Plaintiffs Settlement Administrator will not provide reports weekly to the Parties’ counsel on the number of claims that are received, the number that were denied, the number found to be required to submit a Claim Form deficient, and are automatically considered “Claiming Class Members.”
6the number that were approved as well as the number of requests for exclusion and objections received, along with copies of both. If Class Counsel receives there are any disputes over the validity of a Claim Form from a person not currently recognized as a member of claim, the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. DefendantsParties’ counsel will produce any record of court eventsattempt to resolve such disputes between themselves, arrestsand if not successful, and/or jailings in the possession of disputes will be promptly presented to the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Memberresolution.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or 5.3 Each Settlement Class Member is deceasedentitled to make only a single claim, upon receipt of proper identification and documentation regardless of the payee’s interest, payment will number of calls claimed to be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesreceived on any cellular number.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Claims Process. 124. The Notice This Settlement Agreement provides for collective recovery in the amount of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D).
2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3and Refund Eligible Members will be subject to an individual claims process. The method electronic Pre-Approval Notice will provide Refund Eligible Members with a customized hyperlink to click on if they wish to claim a Refund, and the paper mail Pre-Approval Notice will provide Refund Eligible Members a unique identification number for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within use on the Claims Period.
4Administrator Website to claim a Refund. All Settlement Class Members whose The online claims are postmarked or received at any time before the close of process shall allow the Claims Period shall Administrator to immediately identify each Refund Eligible Member who clicks on said customized hyperlink or, for Refund Eligible Members who received the paper mail Pre- Approval Notice, enters the unique identifier as a Refund Claimed Member (without, in either case, any further action or steps required to be considered “Claiming Class Members” and shall identified). Payment will be entitled to receive their share of the Settlement Funds as outlined belowprovided by an Interac e-transfer. Claim Forms postmarked after the close of Once identified through the Claims Period shall be accepted if Administrator Website, Refund Eligible Members who received before the Final paper mail Pre-Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not also be required to submit provide an email address. Refund Eligible Members having received a Claim Form customized hyperlink by email and are automatically considered “Claiming Class Membershaving clicked on said customized hyperlink will not have to provide any further information to process payment, given that the Claims Administrator will process the payment by Interac e-transfer by using the same email address used to provide this Refund Eligible Member with a customized hyperlink.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years25. If the Parties agree that these documents show that the individual had Claims Administrator receives a Bounce Back using an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit email address associated with an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate Account or, in the event there is that an Amazon Class Member has no estateemail address associated with its Account, a Mail Delivery Failure using the mailing address associated with its Account, no further action will be required on the part of the Claims Administrator or the Parties to communicate with such member.
26. Refund Eligible Members will have until March 12, 2024 to click on the hyperlink to claim a Refund or to enter their unique identification number on the Claims Administrator Website, to provide an email address (for the Refund Eligible Members who received the paper mail Pre-Approval Notice) and be considered a Refund Claimed Member.
27. All Claims for Refunds from Amazon Class Members must be submitted and received by the Claims Administrator by the Deadline for Submitting a Claim. The Deadline for Submitting a Claim will be clearly stated in the Pre-Approval Notice and on the Class Action Webpage. Amazon Class Members who do not Claim a Refund by the Deadline for Submitting a Claim will no longer be eligible to receive a Refund under this Settlement Agreement but will be bound by the remaining terms and conditions as provided for by law and the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesApproval Order.
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1. The Notice of 5.1 To receive a Settlement Payment, a Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include Member must complete a Claim Form (attached as Exhibit D)online or in hard copy and submit it to the Class Administrator by the Claims Deadline. The Class Administrator shall review and process the Claims in accordance with the guidelines set forth below.
25.2 The Claim Form will be distributed as part of the Notice Plan as described below, will be available on the Settlement Website, and may be submitted to the Class Administrator online through the Settlement Website or by U.S. mail or other regularly maintained mail delivery service.
