Prospective Relief Clause Samples
The Prospective Relief clause defines the ability of a party to seek remedies that address future or ongoing harm, rather than just compensating for past damages. In practice, this often includes court orders such as injunctions or specific performance, which require a party to do or refrain from doing certain actions to prevent anticipated violations or continued breaches. The core function of this clause is to provide a mechanism for preventing harm before it occurs or continues, ensuring that parties can protect their interests proactively rather than relying solely on after-the-fact compensation.
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Prospective Relief. Defendant agrees to use all commercially reasonable means to comply with BIPA by implementing the following prospective relief, which shall be implemented within a reasonable time not to exceed three (3) months from the date of entry of the Final Approval Order:
a. Defendant agrees to obtain through commercially reasonable methods BIPA-compliant consent of individuals in Illinois to collect, capture, or obtain their Biometrics. Such methods may consist of undertaking commercially reasonable efforts to cause Defendant’s Customers that are subject to BIPA to obtain such consent.
b. Defendant agrees not to sell, lease, disclose, disseminate or trade the Biometrics of any individual in Illinois to any third-party except as permitted under BIPA.
c. Defendant agrees to store, transmit, and protect from disclosure Biometrics, using reasonable security measures that are consistent with BIPA and at least as protective as the manner in which Defendant stores, transmits, and protects other confidential and sensitive information.
d. Defendant agrees to require in its standard terms and conditions with Customers that are subject to BIPA serving individuals in Illinois that Defendant’s products may be used only in compliance with all applicable laws and regulations.
e. Defendant agrees to develop a publicly-available policy establishing a retention schedule and a procedure for permanently destroying Biometrics of individuals in Illinois.
f. Defendant may seek the Court’s approval to modify these commitments to conform to applicable law.
Prospective Relief. 48. Without admitting any liability or that it is required by law to do so, Uber agrees to undertake the following practices:
a. Uber agrees that for a period of two years from the Effective Date it will not send server-assisted driver-referral text messages from the Uber app on Uber-issued cellular phones.
b. Uber agrees that for at least two years from the Effective Date it will maintain an opt-out protocol for recipients of text messages who initiate but do not complete the driver sign up process, which will at a minimum unsubscribe recipients from pipeline driver SMS messaging who reply with any of the opt-out words or phrases on Appendix A.
c. Uber agrees to adhere to the following procedures by December 31, 2017 or the Effective Date, whichever is later, for a minimum of two years: (i) Uber’s servers will delete any phone number entered during the rider account sign-up process that is not verified within 15 minutes; (ii) Uber will display the phone number used during the rider account sign-up process on the app screen where a new verification text can be requested with the note “Did you enter the correct number?”; and (iii) after one attempted verification text resend, the user will be forced to re-enter the phone number used during sign-up.
Prospective Relief. (a) Defendant shall not display the name of any Illinois Settlement Class Member or Ohio Settlement Class Member whose residence, according to Defendant’s database, remains in Illinois or Ohio, on any page on its website that includes a subscription offer to Defendant’s products or services.
(b) Defendant shall implement the changes to its website required by subsection (a) above no later than the date of entry of a Final Approval Order or May 31, 2022, whichever is later, provided, however, that Defendant shall have no obligation to implement the changes to its website required by subsection (a) if the Court does not enter the Final Approval Order.
(c) Defendant shall maintain the changes required by subsection (a) above for a period of three (3) years after entry of a Final Approval Order.
Prospective Relief. 7.1 McKinsey agrees that the following procedures shall apply to the management of the Plans on a prospective basis as of the Settlement Effective Date:
7.1.1 For a period of no less than three years, Defendants shall retain an independent investment consultant to provide ongoing review of the investment options in the Plans, and review and approve any communications to participants regarding the Plans’ investment options;
7.1.2 For a period of no less than three years, all expense reimbursements by the Plans to McKinsey, MIO, or any other affiliated person or entity will be reviewed and approved by an independent fiduciary, who shall have final discretion to approve or reject reimbursements. McKinsey shall pay this independent fiduciary at its own expense.
7.1.3 Before the expiration of the current recordkeeping agreement for the Plans, McKinsey will issue a request for proposal for recordkeeping services for the Plans.
Prospective Relief. 59. Without admitting any liability, Defendant agrees to remain compliant with all BIPA requirements going forward, including BIPA’s consent and retention policy requirements.
