Settlement Class Notice Sample Clauses
Settlement Class Notice. The Settlement Class Notice shall provide for a right of exclusion, as set forth in Section II(F)(4). The Settlement Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Settlement Class Members who can be identified through reasonable effort shall be mailed, emailed and/or sent via text message to the Settlement Class in conformance with a notice plan to be approved by the Court. Interim Co-Lead Counsel will undertake all reasonable efforts to notify potential Settlement Class Members of the settlement, including publication notice through traditional, digital, and/or social media sources likely to reach Settlement Class Members. The timing of a motion to approve notice to the Settlement Class of this Settlement Agreement (“Notice Motion”) shall be in the discretion of Interim Co-Lead Counsel, and may be combined with notice of other settlements in this Action. The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice.
Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, and no later than thirty (30) days after SafeRent provides to the Settlement Administrator and Settlement Class Counsel the Settlement Class Spreadsheet, the Settlement Administrator will provide the Settlement Classes with Notice of the proposed Settlement by the following methods:
4.2.1. Within seven (7) days of entry of the Preliminary Approval Order, SafeRent shall provide to the Settlement Administrator and Settlement Class Counsel in the form of the Settlement Class Spreadsheet the names and, if reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice to the Settlement Class and administering the claims process and not for any other purpose. The Settlement Administrator shall use this information, including using this information to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links to the Settlement Website (if text notice is approved by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class Counsel, the Settlement Administrator may send additional mailings to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve in
Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant shall compile a list of their unique telephone numbers and, to the extent in Defendant’s possession and capacity to collect, the names, most recent billing address, and most recent email address of the individuals associated with those 34,921 telephone numbers. Additionally, Defendant shall determine the number of telephone calls that each of those unique telephone numbers made to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period. All of the information collected by Defendant, taken in total, shall be referred to as the Settlement Class Member Contact List. The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 20 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement.
6.2 No later than 30 calendar days after receiving the Settlement Class Member Contact List, the Claims Administrator shall do the following: (1) run database searches in an effort to obtain the names, mailing addresses, and email addresses associated with each telephone number provided by Defendant where no corresponding contact information is available; and (2) run all mailing addresses through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) to update the information.
6.3 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each of the persons on the Settlement Class Member Contact List for whom an email address can be located. An Email Notice shall be sent to every email address obtained for each Settlement Class Member. Additionally, no later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the Postcard Notice (substantially in the form of Exhibit A) to each of the persons on the Settlement Class Member Contact List for whom a mailing address can be located. If any Postcard Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator immediately will perform a skip-trace and/or other customary address searches in an attempt to locate a valid addr...
Settlement Class Notice. “Settlement Class Notice” means the Court-approved form of notice to current and former owners and lessees of Settlement Class Vehicles, in substantially the same form as that attached hereto as Exhibit “A,” informing them of, among other things, the (i) preliminary approval of the Settlement; (ii) scheduling of the Final Approval Hearing; (iii) opportunity to submit a claim; (iv) opportunity to submit an objection; and (v) opportunity to request exclusion.
Settlement Class Notice. 4.1 Except as provided for in Paragraph 4.2, the Settlement Administrator shall disseminate Notice to Settlement Class Members by the Notice Deadline. The Settlement Administrator shall disseminate Notice in a manner that complies with due process under the United States Constitution. The Settlement Administrator will provide direct Notice, one time, via email to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel, unless there is evidence the emails were not successfully transmitted (e.g., a percentage of email notices are flagged as spam mail) in which case additional emails can be sent to ensure successful transmission. In the event that email is unavailable, the Settlement Administrator shall send Notice, one time, via regular mail to those Settlement Class Members for whom the Settlement Administrator has obtained contact information through third party subpoenas served by Class Counsel. Notice will also be provided by publication through advertisements in appropriate print and electronic media including social media as agreed to by the Parties through the Claims Deadline. In no event shall Notice be provided through television or radio advertisements or through claim promotion sites (e.g., ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇).
4.2 Amazon, Inc., is a third-party retailer who received a subpoena from Class Counsel. In or about October 2020, Amazon, Inc. sent emails regarding the recall to consumers it identified as purchasing affected Wipes through Amazon, Inc. Amazon, Inc. will separately provide direct Notice by the Notice Deadline, one time, via email to the email addresses in Amazon’s possession associated with consumers that Amazon, Inc. previously identified as purchasing affected Wipes. The notice sent by Amazon will include the following additional disclaimer “Amazon is emailing you because our records indicate that you may have purchased certain Cottonelle-branded products through the ▇▇▇▇▇▇.▇▇▇ store. YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT. Amazon is not a party to or otherwise involved in the class action lawsuit and is providing this notice only as a courtesy.” Within seven (7) days of sending the Notice, Amazon shall provide a declaration to the Parties indicating compliance with this obligation and setting forth the total number of unique email addresses to whom it sent Notice, and the total number of those emails that were del...
