Common use of Class Settlement Procedures Clause in Contracts

Class Settlement Procedures. 52. Plaintiffs shall file with the Court a motion for preliminary approval of the Settlement (“Motion for Preliminary Approval of the Settlement”), along with this Agreement and all exhibits hereto, and move for entry of the Preliminary Approval Order, which Order shall be substantially in the form attached hereto as Exhibit 4. 53. Solely for purposes of the Settlement, Plaintiffs will request as part of the Preliminary Approval Order and Final Approval Order that the Court: (a) approve the terms of the Agreement as fair, adequate, and reasonable; (b) certify this Action as a class action pursuant to Rules 23(a), (b)(3), and (e) of the Federal Rules of Civil Procedure and approve the definition of the Settlement Class; (c) appoint Plaintiffs to serve as the Settlement Class Representatives; (d) appoint Plaintiffs’ Counsel to serve as Settlement Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure; (e) approve the appointment of ▇▇▇▇▇ Settlement Administration as Settlement Administrator; (f) approve the form and content of the Notices; (g) approve the procedures for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (h) stay the Action pending Final Approval of the Settlement; and (i) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel, and Defendants’ Counsel. 54. For purposes of this Settlement only, Plaintiffs and Defendants agree to ask the Court to certify the following “Settlement Class” under Rules 23(a), (b)(3), and (e) of the Federal Rules of Civil Procedure: All persons in the United States who, between September 1, 2018, and September 1, 2024, 1) were sent a “marketing”* text message from Defendants, 2) thereafter responded with the word “stop” or the equivalent, and 3) thereafter received a marketing text message from Defendants. * Marketing means offering or advertising the commercial availability or quality of any property, goods, products, or services. The following are excluded from the Settlement Class: (1) the trial judge presiding over this Action; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants;

Class Settlement Procedures. 521. Plaintiffs shall file with As soon as practicable, but no later than 14 days after the Court a motion for preliminary approval execution of the Settlement (“Agreement, Representative Plaintiffs, by and through Class Counsel, must file a motion pursuant to Fed. R. Civ. P. 15(a) seeking leave to file an amended complaint to assert allegations in support of and to seek certification of the Settlement Class, in form and substance to be approved by Defendants’ Counsel. 2. As soon as practicable, but no later than 14 days after the execution of the Settlement Agreement, Representative Plaintiffs, by and through their Class Counsel, in consultation with Defendants’ Counsel, must also file a Motion for Preliminary Approval of the Settlement”), along with this Settlement Agreement and all exhibits hereto, and move for seek entry of the Preliminary Approval OrderOrder requesting, which Order shall be substantially in the form attached hereto as Exhibit 4. 53. Solely for purposes of the Settlementinter alia, Plaintiffs will request as part of the Preliminary Approval Order and Final Approval Order that the Court: (1) conditionally certify the Settlement Class for settlement purposes only; (2) appoint SHC and LOMG as Class Counsel; (3) preliminarily approve the proposed Settlement Agreement as set forth herein; (4) approve the notice procedures and the contents of the Class Notice, Radio Publication Notice, and poster; (5) approve the Claim Form; (6) establish the Final Claims Bar Date, the Opt-Out Deadline, and Objection Date; and (7) set a date for the Final Approval Hearing. 3. Any Settlement Class Member who wishes to opt out of participation in the Settlement Class must submit an Opt-Out Notice on or before the Opt-Out Deadline, which must be received by the Claims Administrator no later than three days after the Opt-Out Deadline. Settlement Class Members who submit timely, valid Opt-Out Notices in accordance with the requirements specified in the Class Notice will neither receive any benefits of, nor be bound by the terms of, this Settlement Agreement. 4. If a Settlement Class Member submits a timely, valid Opt-Out Notice, he or she may not file an objection to the settlement. 5. The Claims Administrator must send email notice to Class Counsel and Defendants’ Counsel of any Opt-Out Notice within seven (7) business days of receipt and indicate for each such Opt-Out Notice whether the notice is timely and conforms to the requirements of this Settlement Agreement. 6. The Claims Administrator must file with the Court a report with the names of Settlement Class Members who have submitted timely, valid Opt-Out Notices together with copies of the Opt-Out Notices no less than seven (7) days before the Final Approval Hearing. 7. Any Settlement Class Member who does not submit a valid Opt-Out Notice may, but need not, appear at the Final Approval Hearing, at the Settlement Class Member’s own expense, individually or through counsel of the Settlement Class Member’s choice. Each Settlement Class Member and/or his or her attorney who intends to appear at the Final Approval Hearing must file an appearance with the Court at least ten (10) business days before the Final Approval Hearing and serve a copy of the notice of appearance on the Claims Administrator at the time of filing. The Claims Administrator must notify Class Counsel and Defendants’ Counsel of any appearance within three (3) days of receipt. 