Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, and no later than thirty (30) days after SafeRent provides to the Settlement Administrator and Settlement Class Counsel the Settlement Class Spreadsheet, the Settlement Administrator will provide the Settlement Classes with Notice of the proposed Settlement by the following methods: 4.2.1. Within seven (7) days of entry of the Preliminary Approval Order, SafeRent shall provide to the Settlement Administrator and Settlement Class Counsel in the form of the Settlement Class Spreadsheet the names and, if reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice to the Settlement Class and administering the claims process and not for any other purpose. The Settlement Administrator shall use this information, including using this information to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links to the Settlement Website (if text notice is approved by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class Counsel, the Settlement Administrator may send additional mailings to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve in
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, practicable and no later than thirty (30) days after SafeRent provides to entry of the Settlement Administrator and Settlement Class Counsel the Settlement Class SpreadsheetPreliminary Approval Order, the Settlement Administrator will provide the Settlement Classes Class with Notice of the proposed Settlement by the following methods:
4.2.1(a) Establishing a Settlement Website hosted at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and dedicated to the Settlement, which shall contain a Long Form Notice, in substantially the same form attached hereto as Exhibit B, in both downloadable PDF format and HTML format; a Contact Information page that includes the address for the Settlement Administrator and addresses and telephone numbers for Settlement Class Counsel; the telephone helpline number set forth in Section 4.2(b); the Agreement; the signed Preliminary Approval Order; and a downloadable and online version of the Claim Form. Within seven While the Settlement Administrator shall have final authority over the design and operation of the Settlement Website, it shall permit Settlement Class Counsel and Mowi’s Counsel to test the operation of the Settlement Website and shall monitor and if necessary update and modify the Settlement Website to ensure that it performs reliably and consistent with the terms of this Agreement, when accessed from all major Internet browsers (7desktop and mobile) operating on all major operating systems (including Windows, MacOS, Android, and iOS). The Settlement Administrator shall add to the Settlement Website all other material filings by the Parties or the Court regarding the Settlement, including Settlement Class Counsel’s application for an Attorneys’ Fees and Costs Award and/or Class Representative Service Awards, the motion for final approval, and any orders with respect to such applications and motions. The Settlement Website shall remain accessible until at least one hundred eighty (180) days after all Cash Payments to Settlement Class Members Eligible for a Cash Payment described in Section 3.2 are distributed;
(b) Establishing and maintaining a toll-free telephone helpline, which shall be posted on the Settlement Website, to which Settlement Class Members may refer for information about the Litigation and the Settlement Agreement. Those who call the toll-free helpline or who write to the Settlement Administrator may request a printed copy of the Long Form Notice and Claim Form, which the Settlement Administrator shall provide by first class mail. The toll-free helpline shall remain active until at least one hundred eighty (180) days after all Cash Payments to Settlement Class Members Eligible for a Cash Payment described in Section 3.2 are distributed.
(c) Causing the Online Notice to be published on internet sites, including search engines, social media, and consumer websites, through an appropriate programmatic network.
