Common use of Settlement Class Definition Clause in Contracts

Settlement Class Definition. The Court has previously certified the following Class: All persons in the United States who received a text message from Defendants wherein their cellular telephone number was provided by a third party and said text messages were sent using hardware and software owned or licensed to Songwhale or Cellit between November 2010 and January 2013. Excluded from the class are all persons who received a text message from Defendants wherein their cellular telephone number was provided by a subscriber of the calling plan. Persons in the above class are collectively referenced herein as the “Settlement Class,” and individually as “Settlement Class Members.” Excluded from the Class are Defendants, their legal representatives, assigns, and successors, and any entity in which the Defendants have a controlling interest. Also excluded from the Class is the Judge to whom this case is assigned as well as the Judge’s immediate family, and any individual who opts out of the Settlement Class as described below.