What Benefits Can I Receive From The Settlement. Xxxxxxx has agreed to pay $3,250,000 to be divided among all Settlement Class Members who do not exclude themselves from the Settlement after any fees, costs, Service Awards to the named plaintiffs, and settlement expenses have been deducted. Your share of the settlement will be calculated as a pro rata proportion of the Net Settlement Fund, based on the number of qualifying Overdraft or NSF fees you were assessed during the Class Period. If you do not exclude yourself from the Settlement Class, and are a current Xxxxxxx accountholder, you will receive a direct deposit equivalent to your pro rata share of the Settlement; if you are not a current Xxxxxxx accountholder, the Settlement Administrator will mail you a check. You may be required to first provide certain tax-related documentation to the Settlement Administrator in order to be eligible to receive your account credit or check, including an IRS Form W-9. If you receive a check, you will have 120 days from the date of the check to cash the check. If you do not cash the check within 120 days, your check will be void and the funds will be used as the Court deems appropriate, including redistribution to other Class Members or distribution to a charitable organization. In addition, for Settlement Class Members with uncollected, negative account balances as a result of Challenged Fees (to the extent that Xxxxxxx has records to identify such uncollected, Challenged Fees), Settlement Class Members will receive Forgiven Charge Offs, that is, Xxxxxxx will forgive, and not attempt to collect on, all uncollected Challenged Fees, up to $500 per overdrawn account. The $500 limit will apply regardless of the number of accountholders associated with the account. The amount of any Forgiven Charge Offs will be updated and reflected in Xxxxxxx’x business records. Settlement Class Members cannot receive both Forgiven Charge Offs and de minimis Cash Awards.
What Benefits Can I Receive From The Settlement. Under the Settlement, Uber has agreed to provide monetary compensation to class members who timely submit valid claims. The amount of the checks are not yet known. The total Settlement Fund is $20,000,000. The amount of the check you will be sent depends on the number of class members who timely submit valid claims, the costs of settlement administration, attorneys’ fees and costs, and service awards for the class representatives, all of which will be paid from the Settlement Fund. Every settlement class member who submits a timely, valid claim will be sent a check in the same amount. Submitting a timely and valid claim form is the only way to receive a payment from the Settlement, and is the only thing you need to do to receive a payment. Claim forms are available at www.[insert].com. Claim forms may be submitted online at www.[insert].com or mailed to Uber TCPA Settlement Administrator [address]. If you timely submit a valid claim form, your claim will be paid by a check mailed to you. Claims will only be paid after the Court grants Final Approval of the Settlement and after any appeals are resolved (see part 11 below). If there are appeals, resolving them can take time. Please be patient. Note that if you receive a check, you will have one year to cash the check sent to you. If you do not cash the check within one year, the check will be void and the funds will be utilized as the Court deems appropriate. The Court will decide whether any such remaining funds will go to a charitable organization or will be dispersed differently. As part of this Settlement, Uber has also agreed to make changes to its text messaging practices. Without admitting any liability or that it is required by law to do so, Uber agrees to undertake the following practices: a. Uber agrees that for a period of two years from the Effective Date of the Settlement it will not send server-assisted driver-referral text messages from the Uber app on Uber-issued cellular phones. b. Uber agrees that for at least 2 years from the Effective Date it will maintain an opt-out protocol for recipients of text messages who initiate but do not complete the driver sign up process, which will at a minimum unsubscribe recipients from pipeline driver SMS messaging who reply with any of the opt-out words or phrases on Appendix A of the Settlement Agreement. c. Uber agrees to adhere to the following procedures by December 31, 2017 or the Effective Date of the Settlement, whichever is later, for a minimum of...