8. The proposed Preliminary Approval Order must provide that any Settlement Class Member who wishes for any objection to be considered must file a written notice of objection with the Claims Administrator, which must be received by the Claims Administrator no later than three days after the Objection Date. Each notice of objection must state the name; address; and telephone number of the person and provide proof of membership in the Settlement Class; whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered. The Parties reserve the right to take discovery of any objector to confirm that he or she is actually a Settlement Class Member. 9. The proposed Preliminary Approval Order must also provide that any objection not properly or timely served and filed in accordance with the requirements set forth in the Preliminary Approval Order will not be heard during the Final Approval Hearing, nor considered by the Court. 10. In order to receive a Settlement Payment, a Settlement Class Member must complete and timely return to the Claims Administrator on or before the Final Claims Bar Date a Claim Form complying with the procedures specified in the Class Notice and Claim Form. Claim Forms may be submitted by mail, by e-mail, through the website hosted and maintained by the Claims Administrator, or in person to the Claims Facilitator, who will staff an office at least one day per week at a location in Cap Haitien, Haiti and on a schedule specified in the Class Notice, beginning approximately one week after the commencement of the Class Notice and continuing through the Final Claims Bar Date. Claim Forms completed by any person or entity who is not a Settlement Class Member, including without limitation a claim-filing service purporting to act on behalf of or in a representative capacity for a Settlement Class Member pursuant to a power of attorney, assignment, or otherwise, will not be accepted unless such Claim Form was completed by a parent of a minor Settlement Class Member, by a duly appointed guardian ad litem for a minor or protected individual, by a duly appointed executor(trix) or administrator(trix) or equivalent duly appointed general representative of a deceased Settlement Class Member. In order for a Claim Form to be deemed timely returned to the Claims Administrator, the Claimant must (a) approve submit the Claim Form through the website hosted and maintained by the Claims Administrator no later than the Final Claims Bar Date, (b) e-mail the Claim Form to the Claims Administrator no later than the Final Claims Bar Date, (c) send the Claim Form to the Claims Administrator by mail postmarked no later than the Final Claims Bar Date, or (d) provide the Claim Form in person to the Claims Facilitator, provided, however, that the Parties by agreement may modify the procedures with respect to the filing of Claims in consultation with the Claims Administrator and with the approval of the Court. Failure to submit a timely Claim Form pursuant to this Paragraph will result in waiver and dismissal of the Settlement Class Member’s claim for monetary relief under this Settlement Agreement. All Settlement Class Members who do not validly opt out will be bound by the terms of this Settlement Agreement whether or not they submit a timely, valid Claim Form, which must be received by the Claims Administrator no later than three days after the Objection Date. 11. The Claims Administrator will consider the Claim Forms submitted by Vetted Settlement Class Members, along with any supporting documentation, and, in consultation with counsel for all Parties, will determine whether the Claim Form has been properly filled out. The Claims Administrator must send all Claim Forms submitted by Settlement Class Members who are not Vetted Settlement Class Members, along with any supporting documentation, to the Claims Assessor, who, in consultation with Class Counsel and such other persons with whom the Claims Assessor deems it would be appropriate to consult, will determine whether the Settlement Class Member is a Qualifying Settlement Class Member. 12. Claim Forms that the Claims Administrator or Claims Assessor, in consultation with counsel for all Parties, identify as incomplete or invalid will be returned to the Settlement Class Member and his or her counsel with a written list and explanation of the purported deficiencies. The Settlement Class Member will have thirty (30) days from the date the Claims Administrator or Claims Assessor serves notice upon the Settlement Class Member in writing to cure the identified deficiencies. If the requested information is not provided in the stated time frame by the Settlement Class Member, the Claim Form may be rejected and the Settlement Class Member may be found not to be a Qualifying Settlement Class Member. At the discretion of the Claims Administrator or Claims Assessor, additional rounds of cure processes may be implemented as appropriate. 