Claims Process. 1. The Notice of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D). 2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”). 3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period. 4. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date. 5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.” 6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member. 7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member. 8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection. 9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members. 10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement. 11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 3 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Claims Process. 1. The Notice of Class Action Settlement to be mailed to 5.1 A Settlement Class Members upon preliminary approval by the Court will include Member must submit a Claim Form (attached as Exhibit D).
2in order to make a claim, either by mail or online. To be valid, the Claim Form must contain the full name, mailing address of the Settlement Class Member, and the telephone number at which he or she can be reached. The Claim Form will explain that must also include the deadline for submitting claims for payment from telephone number(s) the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within maintains received the Claims Period.
4. All Settlement Class Members whose claims are postmarked Cell Phone Calls from or received at any time before the close on behalf of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined belowDefendants. Claim Forms postmarked submitted by mail must be post-marked by the last day of the Claim Period. Claim Forms submitted through the Settlement Website must be submitted on or before the last day of the Claim Period. The Settlement Class Member must sign the claim form, verifying that all information on the form is accurate and that the Settlement Class Member received allegedly unlawful calls from or on behalf of the Defendants. Claim forms submitted online shall allow for electronic signature.
5.2 No later than fifteen days after the close of the Claims Period shall be accepted if received before Claim Period, the Final Approval Hearing Settlement Administrator will review each claim that is submitted within the Claim Period. If the claim is timely, sets forth the information required in Section 5.1, is signed (by written or electronic signature), and submitted is not duplicative of a previously approved claim, then the Settlement Administrator will approve the claim. If a claim is denied as deficient in good faith within twenty (20) that it lacks a signature or any of the information required in Section 5.1, the Settlement Administrator will provide the Settlement Class Member with an opportunity to cure the deficiency by sending an email or letter describing the deficiency and informing the Settlement Class Member that he or she has fourteen days after to correct the 90th day from the Notice Date.
5issue. The Named Plaintiffs Settlement Administrator will not provide reports weekly to the Parties’ counsel on the number of claims that are received, the number that were denied, the number found to be required to submit a Claim Form deficient, and are automatically considered “Claiming Class Members.”
6the number that were approved as well as the number of requests for exclusion and objections received, along with copies of both. If Class Counsel receives there are any disputes over the validity of a Claim Form from a person not currently recognized as a member of claim, the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. DefendantsParties’ counsel will produce any record of court eventsattempt to resolve such disputes between themselves, arrestsand if not successful, and/or jailings in the possession of disputes will be promptly presented to the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Memberresolution.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or 5.3 Each Settlement Class Member is deceasedentitled to make only a single claim, upon receipt of proper identification and documentation regardless of the payee’s interest, payment will number of calls claimed to be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesreceived on any cellular number.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Claims Process. 124. The Notice This Settlement Agreement provides for collective recovery in the amount of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D).
2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3and Refund Eligible Members will be subject to an individual claims process. The method electronic Pre-Approval Notice will provide Refund Eligible Members with a customized hyperlink to click on if they wish to claim a Refund, and the paper mail Pre-Approval Notice will provide Refund Eligible Members a unique identification number for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within use on the Claims Period.
4Administrator Website to claim a Refund. All Settlement Class Members whose The online claims are postmarked or received at any time before the close of process shall allow the Claims Period shall Administrator to immediately identify each Refund Eligible Member who clicks on said customized hyperlink or, for Refund Eligible Members who received the paper mail Pre- Approval Notice, enters the unique identifier as a Refund Claimed Member (without, in either case, any further action or steps required to be considered “Claiming Class Members” and shall identified). Payment will be entitled to receive their share of the Settlement Funds as outlined belowprovided by an Interac e-transfer. Claim Forms postmarked after the close of Once identified through the Claims Period shall be accepted if Administrator Website, Refund Eligible Members who received before the Final paper mail Pre-Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not also be required to submit provide an email address. Refund Eligible Members having received a Claim Form customized hyperlink by email and are automatically considered “Claiming Class Membershaving clicked on said customized hyperlink will not have to provide any further information to process payment, given that the Claims Administrator will process the payment by Interac e-transfer by using the same email address used to provide this Refund Eligible Member with a customized hyperlink.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years25. If the Parties agree that these documents show that the individual had Claims Administrator receives a Bounce Back using an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit email address associated with an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate Account or, in the event there is that an Amazon Class Member has no estateemail address associated with its Account, a Mail Delivery Failure using the mailing address associated with its Account, no further action will be required on the part of the Claims Administrator or the Parties to communicate with such member.