(d) Providing notice as required by the Class Action Fairness Act, 28 U.S.C. § 1715. The Settlement Administrator shall provide a declaration under penalty of perjury to the Court in connection with a motion for entry of the Preliminary Approval Order, SafeRent shall provide Order that the notice provides sufficient reach and frequency to alert Settlement Class Members to the Settlement Administrator and Settlement Class Counsel in the form pendency of the Settlement Class Spreadsheet Litigation and their rights thereunder. The Court may require changes to the names andnotice process without invalidating this Settlement, if reasonably available to SafeRentprovided that the material terms of the Settlement, including the full or partial Social Security numbers and last known addresses, emails, and telephone numbers scope of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score Release and the threshold that the housing provider had settotal financial obligations imposed on Mowi, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used are not altered by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice to the Settlement Class and administering the claims process and not for any other purpose. The Settlement Administrator shall use this information, including using this information to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links to the Settlement Website (if text notice is approved by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class Counsel, the Settlement Administrator may send additional mailings to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve insuch changes.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Settlement Class Notice. Subject to Court approvalNamed Plaintiff, the Parties agree that as soon as practicableDefendant, and no later than thirty (30) days after SafeRent provides to the Settlement Administrator have agreed that they will jointly recommend the Class Notice, substantially in the form attached as Exhibit 1, to the Court for approval. After the Court enters Preliminary Approval and Settlement within twenty-one (21) days of receiving the Class Counsel the Settlement Class SpreadsheetList from Defendant, the Settlement Administrator will provide send the Settlement Classes with Class Notice of the proposed Settlement by the following methods:
4.2.1via U.S. mail, postage prepaid. Within seven (7) days of entry of the Preliminary Approval OrderPrior to mailing, SafeRent shall provide to the Settlement Administrator and Settlement Class Counsel in shall utilize the form U.S. Postal Office’s National Change of Address System. For up to forty-five (45) days following the mailing of the Settlement Class Spreadsheet the names andNotice via U.S. Mail, if reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and will re-mail the Class Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Counsel for purposes of providing Notice Members whose notices were returned as undeliverable to the Settlement Class and administering the claims process and not for any other purposeextent an alternative mailing address can be reasonably located. The Settlement Administrator shall use this information, including using this information will first attempt to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links re-mail the Notice to the Settlement Website (if text notice extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is approved not provided by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class CounselU.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. After the forty-five (45) day re-mailing period, the Settlement Administrator shall send additional mailings to potential class membersPlaintiff and Defendant a list of each Class Notice or Claim Form returned as undeliverable. No later than fourteen (14) days before the final fairness hearing in this Litigation, including but the Settlement Administrator shall file proof of the mailing of the Class Notice with the Court. The Class Notice and Claim Form explain to the Settlement Class Members their rights to make a claim, or opt out of, or object to the Settlement, and the deadlines by which to exercise those rights. They also summarize the benefits provided, and the claims to be released if the Class Member does not limited opt out. The mailed Class Notice and Claim Form will also direct Settlement Class Members to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve inSettlement Website for further information.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Class Notice. Subject 6.1 The Class Member Contact List shall be compiled and provided to Court approval, the Parties agree that as soon as practicable, and Claims Administrator no later than thirty (30) days after SafeRent provides to the Settlement Administrator and Settlement Class Counsel the Settlement Class Spreadsheet, the Settlement Administrator will provide the Settlement Classes with Notice of the proposed Settlement by the following methods:
4.2.1. Within seven (7) calendar days of after entry of the Preliminary Approval OrderCourt’s order preliminarily approving the Class Action Settlement.
6.2 Before the Notice Deadline, SafeRent the Claims Administrator shall provide do the following: (1) run database searches in an effort to confirm the Settlement Administrator names and mailing addresses associated with Settlement Class Counsel Members as provided by MarineMax; and (2) run all mailing addresses through the United States Postal Service National Change of Address (or comparable) database to update the information.
6.3 No later than 30 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement (the “Notice Deadline”), the Claims Administrator shall send Postcard Notice (substantially in the form of Exhibit B) by regular mail for each person on the Class Member Contact List for whom a mailing address can be located. The Postcard Notice will consist of a double post card with a tear off claim form included and a QR code that Class Settlement Members can scan to link directly to the Claim Form on the Settlement Website. If any Postcard Notice is returned as undeliverable, the Claims Administrator will perform a skip-trace and/or other customary address searches in an attempt to locate a valid address and, if a new mailing address is obtained, re-mail the Postcard Notice to that updated mailing address. MarineMax has mailing addresses for approximately 95% of Settlement Class Members.
6.4 The Notice shall include, among other information: a description of the material terms of the Settlement; how to submit a Claim Form; the Claim Form Deadline; the Exclusion Deadline for individuals in the Settlement Class Spreadsheet to exclude themselves from the names and, if reasonably available Settlement Class; the last day of the Objection Period for Settlement Class Members to SafeRent, object to the full or partial Social Security numbers Settlement and/or Application for Attorneys’ Fees and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on Costs; the basis of that SafeRent Score Final Approval Hearing date; and the threshold that Settlement Website address at which Settlement Class members may access this Agreement and other related documents and information. Class Counsel and Defendant’s Counsel shall insert the housing provider had setcorrect dates and deadlines in the Notice before the Notice Program commences, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 based upon those dates and deadlines set by the date of entry of Court in the Preliminary Approval Order. SafeRent If the date or time for the Final Approval Hearing changes, the Settlement Administrator shall have no obligation beyond providing update the Settlement Website to reflect the new date. No additional notice to the Settlement Class Spreadsheet to attempt to identify, acquire, is required if the date or report identifying or contact information time for the Final Approval Hearing changes.
