Notice Database. To facilitate the notice and claims administration process, the Settlement Administrator will create a Notice Database from the Call Records that were obtained from the RMG Defendants. The Settlement Administrator will update this information to create the Notice Database, which, commencing as of the date Notice of the Settlement is provided to the Settlement Class Members, should include the names, contact information and status of each claim, and shall be updated on a rolling basis as claims are received throughout the claims period. If any of the terms of this Settlement relating to the Settlement Administrator’s services would unreasonably hinder or delay such processes, the Settlement Administrator will so advise the Parties, and the Parties will accommodate the Settlement Administrator to the extent necessary to carry out the intent of this Agreement. Any personal information relating to members of the Settlement Class provided to the Settlement Administrator or the Parties pursuant to this Settlement will be provided solely for the purpose of providing notice to members of the Settlement Class and allowing them to recover under this Settlement, will be kept in strict confidence, will not be disclosed to any third party, and will not be used for any other purpose. Class Counsel and Cruise Defendants’ counsel shall have equal access to the Notice Database for purposes of making any timely and reasonable objections or making any inquiries with the Settlement Administrator whatsoever relating to the claims process. The Settlement Administrator shall destroy the Notice Database, and all information derived from the Notice Database, after all outstanding checks are stale and any residual distribution has been completed, if appropriate, to the designated cy pres recipient.
Notice Database. The database that the Settlement Administrator will create from the Call Records and which will be updated with names and addresses of potential Settlement Class Members. Sufficient information shall be made available to Class Counsel and the Cruise Defendants to determine the status of each pending claim on a rolling basis commencing after Notice of the Settlement to the class, including sufficient information as to whether the claim is valid and Approved, invalid, fraudulent or otherwise irregular so that objections can be made in compliance with this Agreement.
Notice Database. To facilitate the notice and claims administration process, Defendant will provide to the Settlement Administrator, in an electronically searchable and readable format, a Notice Database that includes reasonably available contact information, including names and mailing addresses, for all known Settlement Class Members, to the extent Defendant possesses such information. Defendant shall provide the Notice Database to the Settlement Administrator as soon as practicable and no later than twenty-one (21) Days after the entry of the Preliminary Approval Order.
Notice Database. To facilitate the notice and claims administration process, I.C. System will provide to the Claims Administrator, in an electronically searchable and readable format, a Notice Database which includes the cellular telephone numbers called for all potential Class Members, as such information is contained in the reasonably available computerized account records I.C. System maintains for Accounts it services. I.C. System will provide the Notice Database to the Claims Administrator and to Class Counsel no later than fifteen (15) business days after the date of the Preliminary Approval Order. I.C. System, Inc. represents for settlement purposes that the estimated size of the class is as follows: approximately 1,033,571 cellular telephone numbers were dialed during the class period with an indication that the wrong number was called. If any of the terms of this Settlement relating to the Claims Administrator’s services would unreasonably hinder or delay such processes or make them more costly, the Claims Administrator shall so advise the Parties, and the Parties will accommodate the Claims Administrator to the extent necessary to carry out the intent of this Settlement Agreement. Any personal information relating to Class Members provided to the Claims Administrator pursuant to this Settlement shall be provided solely for the purpose of providing notice to Class Members and allowing them to recover under this Settlement; shall be kept in strict confidence; shall not be disclosed to Class Counsel; and, shall not be used for any other purpose.
Notice Database. To facilitate the notice and claims administration process, Defendant will provide to the Claims Administrator and to Class Counsel, in an electronically searchable and readable format a list of the cellular telephone numbers which were sent text messages for all known Class Members, as such information is contained in the reasonable available computerized account records Defendant maintains. Defendant will provide this information to the Claims Administrator and to Class Counsel no later than five (5) days after the date of the Preliminary Approval Order. Thereafter the Claims Administrator shall perform a reverse directory lookup to identify the best address for each Class Member. The addresses shall be maintained along with the cell phone number and any other demographic information available for any Class Member in a single electronic file. (“The Notice Database.”) Defendant represents for settlement purposes that the estimated size of the class is 76,189 persons. If any of the terms of this Settlement relating to the Claims Administrator’s services would unreasonably hinder or delay such processes or make them more costly, the Claims Administrator shall so advise the Parties, and the Parties will accommodate the Claims Administrator to the extent necessary to carry out the intent of this Settlement Agreement. Any personal information relating to Class Members provided to the Claims Administrator or Class Counsel pursuant to this Settlement, and the Notice Database, shall be provided solely for the purpose of providing notice to Class Members and allowing them to recover under this Settlement; shall be kept in strict confidence; shall not be disclosed to any third party; and, shall not be used for any other purpose.