13. At or before the Final Approval Hearing, Representative Plaintiffs, Class Counsel, or the Parties, as applicable, will move for a Final Approval Order (a) granting final approval of this Settlement Agreement as fair, reasonable, adequate and binding on all Settlement Class Members who have not opted out, regardless of whether they submitted Claim Forms; (b) awarding attorneys’ fees and costs; (c) authorizing payment of Initial Distributions to Qualifying Settlement Class members and specifying the amount thereof; (d) effecting the releases; (e) establishing the Closing Date; (f) enjoining Settlement Class Members from prosecuting any Claim; and (g) providing that the Court will retain jurisdiction to enforce the terms of such order. 14. At the Final Approval Hearing, the Court will determine the amount of attorneys’ fees and costs to be awarded to Class Counsel. 15. Within twenty-one (21) days of the Effective Date, the Claims Administrator must pay the Initial Distribution to any Qualifying Settlement Class Member who before the Effective Date has elected to receive an Initial Distribution. The amount of the Initial Distribution will be deducted from the Qualifying Settlement Class Member’s Settlement Payment so that no Qualifying Settlement Class Member will receive a greater Settlement Payment than another Qualifying Settlement Class Member as a result of the Initial Distribution. 16. Within fourteen (14) days of the Effective Date, the Claims Administrator must pay to Class Counsel such attorneys’ fees and costs as have been awarded by the Court in the Final Approval Order. Payment of attorneys’ fees and costs in accordance with the terms of the Agreement Final Approval Order will be from the Settlement Fund. 17. Within fourteen (14) days of the Final Determination Date, the Claims Administrator and Claims Assessor must compile a list of all Qualifying Settlement Class Members. 18. Within thirty (30) days of the Final Determination Date, the Claims Administrator must pay to each Qualifying Settlement Class Member his or her share of the amount remaining in the Settlement Fund after payment of: (a) attorneys’ fees and costs as fair, adequate, and reasonableawarded by the Court; (b) certify this Action as a class action pursuant to Rules 23(a), (b)(3), all Initial Distributions; and (ec) any costs of Claims Administration that exceed the Federal Rules of Civil Procedure and approve the definition balance of the Settlement Class; (c) appoint Plaintiffs Administration Fund. 19. Any Qualifying Settlement Class Member may elect to serve as receive the Settlement Class Representatives; (d) appoint Plaintiffs’ Counsel to serve as Payment in a Structured Settlement Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure; (e) approve the appointment of ▇▇▇▇▇ Settlement Administration as Settlement Administrator; (f) approve the form and content of the Notices; (g) approve the procedures for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (h) stay the Action pending Final Approval of the Settlement; and (i) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel, and Defendants’ CounselPayment. 54. For purposes of this Settlement only, Plaintiffs and Defendants agree to ask the Court to certify the following “Settlement Class” under Rules 23(a), (b)(3), and (e) of the Federal Rules of Civil Procedure: All persons in the United States who, between September 1, 2018, and September 1, 2024, 1) were sent a “marketing”* text message from Defendants, 2) thereafter responded with the word “stop” or the equivalent, and 3) thereafter received a marketing text message from Defendants. * Marketing means offering or advertising the commercial availability or quality of any property, goods, products, or services. The following are excluded from the Settlement Class: (1) the trial judge presiding over this Action; (2) Defendants, as well as any parent, subsidiary, affiliate, or control person of Defendants, and the officers, directors, agents, servants, or employees of Defendants;

Class Settlement Procedures. 524.1. Plaintiffs shall promptly file with the Court and Defendant shall not oppose, subject to the opportunity by Defendant’s counsel to review and comment, a motion for preliminary approval of the Settlement (“Motion for Preliminary Approval of the Settlement”), along with this Agreement Stipulation and all exhibits hereto, and move for entry of the Preliminary Approval Order, which Order shall be substantially in the form attached hereto as Exhibit 4.A. 534.2. Solely for For purposes of the SettlementSettlement only, Plaintiffs will request as part of the Preliminary Approval Order and the Order and Final Approval Order Judgment that the Court: (a) approve the terms of the Agreement as fair, adequate, and reasonable; (b) certify this Action as a class action pursuant to Rules Rule 23(a), ) and (b)(3), and (e) of the Federal Rules of Civil Procedure and approve the definition of the Settlement Class; (cb) appoint Plaintiffs to serve as the Settlement Class Representativesrepresentatives; and (dc) appoint Plaintiffs’ Counsel to serve as counsel for the Settlement Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure; (e) approve the appointment of ▇▇▇▇▇ Settlement Administration as Settlement Administrator; (f) approve the form and content of the Notices; (g) approve the procedures for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (h) stay the Action pending Final Approval of the Settlement; and (i) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel, and Defendants’ Counsel. 