Prospective Relief. (a) Defendant shall not use any Settlement Class Member’s identity to advertise any of Defendant’s products or services. For the avoidance of doubt, Defendant shall not use any Settlement Class Member’s full name in connection with any advertisement to subscribe to ▇▇▇▇▇▇▇▇.▇▇▇’s database.
(b) Defendant shall implement the changes to its website(s) required by subsection (a) within thirty (30) days after the entry of the Final Approval Order.
Prospective Relief a. Without admitting any liability or that it is required by law to do so, Defendant agrees to take the following steps in connection with this Settlement:
1. Within sixty (60) Days of the Effective Date, Defendant shall present the notice described in this paragraph to all Google Photos account holders who Defendant can reasonably determine are located in Illinois and who have the “face grouping” feature enabled in Google Photos (“Grouping-Enabled Illinois Users”) and to any new Google Photos users who Defendant can reasonably determine to be located in Illinois when activating Google Photos for the first time and any existing Google Photos users who Defendant can reasonably determine to be located in Illinois when presented with an option to re-enable the “face grouping” feature in Google Photos (“New or Re-Enabled Grouping Illinois Users”). The notice shall disclose (i) that the face grouping feature is enabled; (ii) that Defendant creates “face templates” or “face models” that are based on the images of faces in the photographs that are saved in the user’s account; (iii) that by continuing to use Google Photos with the face grouping feature enabled, the user is consenting to Defendant’s creation of data from the photographs in his or her account, including but not limited to the creation of face templates or face models, which enables Defendant to group photographs of similar faces and which, Plaintiffs contend, involve the collection of “biometric” data in some jurisdictions, and that such consent is provided on behalf of the user, and on behalf of all other people appearing in the photographs stored in the user’s account for whom the user is authorized to provide such consent; and (iv) how the user can disable the feature and permanently delete any face templates or face models that may have been created from the photographs in his or her account. Nothing in this provision will require Defendant to use specific wording or terminology, or to provide notices that do not accurately describe how Google Photos operates. Nonetheless, for as long as Defendant provides a feature that enables users to group photos in their private Google Photos accounts based on the faces that appear in those photographs, Defendant will provide to Grouping-Enabled Illinois Users and New or Re-Enabled Grouping Illinois Users the information described in subsections (i)-(iv) above, irrespective of any changes to the technological process(es) used to generate the data used to im...
Prospective Relief. Defendant agrees to provide automatic renewal terms on its checkout pages in a manner that is consistent with the requirements of California’s Automatic
Prospective Relief comScore agrees that it shall institute the following procedures on or before the Effective Date and that such procedures shall remain in effect for a period of two (2) years after the Effective Date:
(a) comScore shall modify the terms of its “Disclosure Statement” and “User License Agreement” such that they are consistent with its data collection practices and accurately disclose and identify (a) the categories of information collected by OSSProxy, and (b) each company collecting such information.
(b) comScore shall require its third party bundling partners to include in the Disclosure Statement a functional and conspicuous hyperlink to its ULA. comScore will implement reasonable systems and controls to monitor this requirement and shall take reasonable steps to immediately remedy any violations.
(c) comScore shall establish a mechanism (e.g., a dedicated toll-free number) for individuals to receive easy-to-understand instructions on how to uninstall OSSProxy from their computers.
(d) comScore shall continue its practice of engaging an independent third party to perform semi-annual audits of its business practices relating to OSSProxy, except that the scope of all such audits shall be expanded to ensure compliance with the prospective relief agreed upon as part of the Settlement. To the extent that such audits reveal non-compliance, comScore shall correct any and all identified violations. The costs of the audits provided for herein shall be paid out of the Settlement Fund, but any such payments shall not exceed $100,000.00.
Prospective Relief. Gaia, within 45 days of the Preliminary Approval Order, but in no event later than the date of the Final Approval Order and Judgment, will suspend operation of the Facebook Tracking Pixel on any pages on Gaia’s Websites that both include video content and have a URL that identifies the video content viewed, unless and until the VPPA were to be: (a) amended to expressly permit (and not prohibit) the Released Claims, (b) repealed, or (c) invalidated by a judicial decision on the use of website pixel technology by the United States Supreme Court or the Tenth Circuit Court of Appeals. Nothing about this provision prevents ▇▇▇▇ from seeking to obtain VPPA-compliant consent in the future should it wish to reinstitute use of the Facebook Tracking Pixel. Likewise nothing herein shall prohibit the use of the Facebook Tracking Pixel where the disclosure of information to Facebook does not identify specific video materials that a user has requested or obtained, or otherwise where use of the Facebook Tracking Pixel is done in compliance with the VPPA.