Common use of The Class List Clause in Contracts

The Class List. a. Defendant represents that, within five (5) days after entry of a Preliminary Approval Order, it reached out to its Customers that account for the people who submitted Illinois IDs with selfies for identity verification, requesting that such Customers voluntarily provide the Settlement Administrator with the available names, email addresses, and mailing addresses of all of their users who have Illinois addresses and who submitted an ID and a selfie for identity verification since between November 11, 2018 and the date on which the respective Customer implemented a BIPA notice and consent (the “Contact Information”). b. If, by 35 days after entry of a Preliminary Approval Order, any Incode Customer has failed to voluntarily provide Contact Information to Incode or the Settlement Administrator (the “Refusing Customers”), Incode shall provide Plaintiff the name and business address of each Refusing Customer, and any other third parties whom Incode knows is in possession of any Refusing Customer’s users’ Contact Information, so that Plaintiff may issue subpoenas to such Refusing Customers or other third parties. Plaintiff’s subpoenas will provide respondents with the option to provide Contact Information directly to the Settlement Administrator. Any Incode Customer who voluntarily provides Contact Information to the Settlement Administrator shall not be deemed to admit or concede that it is subject to BIPA or otherwise waive any defense to BIPA. c. All Contact Information provided to the Settlement Administrator will be compiled by the Settlement Administrator to form a class list (the “Class List”). Within two (2) days after the Class List is compiled, the Settlement Administrator shall provide Class Counsel a report detailing the total number of unique names on the Class List, the number of unique names for whom a U.S. Mail address is available on the Class List, the number of unique names for whom an email address is available on the Class List, and the number of unique names for whom no address or email address is available on the Class List. The Settlement Administrator shall keep the Class List, and all Contact Information contained therein, strictly confidential. Under no circumstances shall the Class List, in whole in part, be made available to anyone other than the Settlement Administrator. The Class List may not be used by the Settlement Administrator for any purpose other than advising specific individual members of the Settlement Class of their rights, mailing settlement payments, and otherwise effectuating the terms of the Settlement Agreement or the duties arising thereunder, including the provision of Notice of the Settlement. d. Upon the request of a Customer, the Settlement Administrator shall enter into one or more confidentiality agreements with Customer providing the Contact Information to ensure the confidentiality of such information and such Customer shall be a third-party beneficiary to this Agreement only for the purpose of enforcing this Paragraph 4.1(d).

The Class List. a. Defendant represents that, within five (5) days after entry of a Preliminary Approval Orderon August 8, 2022, it reached out to all of its Customers that account for clients who employed the people who submitted Illinois IDs with selfies for identity verificationSettlement Class members, requesting that such Customers clients voluntarily provide Defendant the Settlement Administrator with the available Class members’ names, email personal e-mail addresses, mailing addresses, and mailing addresses of all of their users who have Illinois addresses and who submitted an ID and a selfie for identity verification since between November 11, 2018 and the date on which the respective Customer implemented a BIPA notice and consent social security numbers (the “Contact Information”). b. To the extent that any client does not voluntarily provide Defendant the Contact Information, on or before September 15, 2022, Defendant shall reach out to such clients again seeking consent to disclose to the Settlement Administrator any Contact Information available in the customer database hosted by iSolved. c. If, by 35 days after entry of a Preliminary Approval OrderSeptember 30, 2022, any Incode Customer iSolved client has failed to voluntarily provide Contact Information and failed to Incode or provide iSolved consent to disclose any available Contact Information to the Settlement Administrator (the “Refusing CustomersClients”), (i) Plaintiff will issue discovery to iSolved to obtain such Contact Information, Incode to which iSolved will respond within ten (10) business days, and (ii) iSolved represents that it has not identified a legal basis to oppose such discovery, and therefore will not oppose any motion seeking an order compelling iSolved to produce any Contact Information stored in the client database hosted by iSolved to the Settlement Administrator (the “Motion to Compel”). d. If the Court denies any portion of Plaintiff’s Motion to Compel, iSolved shall provide Plaintiff the name and business address of each Refusing CustomerClient by September 30, and any other third parties whom Incode knows is in possession of any Refusing Customer’s users’ Contact Information2022, so that Plaintiff may issue subpoenas to such Refusing Customers Clients. Additionally, if there are any clients who do not currently store Contact Information in the client database hosted by iSolved and such clients did not voluntarily provide Contact Information to iSolved or other third partiesthe Settlement Administrator, iSolved shall provide Plaintiff the name and business address of each such client by September 30, 2022, so that Plaintiff may issue subpoenas to such clients. Plaintiff’s subpoenas will provide respondents clients with the option to provide their employees’ Contact Information directly to the Settlement Administrator. Any Incode Customer who voluntarily provides Contact Information to the Settlement Administrator shall not be deemed to admit or concede that it is subject to BIPA or otherwise waive any defense to BIPA. c. e. All Contact Information of Settlement Class members provided to the Settlement Administrator will be compiled by the Settlement Administrator to form a class list (the “Class List”). Within two (2) days after the Class List is compiled, the Settlement Administrator shall provide Class Counsel a report detailing the total number of unique names on the Class List, the number of unique names for whom a U.S. Mail an address is available on the Class List, the number of unique names for whom an email address is available on the Class List, and the number of unique names for whom no address or email address is available on the Class List, and the number of unique names for whom a social security number is available on the Class List. The Settlement Administrator shall keep the Class List, and all Contact Information contained therein, strictly confidential. Under no circumstances shall the Class List, in whole in part, be made available to anyone other than the Settlement Administrator. The Class List may not be used by the Settlement Administrator for any purpose other than advising specific individual members of the Settlement Class members of their rights, mailing settlement paymentsSettlement Payments, and otherwise effectuating the terms of the Settlement Agreement or the duties arising thereunder, including the provision of Notice of the Settlement. d. Upon the request of a Customer, the Settlement Administrator shall enter into one or more confidentiality agreements with Customer providing the Contact Information to ensure the confidentiality of such information and such Customer shall be a third-party beneficiary to this Agreement only for the purpose of enforcing this Paragraph 4.1(d).