5.3 Claim Forms must be submitted or postmarked on or before the Claims Deadline to be considered timely. The Claims Deadline will be clearly and prominently stated in the Preliminary Approval Order, the Class Notice, on the Settlement Website, and on the Claim Form.
5.4 On the Claim Form, each Claimant will be required to provide customary identifying information, including the Claimant’s name, address, email address, and telephone number. In addition, each Claimant will be required to identify which of the Class Products he or she has purchased during the Class Period. For each Class Product, the Claimant will be required to state the total number of such product(s) he or she purchased during the Class Period, and the approximate date(s) of purchase. The Claim Form may also request additional information from Claimants to provide reasonable bases for the Class Administrator to monitor for and detect fraud. Such additional information may include, for example, retailers and locations (city and state) at which the Claimant purports to have purchased the Class Products. In addition, the Claim Form will explain require the Claimant to declare that the deadline information provided is true and correct to the best of the Claimant’s memory and knowledge.
5.5 A maximum of one Claim Form may be submitted for submitting each household. The Class Administrator shall identify any Claim Forms that appear to seek relief on behalf of the same household (“Duplicate Claim Forms”). The Class Administrator shall designate any such Duplicate Claim Forms as invalid Claims.
5.6 The Class Administrator shall be responsible for reviewing all claims to determine their validity. The Class Administrator shall reject any Claim that does not comply in any material respect with the instructions on the Claim Form or with the terms of this Section 5, that is submitted via a Claim Form that is not reasonably complete or does not contain sufficient information to entitle the Claimant to a Settlement Payment or to enable the mailing of the Settlement Payment to the Claimant, that is submitted or postmarked after the Claims Deadline, or that the Class Administrator identifies as fraudulent. The Class Administrator shall retain sole discretion in accepting or rejecting Claims and shall have no obligation to notify Claimants of rejected Claims unless otherwise ordered by the Court.
5.7 The Class Administrator shall exercise, in its discretion, all usual and customary steps to prevent fraud and abuse and take any reasonable steps to prevent fraud and abuse in the claim process. The Class Administrator may, in its discretion, deny in whole or in part, any Claim to prevent actual or possible fraud or abuse.
5.8 The Class Administrator shall provide periodic updates to Class Counsel and Defendant’s Counsel regarding the status of Claim Form submissions beginning not later than fourteen (14) days after the Notice Date and continuing on a bi-weekly basis thereafter.
5.9 Class Members who submit a timely and valid Claim Form approved by the Class Administrator shall be designated as Authorized Claimants.
5.10 Subject to Sections 5.11 and 5.12 below, an Authorized Claimant is entitled to a Settlement Payment of $1 for each Class Product he or she purchased during the Class Period, up to 12 products, without the need to present Proof of Purchase.
5.11 Claimants seeking a Settlement Payment for the purchase of more than 12 Class Products during the Class Period will need to show Proof of Purchase to be eligible for payment exceeding $12. An Authorized Claimant with Proof of Purchase is entitled to a Settlement Payment of $1 for each Class Product he or she purchased during the Class Period, up to the number of products shown in his or her Proof of Purchase, regardless of the number, and even if in excess of 12.
5.12 If the total value of all Approved Claims is less than or exceeds the funds available for distribution to Class Members in the Settlement Fund after all other expenses have been deducted, then the amounts of the Settlement Payments will be increased or reduced pro rata, as necessary, to use all funds available for distribution to Class Members. All payments to Class Members will be made in a single distribution, and any such pro rata adjustment will be calculated prior to the distribution of funds.
5.13 The Class Administrator shall pay out Approved Claims in accordance with the terms of this Agreement commencing no earlier than the later of (i) thirty (30) days after the Claims Deadline and (ii) thirty (30) days after the Effective Date. The Parties shall work with the Class Administrator to choose a manner of payment that is secure, cost-effective, and convenient for Authorized Claimants.
