Common use of Notice to Members of the Settlement Class Clause in Contracts

Notice to Members of the Settlement Class. 7.1. The Claims Administrator will be responsible for all matters relating to the administration of the Settlement. 7.2. The Claims Administrator’s responsibilities will include, but will not be limited to: Performing reverse look ups on potentially relevant telephone numbers, as set forth in 4.2; Sending direct mail notice by postcard, with a detachable Claim Form, to potential Settlement Class Members, where possible; Issuing publication notice, in consultation with the parties; Establishing both a dedicated website through which Settlement Class Members can submit claims and a toll-free telephone number for informational purposes; Fielding inquiries about the Settlement; Reviewing and processing Claim Forms and calculating the payments set forth in this Agreement; Acting as a liaison between Settlement Class Members, Class Counsel, and counsel for Defendant; Approving valid Claim Forms, and rejecting Claim Forms where it appears the claimant is not an eligible Settlement Class Member and/or where there is evidence of fraud; Directing the issuance of settlement payments to Settlement Class Members; and Performing any other tasks reasonably required of it. 7.3. The addresses of potential Settlement Class Members obtained by the Claims Administrator may be subject to confirmation or updating as follows: The Claims Administrator may check each address obtained against the United States Post Office National Change of Address Database; The Claims Administrator may conduct a reasonable search to locate an updated address for any potential Settlement Class Member whose notice is returned as undeliverable; The Claims Administrator will update addresses based on any forwarding information received from the United States Post Office; and The Claims Administrator will update addresses based on any requests received from Settlement Class Members. 7.4. The Claims Administrator will provide weekly updates to Class Counsel and counsel for Defendant regarding the status of its administration. 7.5. Not later than thirty days following the Preliminary Approval Date, the Claims Administrator will mail the Class Notice and a Claim Form to potential Settlement Class Members, where possible; 7.6. The postcard the Claims Administrator uses to mail the Class Notice and Claim Form to potential Settlement Class Members must include a notation requesting address correction. 7.7. If any Class Notice is returned with a new address, the Claims Administrator must resend the Class Notice and a Claim Form to the new address. 7.8. Defendant is responsible for any amounts due to the Claims Administrator prior to the date on which the non-reversionary Settlement Fund is established and funded. 7.9. Defendant will be entitled to an offset for any payments it makes to the Claims Administrator prior to the date on which the non-reversionary Settlement Fund is established and funded, from the non-reversionary Settlement Fund once it is established and funded.

Notice to Members of the Settlement Class. 7.1. The Claims Administrator will be responsible for all matters relating to the administration of the Settlement. 7.2. The Claims Administrator’s responsibilities will include, but will not be limited to: Disseminating notice to potential Settlement Class Members; Performing an initial reverse lookup process for the approximately 64,845 telephone numbers identified by Defendant as associated with potential Settlement Class Members; Depending on the results of the initial reverse lookup process, and to ensure appropriate reach, possibly performing a second reverse look ups on potentially relevant up process for certain of the approximately 64,845 telephone numbers, numbers identified by Defendant as set forth in 4.2associated with potential Settlement Class Members; Sending direct mail notice by postcard, with a detachable Claim Form, to potential Settlement Class Members, where possible; Issuing publication notice, in consultation with the parties; Establishing both a dedicated website through which Settlement Class Members can submit claims and a toll-free telephone number for informational purposes; Fielding inquiries about the Settlement; Reviewing and processing Claim Forms and calculating the payments set forth in this AgreementProcessing settlement claims; Acting as a liaison between Settlement Class Members, Class Counsel, and counsel for Defendant; Approving valid Claim Formssettlement claims, and rejecting Claim Forms where it appears the claimant is not an eligible Settlement Class Member and/or settlement claims where there is evidence of fraud; Directing the issuance mailing of settlement payments checks to Settlement Class Members; and Performing any other tasks reasonably required of it. 7.3. The addresses of potential Settlement Class Members obtained by the Claims Administrator may be subject to confirmation or updating as follows: The Claims Administrator may check each address obtained against the United States Post Office National Change of Address Database; The Claims Administrator may conduct a reasonable search to locate an updated address for any potential Settlement Class Member whose notice is returned as undeliverable; The Claims Administrator will update addresses based on any forwarding information received from the United States Post Office; and The Claims Administrator will update addresses based on any requests received from Settlement Class Members. 7.4. The Claims Administrator will provide weekly updates to Class Counsel and counsel for Defendant regarding the status of its administration. 7.5. Not later than thirty days following the Preliminary Approval Date, the Claims Administrator will mail the Class Notice and a Claim Form to potential Settlement Class Members, where possible; 7.6. The postcard the Claims Administrator uses to mail the Class Notice and Claim Form to potential Settlement Class Members must include a notation requesting address correction. 7.7. If any Class Notice is returned with a new address, the Claims Administrator must resend the Class Notice and a Claim Form to the new address. 7.8. Defendant is responsible for any amounts due to the Claims Administrator prior to the date on which the non-reversionary Settlement Fund is established and funded. 7.9. Defendant will be entitled to an offset for any payments it makes to the Claims Administrator prior to the date on which the non-reversionary Settlement Fund is established and funded, from the non-reversionary Settlement Fund once it is established and funded.