Requests for Exclusion (Opt-Outs) Clause Samples

Requests for Exclusion (Opt-Outs). The Administrator will promptly review on a rolling basis Requests for Exclusion to ascertain their validity.

Requests for Exclusion (Opt-Outs). 8.5.1. Class Members who wish to exclude themselves from (opt-out of) the Class Settlement must send the Administrator, by mail, a signed written Request for Exclusion postmarked by the Response Deadline. A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election to be excluded from the Settlement and includes the Class Member’s name, address and email address or telephone number. To be valid, a Request for Exclusion must be postmarked by the Response Deadline. 8.5.2. The Request for Exclusion must: (1) contain the name, address, and the last four digits of the Social Security Number of the person requesting exclusion; (2) state the Class Member’s request to exclude himself or herself from the Settlement and to opt out of the Settlement; (3) be signed by the Class Member or his or her lawful representative; and (4) be postmarked, faxed, or emailed by the Response Deadline. Any Class Member who submits a completed, signed and timely written Request for Exclusion shall no longer be a member of the Class, shall be barred from participating in this Settlement with respect to the Individual Class Payments, shall be barred from objecting to this Settlement, and shall receive no benefit from this Settlement, except as set forth in Section 8.5.2.1. Any untimely or incomplete Opt Out shall be considered null and void. If a Class Member submits both a completed, signed and timely Proof of Work and a completed, signed and timely Opt Out, then the Opt Out shall be deemed invalid, and the Class Member shall be a Settlement Class Member and participate in this Settlement. 8.5.2.1. A valid Request for Exclusion from the Class does not affect the Released PAGA Claims, which shall be binding on all Aggrieved Employees regardless of the requested exclusion. The Settlement Administrator shall notify Class Counsel and Defense Counsel of the number of timely opt-outs within seven (7) days after the Response Deadline. 8.5.3. Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Section 6.2 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or objects to the Settlement. 8.5.4. Every Class Member who submits a valid and ...

Requests for Exclusion (Opt-Outs). 8.5.1 Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 60 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her and email address or telephone number. To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline. 8.5.2 The Administrator may not reject a Request for Exclusion as invalid because it fails to contain all the information specified in the Class Notice. The Administrator shall accept any Request for Exclusion as valid if the Administrator can reasonably ascertain the identity of the person as a Class Member and the shall be final and not appealable or otherwise susceptible to challenge. If the Administrator has reason to question the authenticity of a Request for Exclusion, The Administrato appealable or otherwise susceptible to challenge. 8.5.3 Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement,

Requests for Exclusion (Opt-Outs). Any Settlement Class Member who does not wish to participate in this Settlement must submit a Request for Exclusion to the Settlement Administrator by the Objection/Exclusion Deadline, stating a clear intention to be “excluded” from or “opt out” of the Settlement. The Request for Exclusion must contain the Settlement Class Member’s name, current address, and telephone number. The Request for Exclusion must be signed by the Settlement Class Member, dated and sent to the Settlement Administrator via the Settlement Website or by hard copy sent via U.S. Mail.

Requests for Exclusion (Opt-Outs). 4.1 The Settlement Class will have the opportunity to opt out by timely submitting a Request for Exclusion. The Settlement Notices to the Settlement Class Members and available on the settlement website shall contain information about how the Settlement Class Members may submit Requests for Exclusion and the potential implications of doing so.

Requests for Exclusion (Opt-Outs). 20 8.5.1. Class Members who wish to exclude themselves (opt-out of) the Class

Requests for Exclusion (Opt-Outs). 7.5.1. Class Members who wish to exclude themselves (opt-out of) the Class portion of the Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than sixty (60) days after the Administrator mails the Class Notice (plus an additional fourteen

Requests for Exclusion (Opt-Outs). 16 7.4.1. Each Class Member shall have forty-five (45) calendar days from the 17 mailing of the Notice within which to complete and postmark a written 18 request for exclusion, for return to the Settlement Administrator. The 19 request need not be in any particular form and will be considered a valid 20 request for exclusion so long as it communicates a clear desire by the 21 Settlement Class Member not to be included in the Settlement and/or 22 Settlement Class, and identifies his/her/their full name and date of birth, 23 and current address along with his/her/their signature. No requests for 24 exclusion shall be accepted if postmarked after the forty-five (45) 25 calendar day period for the filing of exclusions. Class Members are 26 responsible to maintain a photocopy of their request for exclusion, 27 reflecting that it was submitted in a timely manner. Any disputes 28 regarding the timeliness of a request for exclusion or whether a written 1 communication constitutes a valid request that cannot be resolved 2 between the Parties shall be determined by the Court or Arbitrator, 3 whose determination shall be final. A Class Member, who is also an 4 Aggrieved Employee, cannot opt-out of the PAGA component of the

Requests for Exclusion (Opt-Outs). Class Members who wish to be excluded 4 from or opt out of the Class Settlement must submit a written, signed Request for Exclusion to the 5 Settlement Administrator, within the Notice Response Deadline.