What am I giving up as part of the settlement? If the settlement becomes effective and you do not opt out, you will give up your right to bring your own lawsuit against certain parties for any claims related to the data security incident. The specific persons and entities who you are giving up claims against are described in Paragraph
What am I giving up as part of the settlement? If you are a Settlement Class Member, unless you exclude yourself from the settlement with the Settling Defendants, you will remain in the Settlement Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against the Settling Defendants about the legal claims in this case. It also means that all of the Court’s orders will apply to you and legally bind you, and that you agree to the following Releases, which describe exactly the legal claims that you give up if you get settlement benefits: Upon the Settlement Agreement becoming effective (as defined in the proposed Settlement Agreement), each of the Plaintiffs and the Settlement Class Members, and their respective past and present officers, directors, employees, agents, shareholders, attorneys, servants, representatives, parent companies, subsidiaries, Affiliates, partners, insurers, receivers, and bankruptcy trustees and the predecessors, successors, heirs, executors, executives, administrators, beneficiaries, estates, and assigns of any of the foregoing who do not otherwise properly exclude themselves (“Releasors”) agree that the Settling Defendants and all of their respective past and present, direct and indirect, parent companies, subsidiaries, joint ventures, and Affiliates, including, but not limited to, Xxxx Xxxxx, ME, the predecessors, successors, and assigns of any of the above; and each and all of the present and former principals, partners, members, officers, directors, employees, representatives, insurers, attorneys, shareholders, heirs, executors, administrators, agents, and assigns of each of the foregoing (“Releasees”) shall be fully, finally, and forever released, acquitted, and discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any conduct by Releasees alleged in the Lawsuit or in any way related to any...
What am I giving up to get a settlement benefit or remain in the class? Unless you exclude yourself from the settlement, you cannot xxx Defendant or be part of any other lawsuit against Defendant about the issues this settlement resolves. You will also be bound by all of the Court’s decisions and the release contained in the settlement. The specific claims you will be giving up against Defendant is described in Paragraph 10 of the settlement agreement. Read it carefully. The settlement agreement is available at xxx.XxxxXxxxxxxXxxxxxxxxx.xxx. If you have any questions, you can talk to the lawyers representing the class, who are called “class counsel.” Their names are listed in Question 15, below. You will not be charged to talk to class counsel. Or, you can, of course, talk to your own lawyer at your own expense if you have questions about what this means. If you want to keep your rights to xxx (or continue to xxx) Defendant based on the claims this settlement resolves, you must take steps to exclude yourself from the settlement class (see Questions 12–14).
What am I giving up to stay in the Settlement Class? Unless you exclude yourself in writing as described in the answer to Question 15, you will be treated as part of the Settlement Class, and that means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any other lawsuit against Defendants, or other related entities or individuals (listed in the Settlement Agreement, which you can view at XXXX) about the legal issues in this case, including but not limited to claims of false advertising, deceptive practices, fraud, breach of implied or express warranties, lemon laws, unjust enrichment, strict product liability, and negligence arising from the theft prone related defects alleged in this case. You will not be able to sue even on existing claims that you may already hold against Defendants, or other related entities or individuals listed in the Settlement Agreement. It also means that all the Court’s orders will apply to you and legally bind you. The relief offered by the Settlement Agreement will be the sole and final remedy for all claims that could have been asserted by you against Defendants, including as to the full amount of all potential claims for theft insurance deductible reimbursements. However, nothing in this Settlement will prohibit you from pursuing past, present, or future claims for: (i) death; (ii) personal injury; (iii) any and all claims that relate to something other than a Class Vehicle and the alleged defect here, (iv) subrogation, if you are a licensed insurer; or claims brought or awards sought by the Government Entities or Insurance Entities. If you have any questions about the scope of the legal claims you give up by staying in the Settlement Class, you may view Section VI of the Settlement Agreement (available at XXXX) or you can contact the lawyers representing the Settlement Class (listed below) for free or speak with your own lawyer at your own expense. Class Counsel Xxxxx X. Xxxxxx Xxxxxxxxx X. Xxxxx Xxxxxxx X. XxXxxxx Xxxxxx Xxxxxx Xxxxxx Xxxxxx Xxxxx Xxxxxxx Xxxxx Xxxxx LLC Xxxxxxxx Xxxxxxxxxx Xxxxx & Xxxx, P.C. LLP 000 X. Xxxxxx Xx. XxXxxxx 00000 Xxxxxxx Xxxx. 0000 Xxxxxx Xxxxxx 24th Floor 000 X. Xxxxxxxxx Xxx. Suite 1600 Suite 2000 Chicago, IL 00000 Xxxxx 000 Xxxxxx, XX 00000 Seattle, WA 98101 xxxxx@xxxxxxx.xxx xxxx@xxxxxxxxxx.xxx Independence, MO 64050 xxx@xxxxxxxx.xxx xxxxxxx@xxxxxxxxx.xxx EXCLUDING YOURSELF FROM THE SETTLEMENT If you do not want the benefits or reimbursements provided in this Settlement, a...