26. Refund Eligible Members will have until March 12, 2024 to click on the hyperlink to claim a Refund or to enter their unique identification number on the Claims Administrator Website, to provide an email address (for the Refund Eligible Members who received the paper mail Pre-Approval Notice) and be considered a Refund Claimed Member.
27. All Claims for Refunds from Amazon Class Members must be submitted and received by the Claims Administrator by the Deadline for Submitting a Claim. The Deadline for Submitting a Claim will be clearly stated in the Pre-Approval Notice and on the Class Action Webpage. Amazon Class Members who do not Claim a Refund by the Deadline for Submitting a Claim will no longer be eligible to receive a Refund under this Settlement Agreement but will be bound by the remaining terms and conditions as provided for by law and the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesApproval Order.
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1. The Notice of
13.1 Every Settlement Class Action Member who wishes to receive a Settlement Payment must submit a Claim Form to the Settlement Administrator.
13.2 Claim Forms will be mailed made available to Settlement Class Members upon preliminary approval by the Court Settlement Administrator on the Settlement Website following the Settlement Approval Order. Claim Forms may be completed online and submitted electronically to the Settlement Administrator, or printed from the Settlement Website and mailed to the Settlement Administrator at the address provided in the Notice of Settlement Approval.
13.3 Settlement Class Members are not required to submit proof of purchase. No Settlement Class Member may claim compensation, even with proof of purchase, in respect of more than 30 bottles of Dial Complete.
13.4 All Settlement Claims received or postmarked prior to the Claims Deadline will include be considered by the Settlement Administrator and deemed either valid (as meeting the requirements of this Agreement) or invalid (as failing to meet the requirements of this Agreement). All Settlement Claims received or postmarked after the Claims Deadline will be deemed invalid.
13.5 After the Final Order Date, the Settlement Administrator will send each Eligible Claimant a Settlement Payment via PayPal, using the email address provided in their Claim Form. If an Eligible Claimant does not have a PayPal account connected to the email provided in their Claim Form, they must set up such an account in order to accept their Settlement Payment. No Settlement Payments will be delivered to any Eligible Claimant before the Final Order Date.
13.6 All Settlement Payments will be made directly and exclusively to the Eligible Claimant. No Settlement Class Member or Eligible Claimant may assign or otherwise transfer his or her rights under this Agreement.
13.7 Every Settlement Class Member who submits a Claim Form (attached as Exhibit D).
2deemed invalid by the Settlement Administrator will receive a Notice of Denied Claim. The Settlement Administrator will not alert Settlement Class Members to deficiencies in their Claim Forms, nor will the Settlement Administrator provide opportunities to cure deficiencies. The Settlement Administrator’s decision regarding the validity of a Claim Form will explain that the deadline for submitting claims for payment is final. There is no right of appeal from the Settlement Fund is 90 days from Administrator’s decision regarding the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close validity of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those 13.8 Settlement Class Members who timely and properly request exclusion, all Settlement Class Members submit Claim Forms that are not postmarked before the Claims Deadline or submitted online before the Claims Deadline will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for receive any mistake payment or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves communication from the Settlement and will not solicit Settlement Class Members to exclude themselves from the SettlementAdministrator.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 1 contract
Claims Process. 180. The Notice of Class Action Settlement to be mailed to All Settlement Class Members upon preliminary approval making a Claim for Payment must do so by the Court will include timely completing and submitting a Claim Form (substantially in the form attached as Exhibit D).
