Common use of Claimed Benefits Clause in Contracts

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.