What am I giving up to get a settlement benefit or remain in the class? Unless you exclude yourself from the settlement, you cannot sue CPAY or be part of any other lawsuit against CPAY about the issues this settlement resolves. You will also be bound by all of the court’s decisions and the release contained in the settlement. The specific claims you will be giving up against CPAY are described in Section X of the settlement agreement. Read it carefully. The settlement agreement is available at xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx. If you have any questions, you can talk to the lawyers representing the class, who are called “class counsel.” Their names are listed below. You will not be charged to talk to class counsel. Or, you can, of course, talk to your own lawyer at your own expense if you have questions about what this means. If you want to keep your rights to sue (or continue to sue) CPAY based on the claims this settlement resolves, you must take steps to exclude yourself from the settlement class (see Questions 12-14).
What am I giving up to get a payment or stay in the Class? If you are a Class Member, unless you exclude yourself, you can’t xxx, continue to xxx, or be part of any other lawsuit against Citizens and other Released Parties about the legal issues in this case, and all of the decisions and judgments by the Court will bind you. The law upon which this case is based, the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, restricts calling cell phone numbers using an automatic telephone dialing system or an artificial or prerecorded voice without the called party’s prior express consent. The TCPA provides for damages of $500 per violation, or up to $1,500 for willful violations, plus an injunction limiting future conduct. Persons who exclude themselves could try to obtain these damages at their own expense; the lawyers in this case will not represent you if you do so. Filing your own case, however, is risky. Citizens has raised a host of defenses, denies that the equipment used to make the calls at issue is covered by the TCPA, and will forcefully argue that it had prior express consent to make any calls, among other possible defenses. In addition, the TCPA does not provide for attorneys’ fees to prevailing individual plaintiffs. This Settlement permits Class Members the opportunity to obtain a smaller amount of money than they could get if they sued on their own, risk and hassle-free. If you file a Claim Form for benefits or do nothing at all, you will be unable to file your own lawsuit regarding the claims described in this Notice, and you will release Citizens and other Released Parties from any liability for the Released Claims defined below and in the Settlement. Remaining in the Class means that you will release each and all of the Released Parties from each of the Released Claims (as defined below).
What am I giving up by staying in the Class? Unless you exclude yourself, you will stay in the Class, which means that as of the date that the Settlement becomes effective under the terms of the Stipulation (the “Effective Date”), you on behalf of yourself and your “Releasing Plaintiff Parties” (as defined below) will forever give up and release all “Released Claims” (as defined below) against the “Released Persons” (as defined below). You and your Releasing Plaintiff Parties will not in the future be able to bring a case asserting any Released Claim against any Released Person.
What am I giving up to stay in the Settlement Class? Unless you exclude yourself from the settlement, you will be part of the Settlement Class and will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot rely on any released claim to sue or continue to sue, on your own or as part of any other lawsuit, Defendants and/or any other released parties, as explained in the settlement agreement. It also means that all of the Court’s orders will apply to you and legally bind you. Unless you exclude yourself from the settlement, you will agree to release Defendants and any other released parties, as defined in the settlement agreement, from any and all claims that arise from mailing a collection demand letter which failed to state the total amount of the alleged debt. In summary, the Release includes, without limitation, all claims that arise, could arise, were asserted or could have been asserted based on the form collection letter sent by Defendants, including, but not limited to, claims under FDCPA or any other statute or the common law, for any form of relief. If you have any questions about the Release or what it means, you can speak to Class Counsel, listed under Question 6, for free, or you can, at your own expense, talk to your own lawyer. The Release does not apply to persons in the Settlement Class who timely exclude themselves.
What am I giving up to participate in this Settlement? If you do not exclude yourself from this Settlement, you will, whether or not you make a claim, be deemed to have given a Release to TRAVELERS. For the complete terms of the Release, please review the Stipulation of Settlement and Final Approval Order by visiting xxx.XXXXXXXXXXX.xxx.
What am I giving up to stay in the Settlement Class? If you stay in the Settlement Class, all the decisions by the Court will bind you, and you give TD Bank a release. A release means you cannot sue, continue to sue, or be part of any other lawsuit against TD Bank about the issues in this case. Section XVI of the [Settlement Agreement] contains the release and describes the claims that you give up if you remain in the Settlement. The Settlement Agreement is available at www.[website].com.