2, and approved by the Court. The deadline for submission of a Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 shall be sixty (60) calendar days from the date initial mailing of the Forms are mailed Mailed Notice by the Settlement Administrator (the “Claims Period”), as determined by the postmark of Claim Forms submitted by mail, or by the time online submission of the Claim Form is complete.
381. The method Claim Forms will be mailed to all putative Settlement Class Members identified on the Settlement Class List. Claim Forms in English and Spanish language will also be available on the Settlement Website or by request to the Settlement Administrator. Claim Forms can be submitted by mail or online via the Settlement Website. Each Settlement Class Member will be entitled to submit only one (1) Claim for Payment for all Overdraft Fees paid from all BPNA Account(s) to which he or she was the individual or joint Account owner.
82. If a putative Settlement Class Member attempts to make a Claim for Payment other than by using the Claim Form, the Settlement Administrator may request that the person re- submit the information using the Claim Form. If a claim Claim for Payment is by returning a signed not resubmitted using the Claim Form to Class Counsel within twenty-one (21) calendar days (or the Claims Period.
4. All first business day thereafter) after the Settlement Class Members whose claims are postmarked or received at any time before Administrator’s request is mailed, the close of the Claims Period Claim for Payment shall be considered “Claiming Class Members” deemed abandoned and shall be entitled to receive their share denied without further notice. Within fourteen (14) calendar days (or the first business day thereafter) following receipt of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming that is missing required information, but has otherwise been submitted in the manner approved in this Preliminary Approval Order, the Settlement Administrator shall notify the claiming Settlement Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member Member by mail of the Settlement Class, Class Counsel will send a copy of deficiency(ies) affecting the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a claiming Settlement Class Member shall have twenty-one (21) calendar days (or the first business day thereafter) from the Settlement Administrator’s transmission of this notice, or until the end of the Claims Period, whichever is later, to cure the stated deficiency(ies) by mail, email or another manner deemed sufficient by the Settlement Administrator. The untimely submission of a Claim Form is not a curable deficiency.
83. If multiple Claims for Payment are submitted with respect to any Account, only the last-received timely Claim for Payment will be considered by the Settlement Administrator.
84. If a single Claim for Payment is submitted on a joint Account, the full amount of any Qualified Claim pertaining to that joint Account will be paid to the claiming Settlement Class Member for that joint Account, and a Claim Form shall not be permitted to exclude himself or herself considered deficient if submitted for a qualifying joint Account, but signed by less than all joint Account owner(s). However, if any Account Holder for a joint Account has excluded themselves from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period Settlement Class pursuant to Paragraph 100, the specific instructions set forth in Claim for Payment submitted by a joint Account Holder for the Notice and in Section VII of this agreementsame joint Account will not be deemed a Qualified Claim with respect to that joint Account only.
85. Except If multiple Claims for those Payment are submitted by different Settlement Class Members who timely on a joint Account, and properly request exclusioneach Claim is a Qualified Claim, all the eligible Settlement Class Members Member Payment will be bound distributed by this Settlementthe Settlement Administrator in pro rata, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims equal amounts to both (all) Settlement Class Members.
1086. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or A Settlement Class Member may submit a Claim for Payment for Overdraft Fees, even if he or she is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to not identified on the Settlement Class Member’s estate orList and/or Settlement Spreadsheet (“Unidentified Claimant.”).
87. The following information, at a minimum, shall be submitted by Unidentified Claimants:
a. a Claim Form substantially in the event there is no estateform attached as Exhibit 2, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; b. current mailing address and (5if available) other relatives.email address and telephone number;
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 175. Pursuant to Paragraph 13, each Settlement Class Member has already submitted a Claim for the purpose of this Agreement. A Settlement Class Member will not be allowed to supplement, amend, or change their Claim at this time and the Settlement Administrator shall process all Claims as submitted to the Fund and/or The Contingent. The Notice Settlement Administrator shall determine the amount of Class Action any Settlement Payment to be mailed paid by applying the same criteria—other than racial self-identification— as The Contingent did to similar Claims. In processing a Claim, the Settlement Administrator may rely on any processing The Contingent already performed with respect to that Claim.
