Common use of The Settlement Class Clause in Contracts

The Settlement Class. For purposes of settlement, the Parties agree to certify the following Settlement Class: All persons and entities whose telephone numbers were called by third parties that marketed solar energy products and services on behalf or for the benefit of Defendants on or after July 1, 2014 until the date of Preliminary Approval where: (1) The third-party initiated a call using an artificial voice, or a prerecorded voice, to (i) advertise the commercial availability or quality of any property, goods, or services; or encourage the purchase or rental of property, goods, or services; (ii) where such persons’ and entities’ telephone numbers were assigned to a cellular phone service or residential line; and (iii) where the third-party failed to obtain Prior Express Written Consent from those persons and entities called; or (2) The third-party initiated a call using an ATDS to (i) advertise the commercial availability or quality of any property, goods, or services; or encourage the purchase or rental of property, goods, or services; (ii) where such persons’ and entities’ telephone numbers were assigned to a cellular phone service; and (iii) where the third-party failed to obtain Prior Express Written Consent from those persons and entities called; or (3) The third-party initiated more than one call within a 12-month period (i) to persons and entities who were registered with the National Do-Not- Call Registry for at least 30 days prior to being called; (ii) encouraging the purchase or rental of property, goods, or services; (iii) where such persons’ and entities’ telephone numbers were assigned to a cellular phone service; and (iv) where the third-party failed to obtain Requisite Do-Not- Call Permission from those persons and entities called. The calls referenced in the class definition shall be collectively referred to as “Covered Calls.” Excluded from the Settlement Class are Defendants, any parent, subsidiary, affiliate or controlled person of Defendants, as well as the officers, directors, agents, servants or employees of Defendants and the immediate family members of such persons, the named counsel in this litigation, and any member of their office and/or firm.