5.14 Any person that receives a Settlement Payment will be solely responsible for any taxes or tax-related expenses owed or incurred by that person by reason of that Settlement Payment. Such taxes and tax-related expenses will not be paid from the Settlement Fund. In no event ▇▇▇▇ ▇▇▇▇▇, the Class Representative, Class Counsel, the Class Administrator, or any of the other Released Parties have any responsibility or liability for taxes or tax-related expenses arising in connection with the issuance of Settlement Payments or other payments made from the Settlement Fund to the Class Representative, Class Members, or any other person or entity.
5.15 Those Authorized Claimants whose payments are not cleared within one hundred and eighty (180) days after issuance will be ineligible to receive a Settlement Payment and the Class Administrator will have no further obligation to make any payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”)to such Authorized Claimants.
3. 5.16 The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form Administrator shall provide periodic reports to Class Counsel within and Defendant’s Counsel regarding the implementation of the Agreement and this Claims PeriodProcess.
4. All Settlement 5.17 The Class Members whose claims are postmarked or received at any time before the close Administrator shall provide all information gathered in investigating Claims, including, but not limited to, copies of all correspondence and email and all notes of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015Administrator, the Parties will agree to amend Exhibit A accordingly decision reached, and add all reasons supporting the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either decision, if requested by Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class MemberDefendant’s Counsel.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Claims Process. 1. The Notice of
13.1 Every Settlement Class Action Member who wishes to receive a Settlement Payment must submit a Claim Form to the Settlement Administrator.
13.2 Claim Forms will be mailed made available to Settlement Class Members upon preliminary approval by the Court Settlement Administrator on the Settlement Website following the Settlement Approval Order. Claim Forms may be completed online and submitted electronically to the Settlement Administrator, or printed from the Settlement Website and mailed to the Settlement Administrator at the address provided in the Notice of Settlement Approval.
13.3 Settlement Class Members are not required to submit proof of purchase. No Settlement Class Member may claim compensation, even with proof of purchase, in respect of more than 30 bottles of Dial Complete.
13.4 All Settlement Claims received or postmarked prior to the Claims Deadline will include be considered by the Settlement Administrator and deemed either valid (as meeting the requirements of this Agreement) or invalid (as failing to meet the requirements of this Agreement). All Settlement Claims received or postmarked after the Claims Deadline will be deemed invalid.
13.5 After the Final Order Date, the Settlement Administrator will send each Eligible Claimant a Settlement Payment via PayPal, using the email address provided in their Claim Form. If an Eligible Claimant does not have a PayPal account connected to the email provided in their Claim Form, they must set up such an account in order to accept their Settlement Payment. No Settlement Payments will be delivered to any Eligible Claimant before the Final Order Date.
13.6 All Settlement Payments will be made directly and exclusively to the Eligible Claimant. No Settlement Class Member or Eligible Claimant may assign or otherwise transfer his or her rights under this Agreement.
13.7 Every Settlement Class Member who submits a Claim Form (attached as Exhibit D).
2deemed invalid by the Settlement Administrator will receive a Notice of Denied Claim. The Settlement Administrator will not alert Settlement Class Members to deficiencies in their Claim Forms, nor will the Settlement Administrator provide opportunities to cure deficiencies. The Settlement Administrator’s decision regarding the validity of a Claim Form will explain that the deadline for submitting claims for payment is final. There is no right of appeal from the Settlement Fund is 90 days from Administrator’s decision regarding the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close validity of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those 13.8 Settlement Class Members who timely and properly request exclusion, all Settlement Class Members submit Claim Forms that are not postmarked before the Claims Deadline or submitted online before the Claims Deadline will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for receive any mistake payment or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves communication from the Settlement and will not solicit Settlement Class Members to exclude themselves from the SettlementAdministrator.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 1 contract
Claims Process. 1. The Notice of 13.1 Every Settlement Class Action Member who wishes to receive a Settlement Payment must submit a Claim Form to the Settlement Administrator.
13.2 Claim Forms will be mailed made available to Settlement Class Members upon preliminary approval by the Court Settlement Administrator on the Settlement Website following the Settlement Approval Order. Claim Forms may be completed online and submitted electronically to the Settlement Administrator, or printed from the Settlement Website and mailed to the Settlement Administrator at the address provided in the Notice of Settlement Approval.