76. All Claims shall be subject to such anti-fraud procedures as the Settlement Administrator shall adopt in its discretion. The Settlement Administrator shall be responsible for developing an appropriate plan to audit Claims.
77. Within 30 days of the Effective Date, the Settlement Administrator shall submit a report to the State Defendants and Class Counsel of all Claims eligible for a Settlement Payment as defined by Paragraph 70. The State Defendants shall then transfer to the Settlement Administrator an amount equal in value to the total Settlement Amount of those Claims, less the amounts of Claims submitted by Settlement Class Members upon preliminary approval by who opted out of this Agreement (“Settlement Fund”). The Settlement Fund shall be made with moneys other than those comprising the Court will include a Claim Form (attached as Exhibit D)Fund.
278. Within 90 days after the Effective Date, the Settlement Administrator shall distribute Settlement Payments to each Claimant entitled to receive them under the provisions of Paragraph 71. Settlement Payments made by check shall have an appropriate legend to indicate that such payments are Settlement Payments.
79. The Claim Form will explain that Settlement Administrator shall make one and only one attempt to re- mail any returned check to the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3extent updated address information can be obtained through reasonable efforts. The method for a putative Settlement Administrator shall provide no more than one such check to each Settlement Class Member and shall do so at no cost to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Periodrecipient. Checks shall be valid for 180 days. After expiration of any check, the State Defendants will conduct an escheatment process in accordance with the State Defendants’ standard practice and applicable law.
480. All Settlement Class Members whose claims are postmarked or received at any time before Within the close parameters set forth in this Section X, further specific details of the Claims Period process shall be considered “Claiming Class Members” and shall be entitled subject to receive their share the agreement of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of and the Settlement Class, Class Counsel will send a copy of the form received to State Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Formthat the Settlement Administrator determines, including but not limited in its discretion, that any adjustment to situations arising under the preceding paragraphClaims process or deadlines is called for, the Court Settlement Administrator shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. confer with Class Counsel shall be solely responsible for any mistake or error in and the validation or payment of claims to Settlement Class Members.
10State Defendants. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will Changes may be made to the Settlement Claims process set forth in this Section X, by agreement between Class Member’s estate orCounsel and the State Defendants, in order to facilitate the event there is no estateworking of the Claims process or accomplishment of the goals of the Claims process, subject to approval by the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesCourt.
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1. The Notice of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D).
2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Each Settlement Class Member shall be entitled to submit a claim is for a cash payment as set forth below. The period for submitting such claims shall commence upon the Notice Date and continue for no less than 90 days (the “Notice Period”). The Settlement Administrator shall, subject to the supervision of the Court, administer the relief provided by returning this Stipulation by processing Claim Forms in a signed Claim Form rational, responsive, cost effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Stipulation. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices, and such records will be made available to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015Defendant’s Counsel, the Parties will agree and their representatives promptly upon request. The Settlement Administrator shall also provide reports and other information to amend Exhibit A accordingly and add the individual Court as a the Court may require. The Settlement Class Member. Administrator shall promptly provide Class Counsel will inform and Defendant’s Counsel with information concerning Notice, administration and implementation of the individual whether Stipulation. Should the Court request or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as should it be reasonably advisable to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraphdo so, the Court Parties, in conjunction with the Settlement Administrator, shall retain jurisdiction to adjudicate the dispute raised by submit a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection timely report to the SettlementCourt summarizing the work performed by the Settlement Administrator. Without limiting the foregoing, unless he or she does so in writing during the Claims Period pursuant Settlement Administrator shall:
i. upon request, promptly forward to Defendant’s Counsel and Class Counsel, copies of all documents and other materials relating to the specific instructions set forth in administration of the Notice and in Section VII of this agreementStipulation;
ii. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement receive requests from Class Members to exclude themselves from the Settlement Class and will not solicit promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any requests for exclusion from Class Members after the Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
iii. provide reports and summaries, as requested, to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received and the identity of the Settlement Class Members Members;
iv. employ reasonable procedures to exclude themselves from screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement.