6.5 Not later than 45 calendar days before the close of the Claims Period, the Claims Administrator shall contact Settlement ClassesClass Counsel and Defense Counsel with the number of claims that have been submitted for their joint determination of whether sending a reminder notice to the Settlement Class Members will be beneficial. If Settlement Class Counsel and Defense Counsel jointly determine that sending a reminder notice will be beneficial, the Parties will meet and confer on the appropriate language and direct the Claims Administrator to send the reminder once to Settlement Class Members who have not yet submitted a claim or requested exclusion from the Settlement Class.
6.6 By the Notice Deadline, the Claims Administrator shall publish the Settlement Website and toll-free telephone number. At the time of publication, the Settlement Website shall provide, free of charge, a viewable, printable, and downloadable copy, in PDF file format, of each of the following documents: the Court’s order preliminarily approving the Class Action Settlement; the Claim Form (Exhibit A); and the long-form Settlement Class Notice (substantially in the form of Exhibit C). The Settlement Website shall be updated to include the date, time, and location of the Final Approval Hearing, and Plaintiffs’ motion for final approval and motion for attorneys’ fees and costs, and all supporting papers. At the time of publication, the toll-free telephone number will include general information provided shall only be used by about the settlement, including reference to the Settlement Administrator Website, how to submit a claim, important deadlines, and other Frequently Asked Questions. The Settlement Website and toll-free telephone number shall remain active for seven (7) calendar days after the Payment Void Date and shall be made non- operational on the 8th day after the Payment Void Date. Defense Counsel and Settlement Class Counsel for purposes of providing Notice shall have the right to the Settlement Class review and administering the claims process and not for any other purpose. The Settlement Administrator shall use this information, including using this information to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links to approve the Settlement Website and the information relayed on the toll-free telephone number, including content, not less than seven (if text notice is approved 7) calendar days before they go live.
6.7 Unless otherwise required by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator , nothing else shall also search for updated contact information for Class Members as neededbe required of the Parties, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class Counsel, Defense Counsel, or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein.
6.8 The Parties agree that the Settlement Administrator may send additional mailings Class Notice Program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out and objecting to potential class membersthis Agreement, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have and the opportunity to approve indate of the Final Approval Hearing as set by the Court.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Class Notice. Subject Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notice and Long Form Notice, substantially in the form attached as Exhibit D and Exhibit F, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Parties agree Settlement Administrator will send the Notice and Claim Form via electronic mail (where available) and U.S. Mail, postage prepaid also requesting either forwarding service or change service to the last known address reflected in the Class List. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that same deadline, the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days following the mailing of the Notice via U.S. Mail (if applicable), the Settlement Administrator will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as soon as practicableundeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and no appropriate methods to locate an updated address. No later than thirty (30) days after SafeRent provides to before the Settlement Administrator and Settlement Class Counsel the Settlement Class SpreadsheetFinal Approval Hearing, the Settlement Administrator will provide the Settlement Classes with Notice file proof of the proposed Settlement by the following methods:
4.2.1. Within seven (7) days of entry mailing of the Preliminary Approval Order, SafeRent shall provide to Notice with the Court. Neither the Parties nor the Settlement Administrator and Settlement Class Counsel in the form will have any further obligation to send notice of the Settlement Class Spreadsheet the names and, if reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice settlement to the Settlement Class and administering the claims process and not for any other purpose. The Settlement Administrator shall use this information, including using this information to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links to the Settlement Website (if text notice is approved by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class Counsel, the Settlement Administrator may send additional mailings to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve inMembers.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Class Notice. Subject Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notices and Long Form Notice, substantially in the form attached as Exhibits A, B, and C, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Parties agree Settlement Administrator will send a notice of the settlement via electronic mail (where available) and U.S. Mail, postage prepaid, also requesting either forwarding service or change service to the last known address reflected in the Class List as necessary. The Administrator will send the Notice of Settlement, substantially in the form attached as Exhibit A, to all members of the Automatic DocuSign Envelope ID: 06EE7A26-3CA3-4588-8164-D230025D2033 Payment Category. The Administrator will send the Notice of Settlement and Claim Form, substantially in the form attached as Exhibit B, to all other members of the Settlement Class. Collectively, this is the “Notice” to the Settlement Class, as defined in Section 2.25. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that as soon as practicablesame deadline, and no later than the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days after SafeRent provides to following the Settlement Administrator and Settlement Class Counsel mailing of the Settlement Class SpreadsheetNotice via U.S. Mail (if applicable), the Settlement Administrator will provide re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Classes with Notice of the proposed Settlement by the following methods:
4.2.1. Within seven (7) days of entry of the Preliminary Approval Order, SafeRent shall provide Class Members whose notices were returned as undeliverable to the Settlement Administrator and Settlement Class Counsel in the form of the Settlement Class Spreadsheet the names and, if extent an alternative mailing address can be reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice to the Settlement Class and administering the claims process and not for any other purposelocated. The Settlement Administrator shall use this information, including using this information will first attempt to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links re-mail the Notice to the Settlement Website (if text notice extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is approved not provided by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class CounselU.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. Neither the Parties nor the Settlement Administrator will have any further obligation to send additional mailings notice of the settlement to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve inSettlement Class Members.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Class Notice. Subject Named Plaintiffs, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notices and Long Form Notice, substantially in the form attached as Exhibits A, B, and C, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Parties agree Settlement Administrator will send a notice of the settlement via electronic mail (where available) and U.S. Mail, postage prepaid, also requesting either forwarding service or change service to the last known address reflected in the Class List as necessary. The Administrator will send the Notice of Settlement, substantially in the form attached as Exhibit A, to all members of the Automatic Payment Category. The Administrator will send the Notice of Settlement and Claim Form, substantially in the form attached as Exhibit B, to all other members of the Settlement Class. Collectively, this is the “Notice” to the Settlement Class, as defined in Section 2.25. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that as soon as practicablesame deadline, and no later than the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days after SafeRent provides to following the Settlement Administrator and Settlement Class Counsel mailing of the Settlement Class SpreadsheetNotice via U.S. Mail (if applicable), the Settlement Administrator will provide re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Classes with Notice of the proposed Settlement by the following methods:
4.2.1. Within seven (7) days of entry of the Preliminary Approval Order, SafeRent shall provide Class Members whose notices were returned as undeliverable to the Settlement Administrator and Settlement Class Counsel in the form of the Settlement Class Spreadsheet the names and, if extent an alternative mailing address can be reasonably available to SafeRent, the full or partial Social Security numbers and last known addresses, emails, and telephone numbers of all applicants in Massachusetts who SafeRent assigned a SafeRent Score and, on the basis of that SafeRent Score and the threshold that the housing provider had set, recommended “decline” or “accept with conditions” on an application, between May 25, 2020 and the date of entry of the Preliminary Approval Order. SafeRent shall have no obligation beyond providing the Settlement Class Spreadsheet to attempt to identify, acquire, or report identifying or contact information for the Settlement Classes. The information provided shall only be used by the Settlement Administrator and Settlement Class Counsel for purposes of providing Notice to the Settlement Class and administering the claims process and not for any other purposelocated. The Settlement Administrator shall use this information, including using this information will first attempt to obtain current and accurate contact information SafeRent does not possess, to send hardcopy Notices and/or email Notices and/or texts with links re-mail the Notice to the Settlement Website (if text notice extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is approved not provided by the Court) to those individuals for whom SafeRent has provided information. The Settlement Administrator shall also search for updated contact information for Class Members as needed, including searching for updated contact information based on any mailings or emails that are returned as undeliverable. After conferring with Settlement Class CounselU.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. Neither the Parties nor the Settlement Administrator will have any further obligation to send additional mailings notice of the settlement to potential class members, including but not limited to postcard reminders to any potential class members who have not submitted claims. SafeRent shall have the opportunity to approve inSettlement Class Members.
Appears in 1 contract
Sources: Settlement Agreement