54. For purposes of this the Settlement only, Plaintiffs Defendant will not oppose the request. 4.3. The Settlement Administrator shall discharge its duties under Plaintiffs’ Counsels’ supervision and Defendants agree subject to ask the Court jurisdiction of the Court. Defendant, the Released Parties and Defendant’s Counsel shall have no responsibility whatsoever for the administration of the Settlement and shall have no liability whatsoever to certify any person, including, but not limited to, the following “Settlement Class” under Rules 23(a)Class Members, in connection with any such administration. The Settlement Administrator shall cause to be mailed on one occasion the Notice and Claim Form to those Settlement Class Members who may be identified through reasonable effort. 4.4. Membership in the Settlement Class and eligibility for the Settlement shall be conclusively determined from Defendant’s records, as reasonably available. Based on its records of unique telephone numbers called, using a pre-recorded or artificial voice between, October 16, 2013 and February 14, 2019, the Settlement Class includes approximately 357,387 members. The number of Settlement Class Members is a material term to the Settlement. Within five (b)(3)5) business days after the Preliminary Approval Order, to the extent reasonably available to it, Defendant shall provide the Settlement Administrator with all data necessary for administration of the Settlement, including, for the Settlement Class Members, their names, addresses, telephone numbers, email addresses, and (e) any other identifying information maintained by Defendant or on its behalf. Defendant agrees to reasonably cooperate with Plaintiffs’ Counsel in identifying the names and addresses of the Federal Rules Settlement Class Members as Plaintiffs’ Counsel may reasonably request. In addition, the Settlement Administrator may use the National Change of Civil Procedure: All persons in Address Database to obtain current addresses for Settlement Class Members. 4.5. Claim Forms must be submitted within sixty (60) days from the United States who, between September 1, 2018, and September 1, 2024, 1date the Notice is initially mailed by the Settlement Administrator. Any objections or requests for exclusion must be properly submitted within sixty (60) were sent a “marketing”* text message days from Defendants, 2) thereafter responded with the word “stop” or date the equivalent, and 3) thereafter received a marketing text message from DefendantsNotice is initially mailed by the Settlement Administrator. * Marketing means offering or advertising the commercial availability or quality of any property, goods, products, or services. The following are excluded A Settlement Class Member requesting exclusion from the Settlement Class: (1) shall be requested to provide certain information to the trial judge presiding over this Action; (2) DefendantsSettlement Administrator as set forth in the Notice. If a Settlement Class Member submits both a timely Claim Form and a timely request for exclusion, as well as any parent, subsidiary, affiliate, the Settlement Administrator shall promptly attempt to contact that individual to ascertain his or control person of Defendantsher intent, and if those efforts are unsuccessful, the officersClaim Form shall govern. Any Settlement Class Member who does not submit a timely written request for exclusion as provided by the Notice shall be bound by the Settlement. 4.6. The Settlement Administrator shall scan and send electronic copies of all objections and requests for exclusion to Defendant’s Counsel and Plaintiffs’ Counsel expeditiously (and in no event more than three (3) business days) after the Settlement Administrator receives any such documents. As part of the motion papers in support of final approval of the Settlement, directorsPlaintiffs’ Counsel will file a list identifying all persons who have requested exclusion from the Settlement, agentsand shall include all objections as an attachment to the motion. 4.7. Notwithstanding the fact that the Effective Date has not yet occurred, servantsthe Settlement Administrator, after the issuance of the Preliminary Approval Order, may expend up to $300,000 from the Settlement Fund, without further approval from Defendant or employees order of Defendants;the Court, to pay reasonable Notice and Administration Costs. Such costs and expenses shall include, without limitation, the costs of printing and mailing the Notice and administering the Settlement as set forth in this Agreement. In the event that the Settlement is terminated pursuant to the terms of this Stipulation or not approved by the Court, all Notice and Administration Costs reasonably paid or incurred as of the date of the termination or lack of approval shall not be returned or repaid to Defendant. In no event shall Plaintiffs, Plaintiffs’ Counsel or the Escrow Agent be required to reimburse Defendant for any Notice and Administration Costs actually paid from the Settlement Fund. 4.8. Other than the Notice and Administration Costs, there shall be no distribution of any of the Settlement Fund until after the Effective Date.