11Settlement Administrator determines that there is evidence of fraud. Where The Settlement Administrator will review each Claim Form based upon the initial submission by a named Plaintiff or Settlement Class Member and ensure that each is deceasedcomplete, upon receipt properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of proper identification this Agreement. The Settlement Administrator is empowered to pay legitimate and documentation of valid claims only.
v. prepare a declaration attesting to compliance with the payeeClass Notice requirements set forth below and identifying all opt-outs and/or objectors. Such declaration shall be provided to Defendant’s interest, payment will be made Counsel and Class Counsel for filing with the Court no later than fourteen (14) days prior to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesFinal Approval Hearing.
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1A Settlement Claim as to a Settlement Benefit shall be deemed an extent both the Settlement Claim and Claim Form in question meet all requirements of ¶ 2.1 that are applicable to such Settlement Claim as to such Settlement Benefit and such Claim Form. The Notice of Class Action Settlement Administrator, in its sole discretion to be mailed reasonably exercised, will determine whether and if so to what extent a Settlement Class Members upon preliminary approval by the Court will include Claim is to be deemed an Approved Claim and a Claim Form (attached as Exhibit D)is to be deemed a Valid Claim Form under the preceding sentence of this ¶ 2.2.
22.2.1. The Upon receipt of an incomplete or unsigned Claim Form will explain or a Claim Form that the deadline for submitting claims for payment from is not accompanied by sufficient documentation or information to determine whether and if so to what extent the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim included in such Claim Form should be deemed an Approved Claim, the Settlement Administrator shall request additional information (i.e., Claim Supplementation) and give the claimant 30 days to Class Counsel within provide the Claims Period.
4requested Claim Supplementation before rejecting the claim. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period Requests for Claim Supplementation shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith made within twenty (20) 30 days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class MemberDeadline. In the event of a dispute over a Claim Form, including but not limited to situations arising under unusual circumstances interfering with compliance during the preceding paragraph30-day period, the Court claimant may request and, for good cause shown (e.g., illness, military service, out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall retain jurisdiction be given a reasonable extension of the 30-day deadline in which to adjudicate comply; however, in no event shall the dispute raised by a Party or a putative deadline be extended to later than 180 days from the Effective Date. If the requested Claim Supplementation is not timely provided, then the Claim Form will be deemed invalid and the Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member Claim shall not be permitted deemed an Approved Claim.
2.2.2. Prior to exclude himself determining that any Settlement Claim is or herself from is not to be deemed an Approved Claim and any Claim Form is or is not to be deemed a Valid Claim Form under ¶ 2.2, the SettlementSettlement Administrator shall offer Arby’s and Class Counsel an opportunity to review and comment on any or all Settlement Claims and Claim Forms and provide such relevant information to the Settlement Administrator as ▇▇▇▇’s may wish to provide. The Parties in any event agree that no determination that any Settlement Claim is to be deemed an Approved Claim or any Claim Form is to be deemed a Valid Claim Form shall be deemed to constitute a finding against or in favor of any Party, or submit an objection admission or waiver by any Party, as to any matter of fact, law or evidence having any collateral effect on any claim in the Litigation or in any other proceeding before any other forum or authority, and the Parties further agree that no such determination that any Settlement Claim is to be deemed an Approved Claim or any Claim Form is to be deemed a Valid Claim Form shall be submitted to or admissible in any other proceeding or before any other forum or authority.
2.2.3. Following expiration of the Claims Deadline and all deadlines applicable to all requests for Claim Supplementation, the Settlement Administrator shall within 30 days (which shall be the “Determination Date”) determine whether and if so to what extent each Settlement Claim shall be deemed an Approved Claim.