Notice Database. To facilitate the notice and claims administration process, Defendants will provide to the Claims Administrator computerized records maintained by Defendants. Those computerized records will be provided by Defendants for purposes of identifying members of the Class and providing Notice to members of the Class. Defendants have provided this data to the Claims Administrator and to Class Counsel. If any of the terms of this Settlement relating to the Claims Administrator’s services would unreasonably hinder or delay such processes or make them more costly, the Claims Administrator will so advise the Parties, and the Parties will accommodate the Claims Administrator to the extent necessary to carry out the intent of this Settlement Agreement. Any personal information relating to Class Members provided to the Claims Administrator pursuant to this Settlement will be provided solely for the purpose of providing notice to Class Members and allowing them to recover under this Settlement; will be kept in strict confidence; will not be disclosed to any third party; and, will not be used for any other purpose.
Notice Database. To facilitate the notice and claims administration process, the Settlement Administrator will create a Notice Database from the Cruise Defendants’ Employment Records. Commencing as of the date the Class Notice of the Settlement is provided to the Settlement Class Members, the Notice Database should include the names, contact information, pay rates and status of each claim, and shall be updated on a rolling basis as claims are received throughout the claims period. Class Counsel and Cruise Defendants’ Counsel shall have equal access to information in the Notice Database for purposes of making any timely and reasonable objections or making any inquiries with the Settlement Administrator whatsoever relating to the claims process. The Settlement Administrator shall destroy the Notice Database, and all information derived from the Notice Database, after all outstanding checks are stale and any residual distribution has been completed.
Notice Database. To facilitate the notice and claims administration process, Defendant will provide to the Claims Administrator as soon as practicable and, in any case, no later than 10 days after the Court’s entry of the Preliminary Approval Order, in an electronically searchable and readable format, the telephone numbers that it called with the Genesys Interactive Intelligence System and/or an artificial or prerecorded voice, from June 8, 2014 though the date the Court grants preliminary approval of the Settlement, where that telephone number has been associated with a wrap-up code of “wrong party” at any time in Defendant’s records. Defendant will also provide, to the extent reasonably available in Defendant’s computerized account records, names, e-mail addresses, and mailing addresses associated with each telephone number referenced above.
Notice Database. To facilitate the notice and claims administration process, Plaintiffs will provide to the Claims Administrator as soon as practicable and, in any case, no later than ten (10) days after the execution of this Settlement Agreement, in an electronically searchable and readable format, the data described in Sections 5.01–5.03.
Notice Database. To facilitate the notice and claims administration process, Defendants will provide to the Claims Administrator, in an electronically searchable and readable format, the Notice List and the Cell Phone Number List. The Notice List will be used to mail the Postcard Notice. Those persons who receive the Postcard Notice need only provide their claim number as set forth on the Postcard Notice to make a claim provided that the claimant acknowledges that he or she did not provide prior express consent to be called on his or her cellphone number, i.e. simply by the act of filing a claim after reading or hearing the statement in the manner set forth herein in Section 10.03 below. The Cell Phone Number List shall be used to verify that a claimant other than a claimant on the Notice List was called on his or her cellphone by comparing the cellphone number provided by the claimant during the claims process to the numbers on the Cell Phone Number List. If the number appears on the Cell Phone Number List, the claim will be approved with the admonition in Section 10.03, i.e., simply by the act of filing a claim after reading or hearing the statement in the manner set forth herein in Section 10.03 below. If the claimant provides more than one cellphone number, and more than one number appears on the Cell Phone Number List, that claimant is entitled to file only one claim. Defendants will provide the Notice List and Cell Phone Number List to the Settlement Administrator within ten (10) days of preliminary approval of this settlement. Class Counsel will not receive the Notice List or Cell Phone Number List but will be able to discuss the specific individuals in the Notice List and specific numbers on the Cell Phone Number List with the Claims Administrator, other co-counsel and defense counsel, on an as-needed basis and obtain the individual names of Class Members if necessary to facilitate the filing or administration of their claims, answer questions for the Class Members, or otherwise assist their Class Member clients without hindrance, if it is necessary or helpful to have the individual’s name or names, or other identifying information, provided to Class Counsel.
