Common use of Opt-Out Process Clause in Contracts

Opt-Out Process. a. Any Class Member who wishes to be excluded from the Settlement Class must provide a written request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be mailed, by first class mail, postage prepaid, and postmarked and addressed to the address of the Settlement Administrator indicated in the Notice on or before the Opt-Out Deadline. The Settlement Administrator will provide Counsel for the Parties copies of each request for exclusion it receives. b. In order to be valid, the Opt-Out must be in writing and include: (i) the Class Member’s name, address, telephone number, and the last four digits of the account number; (ii) the name and/or number of this Litigation; and (iii) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the settlement, if approved. c. Except as provided in this Section XI, no Class Member may purport to exercise any exclusion rights of any other person, or purport to exclude other persons as a group, aggregate, or class involving more than one person, or as an agent or representative. Any such purported exclusion shall be invalid and any Class Member that does not submit an opt-out request on his or her own behalf shall be a Settlement Class Member and be bound as a Settlement Class Member for all purposes. If an accountholder for any joint account submits a valid-opt out request, the request will be effective for all accountholders or signatories to such account. d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.

Opt-Out Process. a. Any 1. A Settlement Class Member who wishes to be excluded exclude himself or herself from this Settlement, and from the Settlement Class must provide Release pursuant to this Settlement, shall submit a written request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be mailed, by first class mail, postage prepaid, and postmarked and addressed Request to the Claims Administrator at the address of the Settlement Administrator indicated designated in the Notice on or before no later than the Claim Filing Deadline. Opt-Out Deadline. The Settlement Administrator will provide Counsel for the Parties copies of each request for exclusion it receives. b. In order to be valid, the Opt-Out must be in writing and includeRequests must: (i) be timely submitted by the Class Member’s name, address, telephone number, and the last four digits of the account numberClaim Filing Deadline; (ii) be signed by the name and/or number of this Litigation; and (iii) a statement that person in the Settlement Class Member wishes who is requesting to be excluded from the Settlement Class; (iii) include the full name and address of the person in the Settlement Class requesting exclusion; (iv) include the mobile telephone number on which the person seeking exclusion believes they received the call or calls associated with the request for exclusion, and (v) include the following statement: “I request to be excluded from the settlement in the ▇▇▇▇▇▇▇▇ TCPA action, and to waive all rights to the benefits of the settlement.” No request for exclusion will be valid unless all of the information described above is included, but the exclusion will still be valid even if the telephone number provided does not match the class records of the number called, so long as the other identifying information provided in the Opt- Out Request matches the class records. An No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class. 2. The Claims Administrator may invalidate mass-generated opt outs upon application to the Court by the Parties and subsequent approval by the Court. 3. Settlement Class Members may not submit both an Opt-Out must be signed by the Request and a Claim Form. If a Settlement Class Member. An Member submits both an Opt-Out request that does not contain Request and a Claim Form, the required information, is not signed, or is not postmarked by Claim Form will govern and the Opt-Out Deadline, shall be invalid and the person serving such a request shall Request will be considered a member of invalid unless, prior to the deadline to submit an Opt-Out, the Settlement Class Members confirms in writing their intent to withdraw the claim form in which case the Opt-Out will govern. 4. The Claims Administrator shall maintain a list of persons who have submitted Opt-Out Requests and shall provide such list to the Parties upon written request. 5. All Settlement Class Members will be bound by all determinations and judgments in the settlement, if approved. c. Except as provided Action. In the event that the number of persons in this Section XI, no Class Member may purport to exercise any exclusion rights of any other person, or purport to exclude other persons as a group, aggregate, or class involving more than one person, or as an agent or representative. Any such purported exclusion shall be invalid and any Class Member that does not submit an opt-out request on his or her own behalf shall be a the Settlement Class Member who validly and be bound as a Settlement Class Member for all purposes. If an accountholder for any joint account submits a valid-opt out request, the request will be effective for all accountholders or signatories to such account. d. A list reflecting all timely and valid submit Opt-Outs shall also be filed with the Court at the time Out Requests exceeds ten percent (10%) of the motion for final approval of the settlementclass, Walmart, in its sole and absolute discretion, may terminate this Agreement.

Opt-Out Process. a. Any 62. A Settlement Class Member who wishes to be excluded exclude themselves from the this Settlement Class must provide shall submit a written request for exclusion Opt-Out Request to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be mailed, by first class mail, postage prepaid, and postmarked and addressed to Administrator at the address of the Settlement Administrator indicated designated in the Notice on or before the Opt-Out DeadlineNotice. The Settlement Administrator will provide Counsel for the Parties copies of each request for exclusion it receives. b. In order to be valid, the Opt-Out Request must be in writing and includepostmarked no later than the Opt- Out/Objection Deadline. Opt-Out Requests must: (i) be timely submitted by the Class Member’s name, address, telephone number, and the last four digits of the account numberOpt-Out/Objection Deadline; (ii) be signed by the name and/or number of this Litigation; and (iii) a statement that person in the Settlement Class Member wishes who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: “I request to be excluded from the settlement in the Hirmer v. ESO action, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement.” No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class. 63. An Opt-Out must be signed by Request that is set to an address other than that designated in the Class Member. An Opt-Out request Notice or that does not contain the required information, is not signed, or is not postmarked by within the Opt-Out Deadline, time specified shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Settlement Class Member by the settlementAgreement, if approved. c. Except as 64. If the Settlement Agreement is finally approved by the Court, all Settlement Class Members who have not validly excluded themselves by the Claim Filing/Objection Deadline will be bound by the Settlement Agreement and the relief provided in by the Settlement Agreement will be their sole and exclusive remedy for the Released Claims. 65. Any member of the Settlement Class who elects to be excluded from the settlement shall not: (i) be bound by the Settlement, (ii) be entitled to relief under this Section XISettlement Agreement, no Class Member may purport to exercise (iii) gain any exclusion rights by virtue of any other personthis Settlement Agreement, or purport (iv) be entitled to exclude other persons as a group, aggregate, or class involving more than one person, or as an agent or representativeobject to any aspect of this Settlement Agreement. Any such purported exclusion shall be invalid and any Class Member that does not submit an opt-out request on his or her own behalf shall be a A member of the Settlement Class Member and who requests to be bound as a excluded from the Settlement cannot also object to the Settlement Agreement. Class Member for all purposesCounsel agrees not to solicit any individuals opting to be excluded from the Settlement. If an accountholder for any joint account submits a validThe Opt-opt out request, Out Request must be personally signed by the request will person requesting exclusion. So-called “mass” or “class” exclusion requests shall not be effective for all accountholders or signatories to such accountallowed. d. A 66. The Settlement Administrator shall maintain a list reflecting all timely and valid of persons who have submitted Opt-Outs Out Requests and shall also be filed with provide such list to the Court at the time of the motion for final approval of the settlementParties upon written request.