Claimed Benefits Clause Samples

Claimed Benefits. All Class Members shall have the opportunity to submit a Claim Form for certain Claimed Benefits either through the settlement website or by hand to a designated Post Office box established by the Settlement Administrator. The Claimed Benefits, as described below, shall include: (a) Pro-Rata Cash Payment; and (b) Out-of-Pocket-Expense Claims.

Claimed Benefits. All Class Members shall have the opportunity to submit a Claim Form for certain Claimed Benefits on or before the Claims Deadline. Claimed Benefits shall be paid out of the Settlement Fund. The Claimed Benefits, as described below, shall include: (a) Pro- Rata Cash Payment; and (b) Out-of-Pocket Expense Claims. Class Members may submit a Claim for any Claimed Benefit for which they qualify and may combine Claims (e.g., a Class Member may be entitled to Claimed Benefits of Pro Rata Cash Payment and/or Out-of-Pocket Expenses).

Claimed Benefits. All Class Members shall have the opportunity to submit a Claim Form for certain Claimed Benefits on or before the Claims Deadline. The Claimed Benefits, as described below, shall include: (a) Pro-Rata Cash Payment; (b) Out-of-Pocket Expense Claims; and (c) Lost-Time Claims. Class Members may submit a Claim for any Claimed Benefit for which they qualify and may combine Claims (e.g., a Class Member may be entitled to Claimed Benefits of $50 Pro Rata Cash Payment, Out-of-Pocket Expenses, and Lost-Time). a) $50 Pro-Rata Cash Payment. After the distribution of Administrative Fees, Service Awards, Out-of-Pocket Expense Claims, Lost-Time Claims (each of which is defined below in this Section) attorneys’ fees, and Class Counsel’s litigation expenses, the Settlement Administrator will make pro rata settlement payments of the remaining Settlement Fund to each Class Member who submits a claim. This may increase or decrease the $50 cash payment. A Class Member is not required to provide any documentation or attestation to claim the $50 cash payment. b) Out-of-Pocket Expense Claims. Class Members can submit a Claim Form for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach up to $5,000.00 per individual (“Out-of- Pocket Expense Claims”). Out-of-Pocket Expense Claims will include, without limitation, unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after July 10, 2021, through the date of claim submission that the claimant attests under penalty of perjury were caused or otherwise incurred as a result of the Data Breach; and miscellaneous expenses such as notary, data charges (if charged based on the amount of data used) fax, postage, copying, mileage, cell phone charges (only if charged by the minute), and long-distance telephone charges. Class Members with Out-of-Pocket Expense Claims must submit documentation and attestation supporting their claims. This may include receipts or other documentation, not “self-prepared” by the claimant, that verifies the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.

Claimed Benefits. All Class Members shall have the opportunity to submit a Claim Form for certain benefits. The claimed benefits, as described below, shall include: (a) Out-of- Pocket Losses and (b) Pro-Rata Cash Payments. Any Valid Claim may be combined with any other Valid Claim. The amount of claimed benefits received will be calculated in the following order: (1) Out of Pocket Losses and (2) Pro-Rata Cash Payment. In the unlikely event that the Settlement Fund is insufficient to cover all Out-of-Pocket Losses, such claims shall be reduced pro rata to account for the amount of remaining funds, and no additional monetary benefits shall be paid to any claimants.

Claimed Benefits. All Class Members shall have the opportunity to submit a Claim Form for certain Claimed Benefits. The Claimed Benefits, as described below, shall include: (a) Pro-Rata Cash Payment; (b) Out-of-Pocket-Expense Claims; (c) Lost-Time Claims; (d) Verified Fraud Claims, and (e) CCPA Payment, and any Valid Claim may be combined with any other Valid Claim.

Claimed Benefits. All Class Members shall have the opportunity to submit a Claim Form for certain Claimed Benefits on or before the Claims Deadline. The Claimed Benefits, as described below, shall include: (a) Pro-Rata Cash Payment; and (b) Out-of-Pocket Expense Claims. Class Members may submit a Claim for any Claimed Benefit for which they qualify and may combine Claims (e.g., a Class Member may be entitled to Claimed Benefits of Pro Rata Cash Payment and/or Out-of-Pocket Expenses).

Claimed Benefits. The parties will create a claims process through which Settlement Class Members can submit a Claim Form for reimbursement of documented out-of- pocket losses reasonably traceable to the Data Incidents up to $10,000 per individual (“Out-of- Pocket Losses”). Out-of-Pocket Losses will include, without limitation, unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after December 14, 2020, through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges. Settlement Class Members with Out-of-Pocket Losses must submit documentation supporting their claims. This may include receipts or other documentation, not “self-prepared” by the claimant, that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation. Settlement Class Members with time spent remedying issues related to the Data Incidents will receive reimbursement of $18 per hour for up to three (3) total hours with an attestation and a brief description of (i) the actions taken in response to the Data Incidents by Defendants and (ii) the time associated with each action (“Attested Time”). No separate documentation will be required. Claims made for time can be combined with claims for reimbursement for Out-of-Pocket Losses. Settlement Class Members with documented time spent remedying issues related to the Data Incidents can claim up to an additional three hours at either $18 per hour, or, if they lost work, at the rate of documented compensation up to $50 per hour (“Documented Time”). Claims made for either Attested Time or Documented Time shall together be referred as “Lost-Time Losses.” In addition to the above benefits, California Settlement Subclass Members will also be eligible for an additional benefit of $50 per California Settlement Subclass Member (“California Claim(s)”), subject to a potential pro rata reduction as detailed below. To redeem this $50 benefit, California Settlement Subclass Members must submit a Settlement Claim and attest that they were a California resident at the time of the Data Incident(s) about ...