2.2.4. The Settlement Administrator shall provide periodic updates to Class Counsel and ▇▇▇▇’s regarding Claim Form submissions beginning within thirty business days after the commencement of the Notice Program continuing on a monthly basis thereafter through the Claims Deadline. Within 15 days of the Determination Date, the Settlement Administrator shall determine, and shall deliver a detailed report (the “Calculation Report”) to the SettlementParties setting out the Settlement Administrator’s determinations of, unless he the following:
(a) for those Approved Claims as to which the claimant is entitled to expense reimbursement under ¶ 2.1.1,
(i) the amount of such reimbursement and (if applicable) compensation for time spent under ¶ 2.1.1(a) or she does so ¶ 2.1.1(b) to be made on each such Approved Claim, and
(ii) the aggregate amount of such reimbursement and compensation fundable by ▇▇▇▇’s for payments to be made on such Approved Claims,
(iii) in writing during the Claims Period pursuant each case after giving effect to the specific instructions set forth extent necessary to both the Reimbursement Cap and the Aggregate Cap;
(b) for those Approved Claims as to which the claimant is entitled to enroll in the Notice identity theft protection service under ¶ 2.1.2,
(i) the number of months of identity theft protection service to which each claimant is entitled, and
(ii) the aggregate amount fundable by ▇▇▇▇’s for the identity theft protection service,
(iii) in each case after giving effect to the extent necessary to both the Aggregate Cap and in Section VII the Identity Theft Protection Sub-Cap; and
(c) the total of the aggregate amounts fundable by ▇▇▇▇’s under this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection¶ 2.2.4 (the “Arby’s Payment”).
92.2.5. Upon issuance of the Calculation Report, ▇▇▇▇’s and Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims have 14 days to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation challenge such calculation of the payeeArby’s interestPayment by filing an appropriate motion with the Court, payment will absent which the amount of the Arby’s Payment shall be made to the Settlement Class Member’s estate or, in deemed final. In the event there that a motion challenging the calculation is no estateso filed with the Court, to the amount of the Arby’s Payment shall not be deemed final and distribution of Settlement Class Member’s next Benefits hereunder shall be suspended (unless expressly otherwise agreed by the Parties) until final judicial resolution of kin in the following priority: challenge (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativesincluding any appeals).
Appears in 1 contract
Sources: Settlement Agreement
Claims Process. 1. The Notice of Class Action Settlement to be mailed to a. A Settlement Class Members upon preliminary approval by the Court will include Member must submit a Claim Form (attached as Exhibit D).
2in order to make a claim, either by mail or online. The To be valid, the Claim Form will explain that must contain: (1) the deadline for submitting claims for payment from full name, mailing address of the Settlement Fund is 90 days from Class Member; (2) the date telephone number at which he or she can be reached; (3) the Forms are mailed (telephone number(s) on which the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within maintains he or she received the Claims Period.
Phone Calls from or on behalf of Defendant; (4. All Settlement Class Members whose claims are postmarked or received at any time before ) the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share signature of the Settlement Funds as outlined belowClass Member, verifying that the information on the form is accurate and that the Settlement Class Member received allegedly unlawful calls from Defendant; and (5) where applicable, any unique identification code contained in that Settlement Class Member’s Class Notice. Claim Forms submitted by mail must be postmarked by the last day of the Claim Period. Claim Forms submitted through the Settlement Website must be submitted on or before the last day of the Claim Period. Claim forms submitted online shall allow for electronic signature.
b. No later than fifteen days after the close of the Claims Period shall be accepted if received before Claim Period, the Final Approval Hearing Settlement Administrator will review each claim that is submitted within the Claim Period. If the claim is timely, sets forth the information required in Section 5(a), is signed (by written or electronic signature), and submitted is not duplicative of a previously-approved claim, then the Settlement Administrator will approve the claim. If a claim is denied as deficient in good faith within twenty (20) that it lacks a signature or any of the information required in Section 5(a), the Settlement Administrator will provide the Settlement Class Member with an opportunity to cure the deficiency by sending an email or letter describing the deficiency and informing the Settlement Class Member that he or she has fourteen days after to correct the 90th day from the Notice Date.
5issue. The Named Plaintiffs Settlement Administrator will not provide reports weekly to the Parties’ counsel on the number of claims that are received, the number that were denied, the number found to be required to submit a Claim Form deficient, and are automatically considered “Claiming Class Members.”