Settlement Class Notice. The Settlement Class Notice shall provide for a right of exclusion, as set forth in Section II(F)(4). The Settlement Class Notice shall also provide for a right to object to the proposed Settlement. Individual notice of the Settlement to all Settlement Class Members who can be identified through reasonable effort shall be mailed, emailed and/or sent via text message to the Settlement Class in conformance with a notice plan to be approved by the Court. Interim Co-Lead Counsel will undertake all reasonable efforts to notify potential Settlement Class Members of the settlement. The timing of a motion to approve notice to the Settlement Class of this Settlement Agreement shall be in the discretion of Interim Co-Lead Counsel, and may be combined with notice of other settlements in this Action.
Settlement Class Notice. Named Plaintiff, Settling Defendants, and the proposed Settlement Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Parties will recommend this Notice Plan to the Court. This Amended Settlement Agreement provides for a Settlement Class under Federal Rule of Civil Procedure 23(b)(2). Accordingly, individual notice is not required. Further, Settling Defendants represent (and discovery confirms) that individual notice would not be possible because the Settling Defendants do not have records identifying names or addresses for members of the Settlement Class. The Notice Plan will be administered by an experienced and qualified settlement administrator. The Settlement Administrator was consulted and utilized to develop, focus, and implement the proposed Notice Plan. Before recommending the Notice Plan, the Settlement Administrator investigated the specific demographic characteristics of Interstate Batteries’ customer base in order to develop and recommend a cost-effective Notice Plan specifically targeted to the Settlement Class.
Settlement Class Notice. 6.1 Within ten (10) days after the entry of the Preliminary Approval Order, Defendants shall provide a list of the Settlement Class members based on Defendants best good-faith reasonable efforts to identify Settlement Class members to the Settlement Administrator. Within thirty (30) days after the Preliminary Approval Order is entered, the Settlement Administrator shall disseminate Notice to the Settlement Class Members. Notice shall be disseminated via first-class U.S. mail to all Settlement Class Members, to the extent mailing addresses are known. To the extent that Class Counsel believes that reminder notices should be sent to Settlement Class Members, Class Counsel may direct the Settlement Administrator to send reminder notices to Settlement Class Members, which shall be sent sixty (60) days after the Notice Date and the cost of which shall be Notice and Administrative Expenses that are paid from the Settlement Fund. The process to issue Notice as described in this Paragraph and the creation and maintenance of the Settlement Website shall constitute the “Notice Plan.”
6.2 The Notice must set forth the time and place of the Final Approval Hearing (subject to change) and state that any Settlement Class Member who does not file a timely and adequate objection in accordance with this Paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement.
Settlement Class Notice. Subject to Court approval, the Parties agree to the following Settlement Class Notice Procedures:
(a) As soon as practicable, and no later than thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator will establish and maintain a Settlement Website hosted at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (or another URL mutually agreed-upon by the Parties) and dedicated to the Settlement, which shall contain the Long Form Notice, in both downloadable PDF format and HTML format; a Contact Information page that includes the address for the Settlement Administrator and address and telephone number for Settlement Class Counsel; the signed Preliminary Approval Order; and a downloadable version of the Claim Form. While the Settlement Administrator shall have primary responsibility over the design and operation of the Settlement Website, the final design of the Settlement Website shall be subject to the final approval of Settlement Class Counsel and HP’s Counsel. The Settlement Administrator shall add to the Settlement Website all other material filings by the Parties or the Court regarding the Settlement, including, but not limited to, Settlement Class Counsel’s application for an Attorneys’ Fees and Costs Award and/or Settlement Class Representatives Service Awards, the motion for final approval, and any orders with respect to such applications and motions.
(b) Within thirty (30) days of the Court’s entry of the Preliminary Approval Order, HP shall provide the Settlement Administrator with a list of the Settlement Class Members known to it in the form of an Excel spreadsheet identifying the following information for each Settlement Class Member to the extent available. This information shall be provided and used for settlement purposes only, and is subject to the provisions of the Parties’ October 4, 2022
Settlement Class Notice. 6.1 The Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 7 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement.