Common use of EXCLUDING YOURSELF FROM THE SETTLEMENT Clause in Contracts

EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlement, you must submit a completed and signed Opt-Out Form by U.S. mail at the below address or online at . Alternatively, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent to be excluded from the Settlement (the request can only be made for you, not on another person’s behalf); Your request for exclusion must be submitted online at , after which you must verify the opt-out at the email address you provide, or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 If you exclude yourself, you are stating to the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked no later than .

Appears in 2 contracts

Samples: Class Action Settlement Agreement and Release, Class Action Settlement Agreement and Release

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EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not want to receive any benefits a Cash Award from the this Settlement, and you want to keep the right to xxx or continue to xxx Defendants on your right, if any, to separately sue the Defendant own about the legal issues in this case, then you must take steps to exclude yourself from the Settlement ClassSettlement. This Sometimes excluding yourself is called referred to as “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlement, you must submit send a completed and signed Opt-Out Form letter by U.S. mail at the below address or online at . Alternativelysaying that you want to be excluded from In re Capital One Telephone Consumer Protection Act Litigation, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case MDL No. 7:23-cv-01888 (S.D.N.Y.)2416, Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case Master Docket No. 1:231:12-cv-00038 cv-10064 (W.D.N.CN.D. Ill.). Be sure to include your full name, address, and Xxxxxx, et altelephone number. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) You must also include a statement clearly indicating your intent that you wish to be excluded from the Settlement. You must mail your letter requesting exclusion postmarked no later than [DATE] to: Capital One TCPA Settlement Claims Administrator X.X. Xxx 00000 Xxxxxxxx, XX 00000-0000 If you ask to be excluded, you will not get any Settlement Award, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendants in the future about the legal claims in this case. If you do not exclude yourself and the Settlement is finally approved, you give up any right to xxx Capital One, AllianceOne, Capital Management Systems, and Leading Edge Recovery Solutions on any of the claims that this Settlement resolves. If you have a pending lawsuit against Capital One, Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, and AllianceOne Receivables Management, Inc. over these claims, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any location other than the address above or after the deadline. You must sign your letter requesting exclusion. A lawyer cannot sign for you. No one else can only sign for you. If you opt out, your name will appear in the Court’s records to identify you as someone not bound by the Settlement. EXCLUSION LETTERS THAT ARE NOT POSTMARKED ON OR BEFORE [DATE] WILL NOT BE HONORED. THE LAWYERS REPRESENTING YOU The Court appointed the following law firms to represent you and other Settlement Class Members: Lead Class Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx, PLLC 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000-0000 Telephone: (000) 000-0000 Xxxxxxx Counsel: Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP, and Xxxxx Xxxxxx Co., LPA; Amadeck Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; Xxxxx counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; Xxxx Counsel: Xxxxx Law Offices, LLC; and Xxxxxxxxx Counsel: Xxxxx Law, Ltd. These lawyers are called Class Counsel. You will not be charged for these lawyers' services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to $22,636,528 (30% of the Settlement Fund) to compensate them for expenses and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also request an award of service payments of $5,000 each to the five Class Representatives, in compensation for their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. Any objection to Class Counsel’s application for youattorneys’ fees and costs may be mailed, not on another person’s behalf); Your request for exclusion and must be submitted online at postmarked no later than [DATE], after which you must verify is 29 days following the opt-out at filing of Class Counsel’s motion for an award of attorneys’ fees and costs. You can object by sending a letter addressed to the email address you provide, or via U.S. mail Court at the address below: Fabuloso listed in the next section of this Notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number, and the reasons you object to the proposed award, or to the amount of the proposed award. OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 or some part of it. You can tell the Court that you do not agree with the Settlement or some part of it. If you exclude yourselfare a Settlement Class Member, you are stating can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying that you object to the proposed Settlement in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and whether you intend to appear at the fairness hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than [DATE]. The objection must be mailed to: Clerk of Court U.S. District Court, Northern District of Illinois Xxxxxxx XxXxxxxx Xxxxxxx United States Courthouse 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000 Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (also known as opting out), is telling the Court that you do not want to be part of included in the Settlement. You will not be eligible to receive a payment if If you exclude yourself, you cannot object because the Settlement no longer affects you. THE FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will be held at [TIME] on [DATE] in Courtroom 1801 of the U.S. District Court for the Northern District of Illinois, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards as described above, and in what amounts. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense. You may only exclude ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear at the Fairness Hearing in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You cannot speak at the hearing if you excluded yourself – not any other personfrom the Settlement Class. If submitted electronically, the Opt-Out Form or any written request Your letter stating your notice of intention to opt-out must be submitted on or before . If submitted by U.S. mail, the Opt-Out Form, or any written request to opt-out appear must be postmarked no later than [DATE] and be sent to the following address: Clerk of Court U.S. District Court, Northern District of Illinois Xxxxxxx XxXxxxxx Xxxxxxx United States Courthouse 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000 IF YOU DO NOTHING If you do nothing, and are a Settlement Class Member, you will not receive a Cash Award after the Court approves the Settlement and any appeals are resolved. In order to receive a Cash Award, you must submit a valid and timely Claim Form. Unless you exclude yourself, you will be bound by the terms and conditions of the Settlement and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case, ever again. GETTING MORE INFORMATION This Notice summarizes the proposed Settlement. More details are in the Amended Settlement Agreement. You can get a copy of the Amended Settlement Agreement by calling the Claims Administrator toll-free at 1-844-357-TCPA (0-000-000-0000); writing to: Capital One TCPA Settlement Claims Administrator, X.X. Xxx 00000-0000, Xxxxxxxx, XX 00000; or visiting the website at xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, where you will find answers to common questions about the Settlement, a claim form, plus other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment or credit. On the website, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, there is a complete notice of the settlement in Spanish. En el sitio web, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, hay una notificación completa del acuerdo en Español. EXHIBIT C IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE CAPITAL ONE TELEPHONE CONSUMER PROTECTION ACT LITIGATION ) ) ) ) ) Master Docket No. 1:12-cv-10064 MDL No. 2416 This document relates to: XXXXXXXX AMADECK, et al., v. CAPITAL ONE FINANCIAL CORPORATION, and CAPITAL ONE BANK (USA), N.A. ) ) ) ) ) ) ) ) ) Case No: 1:12-cv-10135 This document relates to: XXXXXXXX XXXXXX, et al., v. LEADING EDGE RECOVERY SOLUTIONS, LLC, and CAPITAL ONE BANK (USA), N.A. ) ) ) ) ) ) ) ) ) Case No: 1:11-cv-05886 This document relates to: XXXXXXX X. XXXXXXXXX, v. CAPITAL MANAGEMENT SERVICES, L.P. and CAPITAL ONE BANK (USA), N.A. ) ) ) ) ) ) ) ) ) Case No: 1:12-cv-01061 [AMENDED PROPOSED] FINAL ORDER OF DISMISSAL The Court having held a Final Approval Hearing on [DATE] , notice of the Final Approval Hearing having been duly given in accordance with this Court’s Order

Appears in 2 contracts

Samples: Amended Settlement Agreement and Release, Amended Settlement Agreement and Release

EXCLUDING YOURSELF FROM THE SETTLEMENT. 1611. How do I opt out exclude myself from the Settlement Class? If you don’t want to be part of the Settlement? If you do not want to receive any benefits from the Settlement, and or if you want to keep the right to sue or continue suing HPIH, HII or Xxxxxxxx on your right, if any, to separately sue the Defendant own about the legal issues in this caseReleased Claims, then you must take steps to exclude yourself from the Settlement Class. This is also called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To If you exclude yourself from the Settlement Class, you will not be bound by the Settlement and will not receive any relief offered by the Settlement, but you will be free to file and then pursue your own individual lawsuit regarding the Released Claims if you wish to do so. However, the Court has ruled that neither the Settlement, nor this Notice, nor the Court’s preliminary approval order may be used as evidence in such individual lawsuits. You should be aware that if you do exclude yourself and plan to file your own action against Defendants, the statute of limitations applicable to your claim may prevent you from separately suing Defendants unless you act promptly. To exclude yourself, you must submit mail a completed and signed Opt-Out Form letter sufficiently in advance to be received by U.S. mail at the below address or online at . Alternatively, Settlement Administrator no later than [MONTH DAY YEAR] saying that you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent want to be excluded from the Settlement (the request can only be made for you, not on another person’s behalf); Class. Your request for exclusion letter must be submitted online at addressed to HII Class Action Settlement Administrator, after which you c/o JND Legal Administration, X.X. Xxx 00000, Xxxxxxx, Xxxxxxxxxx 00000, and must verify the opt-out at the (i) contain a caption or title that identifies it as a “Request for Exclusion in Belin v. HII”; (ii) include your name, mailing address and email address you provide, or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 If you exclude yourself, you are stating to the Court address(es) and contact telephone number; (iii) specify that you do not want to be part of excluded from the Settlement. You will not Settlement Class; and (iv) be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted personally signed by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked no later than you.

Appears in 1 contract

Samples: Settlement Agreement

EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not don’t want to receive any benefits a payment from the Settlementthis settlement, and but you want to keep your rightthe right to xxx or continue to xxx Defendants, if any, to separately sue the Defendant about the legal issues in this case, then you must take steps to exclude remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlementsettlement, you must submit send a completed letter to the address below saying that you want to be excluded from the Mey v. Venture Data, LLC, and signed Opt-Out Form by U.S. mail at the below address or online at . AlternativelyPublic Opinion Strategies, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co.LLC, Case No. 7:235:14-cv-01888 (S.D.N.Y.)cv-123 settlement. You must sign the letter and include the following: your full name, Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C)address, and Xxxxxxtelephone number where you may be contacted, et al. v. Colgate- Palmolive Companythe telephone number(s) which you maintain was called by Venture Data, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name the number of alleged unlawful calls received, and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent that you wish to be excluded from the Settlement of this litigation. You must mail your exclusion request postmarked no later than Month XX, XXXX to the following address: 5003 Venture Data Settlement Settlement Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the phone or by fax or email. If you ask to be excluded, you will not get any payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendants in the request can only be made future. Unless you exclude yourself, you give up any right to xxx Defendants for youthe claims that this settlement resolves. If you already have a lawsuit that may relate to the claims being released as part of this class settlement, not on another person’s behalf); Your request for you should speak to your lawyer in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion must be submitted online at deadline is Month XX, after which you must verify the opt-out at the email address you provide, or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 XXXX. If you exclude yourself, you are stating to the Court that you do not want submit a Claim Form to be part of the Settlement. You will not be eligible to receive ask for a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked no later than payment.

Appears in 1 contract

Samples: Settlement Agreement

EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not don’t want to receive any benefits a payment from the Settlementthis settlement, and but you want to keep your rightthe right to xxx or continue to xxx Defendant, if any, to separately sue the Defendant about the legal issues in this case, then you must take steps to exclude remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlementsettlement, you must submit send a completed and signed Opt-Out Form by U.S. mail at the below address or online at . Alternatively, letter saying that you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent want to be excluded from the Xxxxxxx x. Xxxxxx Auto, LLC d/b/a Sagent Lending Technologies, Civil Action No. 2:18-cv-1054 settlement. You must sign the letter and include a statement that you wish to be excluded from this action. Please be sure to include your name, address and telephone number and signature. You must mail your exclusion request postmarked no later than [INSERT DATE 81 DAYS AFTER PRELIMINARY APROVAL ORDER ENTERED ON DOCKET to the following address: XXXXXX Settlement (Administrator P.O. Box XXXX City, State Zip Code You cannot exclude yourself on the request can only be made for you, not on another person’s behalf); Your request for exclusion must be submitted online at , after which you must verify the opt-out at the email address you provide, phone or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 by fax or email. If you exclude yourselfask to be excluded, you are stating will not get any payment, and you cannot object to the Court that you do not want to be part of the Settlementsettlement. You will not be eligible to receive a payment if you exclude yourselflegally bound by anything that happens in this lawsuit. You may only exclude yourself – be able to xxx (or continue to xxx) Defendant in the future. THE LAWYERS REPRESENTING YOU The Court has appointed Xxxxxxx Xxxxxx and Xxxxxxx Xxxxx of XXXXX XXXXXX, Xxxxxx Xxxxxxxxxx of XXXXX CABRASER XXXXXXX & XXXXXXXXX, LLP, Xxxx Xxxxx of XXXXX LAW OFFICES, Xxxxxx Xxxxxxxxx of XXXXXXXXX LAW, Xxxxxxx XxXxx of THE LAW OFFICE OF XXXXXXX XxXXX and Xxxxxx Xxxxxxx of THE LAW OFFICEOF XXXXXX XXXXXXX to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not any other personbe charged for these lawyers. If submitted electronicallyyou want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Opt-Out Form or any written Court to approve payment of up to 33 1/3% of the $1,750,000 Settlement Fund. Class Counsel will also seek recovery of their actual expenses spent on the litigation. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request a service award of $10,000 for the named Plaintiff to opt-out must be submitted on or before compensate him for his time and effort. If submitted by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked no later The Court may award less than these amounts.

Appears in 1 contract

Samples: Class Action Settlement Agreement

EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not want to receive any benefits a Cash Award from the this Settlement, and you want to keep the right to xxx or continue to xxx Defendants on your right, if any, to separately sue the Defendant own about the legal issues in this case, then you must take steps to exclude yourself from the Settlement ClassSettlement. This Sometimes excluding yourself is called referred to as “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlement, you must submit send a completed and signed Opt-Out Form letter by U.S. mail at the below address or online at . Alternativelysaying that you want to be excluded from In re Capital One Telephone Consumer Protection Act Litigation, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case MDL No. 7:23-cv-01888 (S.D.N.Y.)2416, Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case Master Docket No. 1:231:12-cv-00038 cv-10064 (W.D.N.CN.D. Ill.). Be sure to include your full name, address, and Xxxxxx, et altelephone number. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) You must also include a statement clearly indicating your intent that you wish to be excluded from the Settlement. You must mail your letter requesting exclusion postmarked no later than [DATE] to: Capital One TCPA Settlement Claims Administrator X.X. Xxx 00000 Xxxxxxxx, XX 00000-0000 If you ask to be excluded, you will not get any Settlement Award, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to xxx (or continue to xxx) Defendants in the future about the legal claims in this case. If you do not exclude yourself and the Settlement is finally approved, you give up any right to xxx Capital One, AllianceOne, Capital Management Systems, and Leading Edge Recovery Solutions on any of the claims that this Settlement resolves. If you have a pending lawsuit against Capital One, Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, and AllianceOne Receivables Management, Inc. over these claims, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any location other than the address above or after the deadline. You must sign your letter requesting exclusion. A lawyer cannot sign for you. No one else can only sign for you. If you opt out, your name will appear in the Court’s records to identify you as someone not bound by the Settlement. EXCLUSION LETTERS THAT ARE NOT POSTMARKED ON OR BEFORE [DATE] WILL NOT BE HONORED. THE LAWYERS REPRESENTING YOU The Court appointed the following law firms to represent you and other Settlement Class Members: Lead Class Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx, PLLC 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000-0000 Telephone: (000) 000-0000 Xxxxxxx Counsel: Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP, and Xxxxx Xxxxxx Co., LPA; Amadeck Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; Xxxxx counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx PLLC, and Xxxxxxxxxx & Xxxxxxxx; Xxxx Counsel: Xxxxx Law Offices, LLC; and Xxxxxxxxx Counsel: Xxxxx Law, Ltd. These lawyers are called Class Counsel. You will not be charged for these lawyers' services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to $22,636,528 (30% of the Settlement Fund) to compensate them for expenses and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also request an award of service payments of $5,000 each to the five Class Representatives, in compensation for their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. Any objection to Class Counsel’s application for youattorneys’ fees and costs may be mailed, not on another person’s behalf); Your request for exclusion and must be submitted online at postmarked no later than [DATE], after which you must verify is 29 days following the opt-out at filing of Class Counsel’s motion for an award of attorneys’ fees and costs. You can object by sending a letter addressed to the email address you provide, or via U.S. mail Court at the address below: Fabuloso listed in the next section of this Notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number, and the reasons you object to the proposed award, or to the amount of the proposed award. OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 or some part of it. You can tell the Court that you do not agree with the Settlement or some part of it. If you exclude yourselfare a Settlement Class Member, you are stating can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying that you object to the proposed Settlement in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and whether you intend to appear at the fairness hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than [DATE]. The objection must be mailed to: Clerk of Court U.S. District Court, Northern District of Illinois Xxxxxxx XxXxxxxx Xxxxxxx United States Courthouse 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000 Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (also known as opting out), is telling the Court that you do not want to be part of included in the Settlement. You will not be eligible to receive a payment if If you exclude yourself, you cannot object because the Settlement no longer affects you. THE FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. This Fairness Hearing will be held at [TIME] on [DATE] in Courtroom 1801 of the U.S. District Court for the Northern District of Illinois, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards as described above, and in what amounts. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long it will take the Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense. You may only exclude ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that you intend to appear at the Fairness Hearing in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, and telephone number. You cannot speak at the hearing if you excluded yourself – not any other personfrom the Settlement Class. If submitted electronically, the Opt-Out Form or any written request Your letter stating your notice of intention to opt-out must be submitted on or before . If submitted by U.S. mail, the Opt-Out Form, or any written request to opt-out appear must be postmarked no later than [DATE] and be sent to the following address: Clerk of Court U.S. District Court, Northern District of Illinois Xxxxxxx XxXxxxxx Xxxxxxx United States Courthouse 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000 IF YOU DO NOTHING If you do nothing, and are a Settlement Class Member, you will not receive a Cash Award after the Court approves the Settlement and any appeals are resolved. In order to receive a Cash Award, you must submit a valid and timely Claim Form. Unless you exclude yourself, you will be bound by the terms and conditions of the Settlement and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case, ever again. GETTING MORE INFORMATION This Notice summarizes the proposed Settlement. More details are in the Amended Settlement Agreement. You can get a copy of the Amended Settlement Agreement by calling the Claims Administrator toll-free at 1-844-357-TCPA (0-000-000-0000); writing to: Capital One TCPA Settlement Claims Administrator, X.X. Xxx 00000-0000, Xxxxxxxx, XX 00000; or visiting the website at xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, where you will find answers to common questions about the Settlement, a claim form, plus other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment or credit. On the website, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, there is a complete notice of the settlement in Spanish. En el sitio web, xxx.XxxxxxxXxxXXXXxxxxxxxxxx.xxx, hay una notificación completa del acuerdo en Español. EXHIBIT C IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE ) CAPITAL ONE TELEPHONE ) CONSUMER PROTECTION ACT ) LITIGATION ) This document relates to: ) ) XXXXXXXX AMADECK, et al., ) ) ) CAPITAL ONE FINANCIAL ) CORPORATION, and CAPITAL ONE ) BANK (USA), N.A. ) This document relates to: ) ) XXXXXXXX XXXXXX, et al., ) ) ) LEADING EDGE RECOVERY ) SOLUTIONS, LLC, and CAPITAL ONE ) BANK (USA), N.A. ) This document relates to: ) ) XXXXXXX X. XXXXXXXXX, ) ) v. ) ) CAPITAL MANAGEMENT ) SERVICES, L.P. and CAPITAL ONE ) BANK (USA), N.A. ) Master Docket No. 1:12-cv-10064 MDL No. 2416 Case No: 1:12-cv-10135 Case No: 1:11-cv-05886 Case No: 1:12-cv-01061 [AMENDED PROPOSED] FINAL ORDER OF DISMISSAL [PROPOSED] FINAL ORDER OF DISMISSAL; The Court having held a Final Approval Hearing on [DATE] , notice of the Final Approval Hearing having been duly given in accordance with this Court’s Order

Appears in 1 contract

Samples: Amended Settlement Agreement and Release

EXCLUDING YOURSELF FROM THE SETTLEMENT. 1610. How do I opt out of the Exclude Myself from this Settlement? If you do not want to receive any benefits from the Settlement, and you want to keep your You have a right, if anyyou so desire, to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is this Settlement. To exclude yourself from the Settlement, you must submit send a completed and signed Opt-Out Form written Request for Exclusion by U.S. mail at post-marked no later than , 2022 [45-days after “Notice Date”], stating clearly that you want to be excluded from the below address or online at Settlement. Alternatively, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits You must include in the litigationRequest for Exclusion your full name, Xxxxxx x. Xxxxxxx-Palmolive Co.address, Case No. 7:23-cv-01888 (S.D.N.Y.)telephone number; the model, Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), model year and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.)VIN of the Settlement Class Vehicle; (ii) your name and current address; (iii) your personal signaturea statement that you are a present or former owner or lessee of a Settlement Class Vehicle; and (iv) a statement clearly indicating specifically and unambiguously state your intent desire to be excluded from the Settlement (Class. You must mail your exclusion request, post-marked no later than , 2022 [45-days after “Notice Date”], to each of the request can only be made for youfollowing: CLAIMS ADMINISTRATOR CLASS COUNSEL DEFENSE COUNSEL RUST CONSULTING, INC. X.X. XXX 00 XXXXXXXXXXX, XX 00000- 0044 XXXXXXX X. XXXXXXXXX, ESQ. XXXXXX XXXXXXXXX LLC 0000 XXXXXXXXX XXXXXX XXXXXX, XX 00000 XXXXXXX X. XXXXXX, ESQ. XXXXXXXX & XXXXX, P.C. 000 XXXXX XXXXXX XXX XXXX, XX 00000 You cannot exclude yourself on another person’s behalf); Your request for exclusion must be submitted online at , after which you must verify the opt-out at the email address you provide, phone or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 by email. If you exclude yourselftimely submit your request to be excluded by U.S. mail, you are stating will not receive any benefits of the Settlement and you cannot object to the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted legally bound by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked no later than anything that happens in this Lawsuit.

Appears in 1 contract

Samples: Settlement Agreement

EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not want wish to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues participate in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlement, you must submit a completed complete the enclosed form of Election Not to Participate in Settlement (“Election Not to Participate”). The Election Not to Participate must be completed, dated, signed by you, and signed Opt-Out Form returned to the Settlement Administrator by U.S. not later than [45 days after SA mails packet]. A Class Member who fails to mail at the below address or online at . Alternatively, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits an Election Not to Participate in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), manner and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name by the deadline specified above will be bound by all terms and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent to be excluded from the Settlement (the request can only be made for you, not on another person’s behalf); Your request for exclusion must be submitted online at , after which you must verify the opt-out at the email address you provide, or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 If you exclude yourself, you are stating to the Court that you do not want to be part conditions of the Settlement, and will receive a Settlement Share, if the Settlement is approved by the Court, and the Judgment, regardless of whether he or she has objected to the Settlement. You Any person who files a complete and timely Election Not to Participate will, upon receipt, no longer be a member of the Settlement Class and will not be eligible to receive a payment Settlement Share, and he or she will not be included in calculating the Settlement Share of any other Class Member. Any such person will retain the right, if any, to pursue at his or her own expense a claim against TPMG. An incomplete or unsigned Election Not to Participate will be deemed invalid. Consistent with AxisPoint policies, there will be no retaliation or adverse action taken against any Class Member who participates in the Settlement or elects not to participate in the Settlement. Settlement Administrator’s Address: If applicable, send your corrected Class Member Settlement Information Sheet or your Election Not to Participate in Settlement to the Settlement Administrator at the following address: AxisPoint Settlement Administrator Simpluris, Inc. X.X. Xxx 00000 Xxxxx Xxx, XX 00000 Class Counsel: Class Counsel may be reached as follows: Xxxxx X. Xxxxxx Xxxxx X. Xxxxxxxx XXXXXXX XXXXXXXX, P.C. Xxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 xxxxxxx@xxxxxxxxx.xxx xxxxxxxxx@xxxxxxxxx.xxx FINAL SETTLEMENT APPROVAL HEARING The Court will hold a final approval hearing on [date], at 10:00 a.m., in Courtroom A602 of the U.S. District Court for the District of Colorado, 000 00xx Xxxxxx, Xxxxxx, Xxxxxxxx 00000, to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve the requests for the Class Representative Payments and the Class Counsel Fees and Expenses Payment. The hearing may be postponed without further notice to the Class. It is not necessary for you exclude yourselfto appear at this hearing. If you have submitted an objection and indicated that you intend to appear in the manner set forth above, you may appear at the hearing and be heard. GETTING MORE INFORMATION The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you are referred to the detailed Settlement Agreement, which will be on file with the Clerk of the Court and available online at the following website: . The pleadings and other records in this litigation, including the Settlement Agreement, may be examined at the Office of the Clerk, U.S. District Court, 000 00xx Xxxxxx, Xxxxxx, Xxxxxxxx 00000, during the Clerk’s normal business hours; on the electronic docket for this case through the Public Access to Court Electronic Records (“PACER”) system, xxxx://xxx.xxx.xxxxxxxx.xxx/cm-ecf. You also may only exclude yourself – not any other personcontact Class Counsel or the Settlement Administrator for additional information. If submitted electronicallyPLEASE DO NOT TELEPHONE THE COURT OR AXISPOINT’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS! YOU MAY, HOWEVER, CALL ANY OF THE CLASS COUNSEL LISTED ABOVE. DATED: . By Order of the OptCourt EXHIBIT B [CLASS MEMBER SETTLEMENT INFORMATION SHEET] XXXXXXX et al. x. XXXXXX SUBSIDIARY LLC d/b/a AXISPOINT HEALTH U.S. District Court for the District of Colorado No. 1:18-Out Form or any written request to optcv-00293-out must be submitted on or before CMA CLASS ACTION SETTLEMENT CLASS MEMBER INFORMATION SHEET IF YOU WANT TO RECEIVE A SHARE OF THE SETTLEMENT OF THE Xxxxxxx et xx x. Xxxxxx Subsidiary LLC d/b/a AxisPoint Health CLASS ACTION, REVIEW THE INFORMATION BELOW TO CONFIRM THAT YOUR CONTACT AND PERSONAL INFORMATION IS CORRECT. If submitted by U.S. mailIF THIS INFORMATION IS ACCURATE, the Opt-Out FormDO NOT RETURN THIS SHEET: YOU AUTOMATICALLY WILL RECEIVE YOUR SETTLEMENT SHARE UNLESS YOU SUBMIT AN ELECTION NOT TO PARTICIPATE. IF THE INFORMATION BELOW IS NOT CORRECT, or any written request to opt-out must be postmarked no later than .PROVIDE CORRECTED INFORMATION, DATE AND SIGN THIS FORM (AT THE BOTTOM OF THE PAGE), AND MAIL IT, POSTMARKED NOT LATER THAN [45 DAYS AFTER SA MAILS PACKET], TO: AxisPoint Settlement Administrator Simpluris, Inc. X.X. Xxx 00000 Xxxxx Xxx, XX 00000

Appears in 1 contract

Samples: Settlement Agreement

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EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not want to receive any benefits from the Settlement, and you want to keep your rightthe right to xxx or continue to xxx Yodel or a Released Party regarding any Released Claim, if anyas defined in the Settlement agreement, to separately sue the Defendant about the legal issues in this case, then you must take steps to exclude yourself from get out of the Settlement Class. This is called “opting out” of excluding yourself from, or opting-out of, the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the SettlementClass, you must submit mail a completed and signed Opt-Out Form by U.S. mail at written exclusion request to the below address or online at claims administrator. AlternativelyTo be valid, you can submit your own written an exclusion request for exclusion that includes the following informationmust: (i) be signed by the lawsuits person in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.)Class who is requesting exclusion; (ii) your include the full name and current addressaddress of the person in the Class requesting exclusion; and (iii) your personal signature; and (iv) a statement clearly indicating your intent include the following statement: “I/we request to be excluded from the Settlement (Class in the request can only be made for you, not on another person’s behalf); Your Yodel TCPA action.” No request for exclusion must will be submitted online at , after which you must verify the opt-out at the email address you provide, or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 If you exclude yourself, you are stating to the Court that you do not want to be part valid unless all of the Settlementinformation described above is included. You will not be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, No person in the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted by U.S. mail, the Opt-Out FormClass, or any written person acting on behalf of or in concert or participation with that person in the Class, may exclude any other person in the Class from the Class. To be valid, your exclusion request to opt-out must be postmarked no later than .Xxxxxx XX, 202_, and mailed to the claims administrator at . If you ask to be excluded, you will not be able to submit a Claim Form for a Settlement payment and you cannot object to the Settlement. If you do not exclude yourself, you give up any right to xxx (or continue to xxx) Yodel or any Released Party concerning any Released Claim as those terms are defined in the Settlement agreement. OBJECTING TO THE SETTLEMENT If you are in the Class, you can object to the Settlement or any part of the Settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the Settlement or the award of any attorneys’ fees and costs and/or service award. To object, you must make your objection in writing, stating that you object to the Settlement in Yodel TCPA Litigation. An objection must

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

EXCLUDING YOURSELF FROM THE SETTLEMENT. 1611. How do I opt out exclude myself from the Settlement Class? If you don’t want to be part of the Settlement? If you do not want to receive any benefits from the Settlement, and or if you want to keep the right to xxx or continue suing HPIH, HII or Xxxxxxxx on your right, if any, to separately sue the Defendant own about the legal issues in this caseReleased Claims, then you must take steps to exclude yourself from the Settlement Class. This is also called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To If you exclude yourself from the Settlement Class, you will not be bound by the Settlement and will not receive any relief offered by the Settlement, but you will be free to file and then pursue your own individual lawsuit regarding the Released Claims if you wish to do so. However, the Court has ruled that neither the Settlement, nor this Notice, nor the Court’s preliminary approval order may be used as evidence in such individual lawsuits. You should be aware that if you do exclude yourself and plan to file your own action against Defendants, the statute of limitations applicable to your claim may prevent you from separately suing Defendants unless you act promptly. To exclude yourself, you must submit mail a completed and signed Opt-Out Form letter sufficiently in advance to be received by U.S. mail at the below address or online at . Alternatively, Settlement Administrator no later than [MONTH DAY YEAR] saying that you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C), and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent want to be excluded from the Settlement (the request can only be made for you, not on another person’s behalf); Class. Your request for exclusion letter must be submitted online at addressed to HII Class Action Settlement Administrator, after which you c/o JND Legal Administration, X.X. Xxx 00000, Xxxxxxx, Xxxxxxxxxx 00000, and must verify the opt-out at the (i) contain a caption or title that identifies it as a “Request for Exclusion in Belin v. HII”; (ii) include your name, mailing address and email address you provide, or via U.S. mail at the address below: Fabuloso Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 If you exclude yourself, you are stating to the Court address(es) and contact telephone number; (iii) specify that you do not want to be part of excluded from the Settlement. You will not Settlement Class; and (iv) be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted personally signed by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked no later than you.

Appears in 1 contract

Samples: Settlement Agreement

EXCLUDING YOURSELF FROM THE SETTLEMENT. 16. How do I opt out of the Settlement? If you do not want to receive any benefits a Cash Award from the this Settlement, and you want to keep the right to sue or continue to sue Defendants on your right, if any, to separately sue the Defendant own about the legal issues in this case, then you must take steps to exclude yourself from the Settlement ClassSettlement. This Sometimes excluding yourself is called referred to as “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is . To exclude yourself from the Settlement, you must submit send a completed and signed Opt-Out Form letter by U.S. mail at the below address or online at . Alternativelysaying that you want to be excluded from In re Capital One Telephone Consumer Protection Act Litigation, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case MDL No. 7:23-cv-01888 (S.D.N.Y.)2416, Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case Master Docket No. 1:231:12-cv-00038 cv-10064 (W.D.N.CN.D. Ill.). Be sure to include your full name, address, and Xxxxxx, et altelephone number. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) You must also include a statement clearly indicating your intent that you wish to be excluded from the Settlement. You must mail your letter requesting exclusion postmarked no later than [DATE] to: Capital One TCPA Settlement Claims Administrator X.X. Xxx 00000 Xxxxxxxx, XX 00000-0000 If you ask to be excluded, you will not get any Settlement Award, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Defendants in the future about the legal claims in this case. If you do not exclude yourself and the Settlement is finally approved, you give up any right to sue Capital One, AllianceOne, Capital Management Systems, and Leading Edge Recovery Solutions on any of the claims that this Settlement resolves. If you have a pending lawsuit against Capital One, Capital Management Systems, LP, Leading Edge Recovery Solutions, LLC, and AllianceOne Receivables Management, Inc. over these claims, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any location other than the address above or after the deadline. You must sign your letter requesting exclusion. A lawyer cannot sign for you. No one else can only sign for you. If you opt out, your name will appear in the Court’s records to identify you as someone not bound by the Settlement. EXCLUSION LETTERS THAT ARE NOT POSTMARKED ON OR BEFORE [DATE] WILL NOT BE HONORED. The Lawyers Representing You The Court appointed the following law firms to represent you and other Settlement Class Members: Lead Class Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx, PLLC 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000-0000 Telephone: (000) 000-0000 Xxxxxxx Counsel: Lieff Cabraser Xxxxxxx & Xxxxxxxxx, XXX, and Xxxxx Xxxxxx Co., LPA; Amadeck Counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx XXXX, and Xxxxxxxxxx & Xxxxxxxx; Xxxxx counsel: Xxxxxxx Xxxxxxxx Xxxxx & Xxxxxx XXXX, and Xxxxxxxxxx & Xxxxxxxx; Xxxx Counsel: Xxxxx Law Offices, LLC; and Xxxxxxxxx Counsel: Xxxxx Law, Ltd. These lawyers are called Class Counsel. You will not be charged for these lawyers' services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel will ask the Court to approve payment of up to $22,636,528 (30% of the Settlement Fund) to compensate them for expenses and for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also request an award of service payments of $5,000 each to the five Class Representatives, in compensation for their time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund. Any objection to Class Counsel’s application for youattorneys’ fees and costs may be mailed, not on another person’s behalf); Your request for exclusion and must be submitted online at postmarked no later than [DATE], after which you must verify is 29 days following the opt-out at filing of Class Counsel’s motion for an award of attorneys’ fees and costs. You can object by sending a letter addressed to the email address you provide, or via U.S. mail Court at the address below: Fabuloso listed in the next section of this Notice. In your letter you must state that you object. Be sure to include your full name, address, telephone number, and the reasons you object to the proposed award, or to the amount of the proposed award. Objecting To The Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 You can tell the Court that you do not agree with the Settlement or some part of it. You can tell the Court that you do not agree with the Settlement or some part of it. If you exclude yourselfare a Settlement Class Member, you are stating can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court saying that you object to the proposed Settlement in In re Capital One Telephone Consumer Protection Act Litigation, MDL No. 2416, Master Docket No. 1:12-cv-10064 (N.D. Ill.). Be sure to include your full name, address, telephone number, the reasons you object to the Settlement and whether you intend to appear at the fairness hearing on your own behalf or through counsel. Your objection to the Settlement must be postmarked no later than [DATE]. The objection must be mailed to: Clerk of Court U.S. District Court, Northern District of Illinois Xxxxxxx XxXxxxxx Xxxxxxx United States Courthouse 000 Xxxxx Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000 Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (also known as opting out), is telling the Court that you do not want to be part of included in the Settlement. You will not be eligible to receive a payment if If you exclude yourself. You may only exclude yourself – , you cannot any other person. If submitted electronically, object because the Opt-Out Form or any written request to opt-out must be submitted on or before . If submitted by U.S. mail, the Opt-Out Form, or any written request to opt-out must be postmarked Settlement no later than longer affects you.