13.3 Settlement Class Members are not required to submit proof of purchase. No Settlement Class Member may claim compensation, even with proof of purchase, in respect of more than 30 bottles of Dial Complete.
13.4 All Settlement Claims received or postmarked prior to the Claims Deadline will include be considered by the Settlement Administrator and deemed either valid (as meeting the requirements of this Agreement) or invalid (as failing to meet the requirements of this Agreement). All Settlement Claims received or postmarked after the Claims Deadline will be deemed invalid.
13.5 After the Final Order Date, the Settlement Administrator will send each Eligible Claimant a Settlement Payment via PayPal, using the email address provided in their Claim Form. If an Eligible Claimant does not have a PayPal account connected to the email provided in their Claim Form, they must set up such an account in order to accept their Settlement Payment. No Settlement Payments will be delivered to any Eligible Claimant before the Final Order Date.
13.6 All Settlement Payments will be made directly and exclusively to the Eligible Claimant. No Settlement Class Member or Eligible Claimant may assign or otherwise transfer his or her rights under this Agreement.
13.7 Every Settlement Class Member who submits a Claim Form (attached as Exhibit D).
2deemed invalid by the Settlement Administrator will receive a Notice of Denied Claim. The Settlement Administrator will not alert Settlement Class Members to deficiencies in their Claim Forms, nor will the Settlement Administrator provide opportunities to cure deficiencies. The Settlement Administrator’s decision regarding the validity of a Claim Form will explain that the deadline for submitting claims for payment is final. There is no right of appeal from the Settlement Fund is 90 days from Administrator’s decision regarding the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close validity of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those 13.8 Settlement Class Members who timely and properly request exclusion, all Settlement Class Members submit Claim Forms that are not postmarked before the Claims Deadline or submitted online before the Claims Deadline will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for receive any mistake payment or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves communication from the Settlement and will not solicit Settlement Class Members to exclude themselves from the SettlementAdministrator.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 1 contract
Claims Process. 1. The Notice of Class Action A Settlement Claim as to a Settlement Benefit shall be mailed to Settlement Class Members upon preliminary approval by the Court will include deemed an Approved Claim, and a Claim Form shall be deemed a Valid Claim Form, only if and only to the extent both the Settlement Claim and Claim Form in question meet all requirements of ¶ 2.1 that are applicable to such Settlement Claim, Settlement Benefit and Claim Form. The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether and, if so, to what extent a Settlement Claim is to be deemed an Approved Claim and a Claim Form is to be deemed a Valid Claim Form under the preceding sentence of this ¶ 2.2. In addition to the procedure set forth below for review and approval of Claim Forms, the Settlement Administrator may reject a Claim Form where there is evidence of fraud (attached as Exhibit Ddetermined under the Settlement Administrator’s policies and procedures and approved by the Parties).
22.2.1. The Upon receipt of an incomplete or unsigned Claim Form will explain or a Claim Form that the deadline for submitting claims for payment from is not accompanied by sufficient documentation or information to determine whether and if so to what extent the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim included in such Claim Form should be deemed an Approved Claim, the Settlement Administrator shall request additional information (“Claim Supplementation”) and give the claimant 30 days to Class Counsel within provide the Claims Period.
4requested Claim Supplementation before rejecting the claim. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period Requests for Claim Supplementation shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith made within twenty (20) 30 days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class MemberDeadline. In the event of a dispute over a Claim Form, including but not limited to situations arising under unusual circumstances interfering with compliance during the preceding paragraph30-day period, the Court claimant may request and, for good cause shown (e.g., illness, military service, out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall retain jurisdiction be given a reasonable extension of the 30-day deadline in which to adjudicate comply; however, in no event shall the dispute raised by a Party or a putative deadline be extended to later than 30 days from the Effective Date. If the requested Claim Supplementation is not timely provided, then the Claim Form will be deemed invalid and the Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member Claim shall not be permitted deemed an Approved Claim.