6the number that were approved. If Class Counsel receives there are any disputes over the validity of a Claim Form from a person not currently recognized as a member of claim, the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. DefendantsParties’ counsel will produce any record of court eventsattempt to resolve such disputes between themselves, arrestsand if not successful, and/or jailings in the possession of disputes will be promptly presented to the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Memberresolution.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those Settlement Class Members who timely and properly request exclusion, all Settlement Class Members will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for any mistake or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves from the Settlement and will not solicit Settlement Class Members to exclude themselves from the Settlement.
11. Where a named Plaintiff or c. Each Settlement Class Member is deceasedentitled to make only a single claim, upon receipt of proper identification and documentation regardless of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next number of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relativescalls received.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Claims Process. 1. The Notice of 13.1 Every Settlement Class Action Member who wishes to receive a Settlement Payment must submit a Claim Form to the Settlement Administrator.
13.2 Claim Forms will be mailed made available to Settlement Class Members upon preliminary approval by the Court Settlement Administrator on the Settlement Website following the Settlement Approval Order. Claim Forms may be completed online and submitted electronically to the Settlement Administrator, or printed from the Settlement Website and mailed to the Settlement Administrator at the address provided in the Notice of Settlement Approval.
13.3 Settlement Class Members are not required to submit proof of purchase. No Settlement Class Member may claim compensation, even with proof of purchase, in respect of more than 30 bottles of Dial Complete.
13.4 All Settlement Claims received or postmarked prior to the Claims Deadline will include be considered by the Settlement Administrator and deemed either valid (as meeting the requirements of this Agreement) or invalid (as failing to meet the requirements of this Agreement). All Settlement Claims received or postmarked after the Claims Deadline will be deemed invalid.
13.5 After the Final Order Date, the Settlement Administrator will send each Eligible Claimant a Settlement Payment via PayPal, using the email address provided in their Claim Form. If an Eligible Claimant does not have a PayPal account connected to the email provided in their Claim Form, they must set up such an account in order to accept their Settlement Payment. No Settlement Payments will be delivered to any Eligible Claimant before the Final Order Date.
13.6 All Settlement Payments will be made directly and exclusively to the Eligible Claimant. No Settlement Class Member or Eligible Claimant may assign or otherwise transfer his or her rights under this Agreement.
13.7 Every Settlement Class Member who submits a Claim Form (attached as Exhibit D).
2deemed invalid by the Settlement Administrator will receive a Notice of Denied Claim. The Settlement Administrator will not alert Settlement Class Members to deficiencies in their Claim Forms, nor will the Settlement Administrator provide opportunities to cure deficiencies. The Settlement Administrator’s decision regarding the validity of a Claim Form will explain that the deadline for submitting claims for payment is final. There is no right of appeal from the Settlement Fund is 90 days from Administrator’s decision regarding the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close validity of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
8. The above notwithstanding, a Settlement Class Member shall not be permitted to exclude himself or herself from the Settlement, or submit an objection to the Settlement, unless he or she does so in writing during the Claims Period pursuant to the specific instructions set forth in the Notice and in Section VII of this agreement. Except for those 13.8 Settlement Class Members who timely and properly request exclusion, all Settlement Class Members submit Claim Forms that are not postmarked before the Claims Deadline or submitted online before the Claims Deadline will be bound by this Settlement, including its release provisions, even if they do not submit a claim and/or even if they file an objection.
9. Class Counsel shall be solely responsible for receive any mistake payment or error in the validation or payment of claims to Settlement Class Members.
10. The Parties and their counsel agree that none of them will encourage Settlement Class Members to exclude themselves communication from the Settlement and will not solicit Settlement Class Members to exclude themselves from the SettlementAdministrator.
11. Where a named Plaintiff or Settlement Class Member is deceased, upon receipt of proper identification and documentation of the payee’s interest, payment will be made to the Settlement Class Member’s estate or, in the event there is no estate, to the Settlement Class Member’s next of kin in the following priority: (1) spouse; (2) children; (3) parents; (4) siblings; and (5) other relatives.
Appears in 1 contract