Settlement Terms and Procedures Sample Clauses
Settlement Terms and Procedures. 2.1. Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose the certification of the Class for purposes of settlement of the Form Claim only.
2.2. After execution of this Agreement, counsel for Plaintiff shall file a motion asking the Court to enter the Preliminary Approval Order.
2.3. Within ten days after the filing of the Motion for Preliminary Approval including this proposed Settlement Agreement, Defendants shall send notice to governmental agencies to the extent required by 28 U.S.C. § 1715, and shall file a certificate of such service with the Court, such notifications to be completed by Defendants at their own expense.
2.4. At least ten (10) days prior to a scheduled Final Approval Hearing, Class Counsel shall file a motion requesting the Court to grant final approval of the settlement, and for entry of the Final Approval Order.
2.5. Defendants acknowledge that they have implemented changes to their business practices as a result of the Lawsuit, specifically the engagement of a new vendor to replace ▇▇▇▇▇▇▇▇ and the use of new forms to comply with section 1681b(b)(2) of the FCRA, as of December 14, 2014.
2.6. Defendants agree to pay a total settlement amount of one million, eighteen thousand three hundred seventy five dollars ($1,018,375.00), comprising the payments in paragraph 2.6(b) below, in addition to paying the Settlement Administration Amount.
(a) Within fourteen business days after entry of the Preliminary Approval Order, Defendants and/or their insurer shall pay the sum of five hundred eighty three thousand, three hundred seventy five dollars ($583,375.00) to the Settlement Administrator to create the Settlement Fund.
(b) The following payments shall be made by Defendants and/or their insurer within five (5) business days of the Effective Date:
(i) the sum of five hundred eighty three thousand three hundred seventy five dollars ($583,375.00) to the Settlement Administrator from which the Settlement Administrator will pay the sum of three hundred twenty-five dollars ($325.00) to each Class Member;
(ii) the sum of ten thousand dollars ($10,000.00) as an individual settlement and service award to the Class Representative, subject to the approval of the Court, upon motion filed not later than ten (10) days prior to the Final Approval Hearing; and,
(iii) the Plaintiff’s reasonable attorneys’ fees and expenses, in an amount not in excess of four hundred, twenty-five thousand dollars ($425,0...
Settlement Terms and Procedures. By Order of January 21, 2023, the Court certified a Class defined as "AII North Carolina consumers who Defendant sent information concerning consumers' debt to Renkim Corporation without the permission of the consumer, which disclosure was made on or after July 12, 2017.".
2. 1. Defendant has represented that the size of the Class consists of approximately 84,485 persons, and Plaintiff has relied on that representation in entering into this Settlement Agreement.
Settlement Terms and Procedures. 2.1. By Order of October 31, 2018, the Court certified a Class defined as all persons with addresses within the jurisdiction of the United States Court of Appeals for the Third Circuit who, beginning one year prior to the filing of the Complaint through and including the final resolution of this case, were sent an initial letter from Defendant attempting to collect a consumer debt which was printed on law firm letterhead.
2.2. Defendant has represented that the size of the Class is approximately 34,834 persons, and Plaintiff has relied on that representation in entering into this Settlement Agreement.
2.3. Defendant will provide evidence of its net worth sufficient for the court to determine the same.
2.4. After execution of this Agreement, counsel for Plaintiff shall file a motion asking the Court to enter the Order Directing Notice and approving the form of the Notices attached hereto as Exhibits B.
2.5. Within ten days after the filing of the Motion for Order Directing Notice including this proposed Settlement Agreement, Defendant shall send notice to governmental agencies to the extent required by 28 U.S.C. § 1715, and shall file a certificate of such service with the Court, such notifications to be completed by Defendant at its own expense.
2.6. At least ten (10) days prior to a scheduled final approval hearing, Class Counsel shall file a motion requesting the Court to grant final approval of the settlement, and for entry of the Final Approval Order granting final approval of the settlement, in the form attached as Exhibit C, except that, prior to any Final Approval Order, this Agreement shall be deemed to be voidable if at least fifteen percent (15%) of the Class Members opt-out via the methods and procedures outlined herein.
2.7. At least ten (10) days prior to the Final Approval Hearing, Class Counsel shall file a motion requesting the Court to approve an individual settlement to the Class Representative in the amount of one thousand dollars ($1 to Class Counsel in an amount not to exceed one hundred sixty thousand ($160,000.00), and costs to class counsel in the amount of fifty-three thousand eight hundred and eighty-eight ($53,888). Defendant and Defense Counsel expressly do not object to the amounts requested.
(a) Defendant agrees to pay $55,000.00 to the Settlement Fund for the benefit of the Class, and $1,000.00 to Plaintiff, subject to the approval of the Court, and $213,888.00 to Class Counsel, subject to the approval of the Court, in additi...
Settlement Terms and Procedures. 2.1. Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose the certification of the Class for purposes of settlement of the section 1681b(b)(2) claim only. However, consistent with Paragraphs 3.9 and 7.1, infra, in the event this Agreement is nullified, terminated and/or this settlement is not approved, Defendants shall stand in the same position as if this Agreement had been neither entered into nor filed with the Court.
2.2. After execution of this Agreement, and no later than September 9, 2016, Class Counsel shall file a motion asking the Court to enter the Preliminary Approval Order.
2.3. Within ten days after the filing of the Motion for Preliminary Approval including this proposed Settlement Agreement, Defendants shall send notice to governmental agencies to the extent required by 28 U.S.C. § 1715, and shall file a certificate of such service with the Court, such notifications to be completed by Defendants at their own expense.
2.4. At least ten (10) days prior to a scheduled Final Approval Hearing, Class Counsel shall file a motion requesting the Court to grant final approval of the settlement, and for entry of the Final Approval Order.
2.5. Defendants acknowledge that they have implemented changes to their business practices as a result of the Lawsuit, in an effort to further comply with section 1681b(b)(2) of the FCRA, as of November 12, 2015.
Settlement Terms and Procedures