2.2.2. Prior to exclude himself determining that any Settlement Claim is or herself from is not to be deemed an Approved Claim and any Claim Form is or is not to be deemed a Valid Claim Form under ¶ 2.2, the Settlement, Settlement Administrator shall offer Defendants’ counsel and Class Counsel an opportunity to review and comment on any or submit an objection all Settlement Claims and Claim Forms and provide additional information to the Settlement, unless he Settlement Administrator regarding the approval of any Settlement Claims or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10Claim Form. The Parties and their counsel in any event agree that none no determination that any Settlement Claim is to be deemed an Approved Claim or any Claim Form is to be deemed a Valid Claim Form shall be deemed to constitute a finding against or in favor of them will encourage any Party, or an admission or waiver by any Party, as to any matter of fact, law or evidence having any collateral effect on any claim in the Litigation or in any other proceeding before any other forum or authority. The Parties further agree that no such determination that any Settlement Class Members Claim is to exclude themselves from be deemed an Approved Claim or any Claim Form is to be deemed a Valid Claim Form shall be submitted to or admissible in any other proceeding or before any other forum or authority. Following this process, the Settlement and will not solicit Settlement Class Members Claims Administrator shall provide a report (the “Calculation Report”) to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of Parties determining the payee’s interest, payment will be made aggregate amount that Defendant ▇▇▇▇▇▇’▇ Bay Company shall pay to the Settlement Class Member’s estate or, Members along with instructions for payment of that amount and a completed W-9 for the payee of the amount (the “HBC Payment”) shall be provided by the Settlement Administrator to HBC.
2.2.3. Following expiration of the Claims Deadline and all deadlines applicable to all requests for Claim Supplementation and following the process in the event there is no estateforegoing sections, to the Settlement Administrator shall within 30 days determine whether and if so to what extent each Settlement Claim shall be deemed an Approved Claim.
2.2.4. The Settlement Administrator shall provide periodic updates to Class Member’s next Counsel and Defendants regarding Claim Form submissions beginning within 30 business days after the commencement of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; Notice Program continuing on a weekly basis thereafter through the Claims Deadline and (5) other relativesthereafter as needed.
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1. All Claims must be submitted with a Claim Form and received by the Claims Administrator through the interactive Settlement Website or postmarked by the Claims Deadline. The Claims Deadline shall be one hundred twenty (120) calendar days following the Notice of Date. The Claims Deadline shall be clearly set forth in the Class Action Notice, the Settlement to be mailed to Website, and on the Claim Form. Settlement Class Members upon preliminary approval by the Court will include who fail to submit a Claim Form (attached as Exhibit D)by the Claims Deadline shall not be eligible for an Award but shall be considered a Releasing Party and subject to the Release contained within this Agreement for all purposes.
2. The Claim Form will explain that the deadline for submitting claims for payment from be available on the Settlement Fund is 90 days from Website. The Claim Form will be mailed to Settlement Class Members upon request by calling or writing to the date Claims Administrator. Settlement Class Members may submit their completed and signed Claim Forms to the Forms are mailed (Claims Administrator by mail or online, postmarked or received through the “Settlement Website, on or before the Claims Period”)Deadline.
3. Claim Forms must be signed by the Claimant by hand or electronically under penalty of perjury. The method Claim Form shall be approved by the Court and will be substantially in the form to be agreed upon by the Parties and must include the following information and/or affirmations:
a. Claimant’s name, address, and telephone number;
b. Identification of the quantity and type of Product(s) for a putative which the Claim is made;
c. Affirmation that the Product(s) was/were purchased in the United States during the Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims PeriodPeriod for personal or household use; and
d. Proof of Purchase for all Products claimed that exceed ten (10).
