Type of Notice Required. i. The Notice shall be used for the purpose of informing proposed Settlement Class Members, prior to the Final Approval Hearing, that there is a pending settlement, and to further inform Settlement Class Members how they may: (i) protect their rights regarding the settlement; (ii) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii) object to any aspect of the proposed settlement, if desired; and (iv) participate in the Final Approval Hearing, if desired. The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Class. ii. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as Exhibit A. iii. Within seven (7) days after the Settlement Administrator receives the Class List, individual notice shall be sent via US Mail to the Settlement Class Members in the form of a Postcard Notice, the text of which shall be agreed upon the Parties. The Postcard Notice shall direct the Settlement Class Members to the website described below, where the Settlement Class Members can access the Long-form Notice. For all Postcard Notice mailings returned as undeliverable, the Settlement Administrator shall perform one reverse look-up to find updated addresses and will cause the Postcard Notice mailing to be re-mailed once to those members of the Settlement Class. iv. Within seven (7) days after the Settlement Administrator receives the Class List, the Settlement Administrator will establish a settlement website containing pertinent case documentation, including a copy of the Complaint, the Settlement Agreement, Preliminary Approval Order, and the Long-form Notice.
Appears in 1 contract
Sources: Settlement Agreement
Type of Notice Required. i. a. Within 10 business days following the Court’s entry of the Preliminary Approval Order and pursuant thereto, the Settlement Administrator on behalf of the Defendant shall cause a CAFA Notice to be served upon the appropriate State and Federal officials. All expenses incurred in connection with the preparation and service of the CAFA Notice shall be payable from the Settlement Fund.
b. The Notice shall be used for the purpose of informing to inform proposed Settlement Class Members, prior to the Final Approval Hearing, that there is a pending settlement, settlement and to further inform Settlement Class Members how they may: (i1) obtain a copy of the Claim Form; (2) protect their rights regarding the settlement; (ii3) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii4) object to any aspect of the proposed settlement, if desired; and (iv5) participate in the Final Approval Hearing, if desired. The Notice shall provide that Settlement Class Members may submit Claims Forms and be eligible for (1) a $50.00 payment (subject to pro rata increase or reduction based on the amount of valid claims submitted); and (2) the ability to claim up to $5,000.00 for reimbursement of out- of-pocket expenses or lost time mitigating the effects of the Data Breach, upon provision of appropriate documentation. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement Class.
ii. c. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in the form attached as Exhibit A.Parties.
iii. Within seven (7) days after the Settlement Administrator receives the Class List, individual notice shall be sent via US Mail to the Settlement Class Members in the form of a Postcard Notice, the text of which shall be agreed upon the Parties. The Postcard d. Notice shall direct the Settlement Class Members to the website described below, where the Settlement Class Members can access the Long-form Notice. For all Postcard Notice mailings returned as undeliverable, the Settlement Administrator shall perform one reverse look-up to find updated addresses and will cause the Postcard Notice mailing to be re-mailed once to those members of the Settlement Class.
iv. Within seven shall be posted on the Settlement Website within fourteen (714) days after the Settlement Administrator receives the Class List, the Settlement Administrator will establish a settlement website containing pertinent case documentation, including a copy of the Complaint, entry of the Settlement Agreement, Preliminary Approval Order, and the Long-form Notice.
Appears in 1 contract
Sources: Settlement Agreement
Type of Notice Required. i. a. Within ten (10) business days following the Court’s entry of the Preliminary Approval Order and pursuant thereto, the Settlement Administrator on behalf of the Defendant shall cause a CAFA Notice to be served upon the appropriate State and Federal officials. All expenses incurred in connection with the preparation and service of the CAFA Notice shall be payable from the Settlement Fund.
b. The Notice shall be used for the purpose of informing to inform proposed Settlement Class Members, prior to the Final Approval Hearing, that there is a pending settlement, settlement and to further inform Settlement Class Members how they may: (i1) obtain a copy of the Claim Form; (2) protect their rights regarding the settlement; (ii3) request exclusion from the Settlement Class and the proposed settlement, if desired; (iii4) object to any aspect of the proposed settlement, if desired; and (iv5) participate in the Final Approval Hearing, if desired. The Notice shall provide that Class Members may submit Claim Forms and be eligible for Settlement benefits. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement Class, including the release of the Released Claims.
ii. c. Dissemination of the Notice shall be the responsibility of the Settlement Administrator. The text of the Notice shall be agreed upon by the Parties and shall be substantially in submitted to the form attached as Exhibit A.
iiiCourt with Plaintiff’s motion for preliminary approval of the Settlement. Within seven (7) days after the The Settlement Administrator receives the Class List, individual notice shall be sent via US Mail may make non-material changes to the Settlement Class Members in the text and form of a Postcard Notice, the text of which shall be agreed upon Notice that are consistent with the Court’s Preliminary Approval Order and approved by counsel for the Parties. The Postcard .
d. Notice shall direct the Settlement Class Members to the website described below, where the Settlement Class Members can access the Long-form Notice. For all Postcard Notice mailings returned as undeliverable, the Settlement Administrator shall perform one reverse look-up to find updated addresses and will cause the Postcard Notice mailing to be re-mailed once to those members of the Settlement Class.
iv. Within seven shall be posted on the Settlement Website within fourteen (714) days after the Settlement Administrator receives the Class List, the Settlement Administrator will establish a settlement website containing pertinent case documentation, including a copy of the Complaint, entry of the Settlement Agreement, Preliminary Approval Order. The Parties, through their agreement and in coordination with the Long-form NoticeSettlement Administrator, may deploy additional forms of publication Notice consistent with the Preliminary Approval Order.
Appears in 1 contract
Sources: Settlement Agreement