Appears in 1 contract

Samples: Amended Settlement Agreement and Release

EXCLUDING YOURSELF FROM THE SETTLEMENT. 1613. How do I opt out of exclude myself from the Settlement? If you do not want ask to receive any benefits be excluded from the Settlement, you will not get any Settlement payment, and you want cannot object to keep your rightthe Settlement. You will not be legally bound by anything that has happened in the Lawsuit, and the Settlement would not affect any right you might have, if any, to separately sue the Defendant about the pursue legal issues in this case, you must take steps to action against Xxxxxxx Xxxxx on your own. You may exclude yourself from the Settlement Class. This is called by “opting out” of no later than forty-five (45) days after the Settlement Classdate this Notice was first mailed, i.e., by [DATE] (the “Opt-Out Deadline”). The deadline for requesting exclusion from the Settlement is . To In order to exclude yourself from the Settlement, you must submit mail or email the Settlement Administrator a completed and written, signed statement that you are opting out of the Settlement (an “Opt-Out Form by U.S. mail at the below address or online at Statement”). AlternativelyThe Opt-Out Statement must contain your full name, you can submit your own written request for exclusion that includes the following information: (i) the lawsuits in the litigation, Xxxxxx x. Xxxxxxx-Palmolive Co., Case No. 7:23-cv-01888 (S.D.N.Y.), Xxxxx x. Xxxxxxx- Palmolive America Inc., et al., Case No. 1:23-cv-00038 (W.D.N.C)address, and Xxxxxx, et al. v. Colgate- Palmolive Company, Case No. 7:23-cv-01426 (S.D.N.Y.); (ii) your name and current address; (iii) your personal signature; and (iv) a statement clearly indicating your intent telephone number in order to be excluded valid. The Opt-Out Statement should include the statement: “I elect to exclude myself from the Settlement (in the request can only Xxxxxxx Xxxxx Gender Class Action. I understand that I will not be made for you, not on another person’s behalf); Your request for exclusion entitled to any money under the Settlement.” The Opt- Out Statement must be submitted online at , after which you must verify personally signed in ink and sent in the mail to the Settlement Administrator or scanned and attached to an email to the Settlement Administrator. No opt-out at the email address you provide, or via U.S. mail at the address below: Fabuloso request may be made on behalf of a group of Settlement ATTN: Exclusion Request PO Box 58220 Philadelphia, PA 19102 Class Members. If you exclude yourself, you are stating to the Court that you do not want to submit a timely and valid Opt-Out Statement, you will be part deemed a Settlement Class Member and will be bound by all terms of the Settlement Agreement if the Court grants final approval of the Settlement. You will not An Opt-Out Statement sent by mail must be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. If submitted electronically, postmarked by the Opt-Out Form or any written request to opt-out must be submitted on or before Deadline. If submitted by U.S. mail, you submit the Opt-Out FormStatement via email, or any written request to opt-out it must be postmarked no later than sent to the Settlement Administrator by the Opt-Out Deadline. The Settlement Administrator’s contact information can be found in Section 21. You cannot exclude yourself (opt out) by telephone.

Appears in 1 contract

Samples: Stipulation and Agreement

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