4. All Claims submitted for more than ten (10) Products shall include Proof of Purchase and the Claim Form shall conspicuously notify Settlement Class Members whose claims are postmarked that failure to include Proof of Purchase for such Claims will result in the Claim being rejected for Products in excess of ten (10), and that submission of false or received at any time before fraudulent Claims will result in the close Claim being rejected in its entirety. Submission of multiple Claim Forms from the same household or by the same Settlement Class Member or Claimant will be subject to audit by the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds Administrator for validity, as outlined below. Claim Forms postmarked after the close of will any other Claims the Claims Period shall be accepted if received before the Final Approval Hearing Administrator so chooses, in accordance with standard and submitted in good faith within twenty (20) days after the 90th day from the Notice Datereasonable claims administration procedures.
5. The Named Plaintiffs Claims Administrator shall administer the monetary relief for Settlement Class Members provided by this Agreement by resolving Claims in a cost- effective and timely manner consistent with the terms of this Agreement and the orders of the Court. The Claims Administrator shall maintain records of all Claims submitted until at least three hundred sixty-five (365) calendar days after the Payment Distribution Date and such records will not be made available upon request to Class Counsel and Defendant’s Counsel. Upon request by Class Counsel or Defendant’s Counsel, the Claims Administrator shall provide reports totaling: (a) the number of Claims submitted; (b) the number of Products claimed; (c) the number of Claims for more than ten (10) Products for which proofs of purchase have been submitted; (d) the number of individuals who properly and timely exercised their right to opt-out of the Settlement Class pursuant to the term of this Agreement, and; (e) such other information as reasonably required for Good Health® or Class Counsel to submit a exercise their rights under this Agreement. Claim Form Forms and are automatically considered “Claiming supporting documentation will be kept confidential by the Claims Administrator and will be provided only to the Court upon request, except that Class MembersCounsel and Defendant’s Counsel shall have access to the Claim Forms and supporting documentation upon request to the Claims Administrator. The Claims Administrator also shall provide such reports and such other information as the Court may require.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member The Claims Administrator will use adequate and customary standards to prevent the payment of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest fraudulent and jailing for failure duplicative Claims and to pay fines only legitimate Claims. The Claims Administrator shall make all determinations concerning the eligibility and costs assessed by the Municipal Court within the period from September 8amount of payment for submitted Claims, 2013, and mail notice of rejection to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether Members whose Claims have been rejected in whole or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Memberin part. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from disagrees with the Settlementdetermination, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon may send a letter or an e-mail to the Claims Administrator within ten days of receipt of proper identification and documentation the rejection requesting reconsideration of the payee’s interestrejection, payment will be made to and the Settlement Claims Administrator shall reconsider such determination, which reconsideration shall include consultation with Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.Counsel and
Appears in 1 contract
Sources: Class Action Settlement Agreement
Claims Process. 1. The Notice of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D).
2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Each Settlement Class Member shall be entitled to submit a claim is for a cash payment as set forth below. The period for submitting such claims shall commence upon the Notice Date and continue for no less than 90 days (the “Notice Period”). The Settlement Administrator shall, subject to the supervision of the Court, administer the relief provided by returning this Stipulation by processing Claim Forms in a signed Claim Form rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Stipulation. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices, and such records will be made available to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015Defendant’s Counsel, the Parties will agree and their representatives promptly upon request. The Settlement Administrator shall also provide reports and other information to amend Exhibit A accordingly and add the individual Court as a the Court may require. The Settlement Class Member. Administrator shall promptly provide Class Counsel will inform and Defendant’s Counsel with information concerning Notice, administration and implementation of the individual whether Stipulation. Should the Court request or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as should it be reasonably advisable to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraphdo so, the Court Parties, in conjunction with the Settlement Administrator, shall retain jurisdiction to adjudicate the dispute raised by submit a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection timely report to the SettlementCourt summarizing the work performed by the Settlement Administrator. Without limiting the foregoing, unless he or she does so in writing during the Claims Period pursuant Settlement Administrator shall:
i. upon request, promptly forward to Defendant’s Counsel and Class Counsel, copies of all documents and other materials relating to the specific instructions set forth in administration of the Notice and in Section VII of this agreementStipulation;
ii. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement receive requests from Class Members to exclude themselves from the Settlement Class and will not solicit promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any requests for exclusion from Class Members after the Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
iii. provide reports and summaries, as requested, to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the identity of the Settlement Class Members Members;
iv. employ reasonable procedures to exclude themselves from screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement.
