NOTIFICATION PROCESS AND SETTLEMENT ADMINISTRATION Clause Samples

NOTIFICATION PROCESS AND SETTLEMENT ADMINISTRATION. 7.01 Identification of Potential Class Members for Direct Mailing of Notice. To identify potential Class Members for purposes of direct mailing of Class Notice, the Parties shall take the steps described below. a. NMAC will compile a list of the unique cell phone numbers that it Called using equipment that is alleged to be an automatic telephone dialing system or artificial or prerecorded voice message from March 24, 2012 through the date of the Preliminary Approval Order (the “Dialed List”). b. Within thirty-five (35) days of the Preliminary Approval Order, NMAC will provide the Dialed List to Class Counsel in a .csv file format, together with the most recent date that each cell number was Called. c. Class Counsel shall develop a list of the names and addresses of the persons they contend were the recipients of the Calls to the cell numbers included on the Dialed List (the “Call Recipient List”). To develop the Call Recipient list, Class Counsel may use consultants, experts, and data brokers; serve subpoenas to telecommunication carriers; engage in a “reverse phone look up” process; and take such other steps that are reasonably designed to determine the identity of the recipient of Calls to a particular cell number, subject to approval by the Court. Plaintiffs and Class Counsel shall be solely responsible for developing the Call Recipient List, but NMAC will not object to the issuance or enforcement of any subpoenas in connection with this effort. d. Class Counsel shall provide NMAC with the Call Recipient List within ninety-five (95) days of the Preliminary Approval Order. NMAC shall compare that list with its customer database. NMAC shall eliminate, from that list, cell numbers where the call recipient matches NMAC’s customer based on the identifying information contained in the Call Recipient List and NMAC’s customer database. The result of this process will be the “Notice List” that shall be provided to Class Counsel and the Claims Administrator and used for purposes of direct mailing of Class Notice. NMAC will also provide Class Counsel with the total number of NMAC accounts on which Calls were placed to cell numbers on the Notice List. NMAC shall provide Class Counsel and the Claims Administrator with the Notice List within one hundred and twenty (120) days of the Preliminary Approval Order. e. These provisions for identification of potential Class Members and direct mailing of Notice are intended to work in conjunction with the other methods of Not...