11Settlement Administrator determines that there is evidence of fraud. Where The Settlement Administrator will review each Claim Form based upon the initial submission by a named Plaintiff or Settlement Class Member and ensure that each is deceasedcomplete, upon receipt properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of proper identification this Agreement. The Settlement Administrator is empowered to pay legitimate and documentation of valid claims only.
v. prepare a declaration attesting to compliance with the payeeClass Notice requirements set forth below and identifying all opt-outs and/or objectors. Such declaration shall be provided to Defendant’s interest, payment will be made Counsel and Class Counsel for filing with the Court no later than fourteen (14) days prior to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesFinal Approval Hearing.
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 175. Pursuant to Paragraph 13, each Settlement Class Member has already submitted a Claim for the purpose of this Agreement. A Settlement Class Member will not be allowed to supplement, amend, or change their Claim at this time and the Settlement Administrator shall process all Claims as submitted to the Fund and/or The Contingent. The Notice Settlement Administrator shall determine the amount of Class Action any Settlement Payment to be mailed paid by applying the same criteria—other than racial self-identification— as The Contingent did to similar Claims. In processing a Claim, the Settlement Administrator may rely on any processing The Contingent already performed with respect to that Claim.
76. All Claims shall be subject to such anti-fraud procedures as the Settlement Administrator shall adopt in its discretion. The Settlement Administrator shall be responsible for developing an appropriate plan to audit Claims.
77. Within 30 days of the Effective Date, the Settlement Administrator shall submit a report to the State Defendants and Class Counsel of all Claims eligible for a Settlement Payment as defined by Paragraph 70. The State Defendants shall then transfer to the Settlement Administrator an amount equal in value to the total Settlement Amount of those Claims, less the amounts of Claims submitted by Settlement Class Members upon preliminary approval by who opted out of this Agreement (“Settlement Fund”). The Settlement Fund shall be made with moneys other than those comprising the Court will include a Claim Form (attached as Exhibit D)Fund.
278. Within 90 days after the Effective Date, the Settlement Administrator shall distribute Settlement Payments to each Claimant entitled to receive them under the provisions of Paragraph 71. Settlement Payments made by check shall have an appropriate legend to indicate that such payments are Settlement Payments.
79. The Claim Form will explain that Settlement Administrator shall make one and only one attempt to re- mail any returned check to the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3extent updated address information can be obtained through reasonable efforts. The method for a putative Settlement Administrator shall provide no more than one such check to each Settlement Class Member and shall do so at no cost to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Periodrecipient. Checks shall be valid for 180 days. After expiration of any check, the State Defendants will conduct an escheatment process in accordance with the State Defendants’ standard practice and applicable law.
480. All Settlement Class Members whose claims are postmarked or received at any time before Within the close parameters set forth in this Section X, further specific details of the Claims Period process shall be considered “Claiming Class Members” and shall be entitled subject to receive their share the agreement of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of and the Settlement Class, Class Counsel will send a copy of the form received to State Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Formthat the Settlement Administrator determines, including but not limited in its discretion, that any adjustment to situations arising under the preceding paragraphClaims process or deadlines is called for, the Court Settlement Administrator shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. confer with Class Counsel shall be solely responsible for any mistake or error in and the validation or payment of claims to Settlement Class Members.
10State Defendants. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will Changes may be made to the Settlement Claims process set forth in this Section X, by agreement between Class Member’s estate orCounsel and the State Defendants, in order to facilitate the event there is no estateworking of the Claims process or accomplishment of the goals of the Claims process, subject to approval by the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesCourt.
Appears in 1 contract
Sources: Settlement Agreement