Common use of Your Choices Clause in Contracts

Your Choices. As stated above, if you wish to participate in the Settlement, you must sign and return the enclosed Consent to Join Action and Settlement form on or before the deadline. Even if you have already joined the lawsuit by previously filing a consent to join form, you are still required to sign and return the enclosed Consent to Join Action and Settlement form in order to participate in this Settlement. Alternatively, you can choose to do nothing. If you do not sign and return the enclosed consent form, you will be unable to participate in the settlement, you will not be subject to the judgment in this case, and the lawsuit and the settlement will have no effect on you except as noted below with respect to claims under federal law. Because of the various possible statutes of limitations applicable to this case, if you do not join this settlement you may lose any right, if such a right exists, to recover for these claims in the future. Due to an order entered by the Court during this lawsuit, the statute of limitations on claims for unpaid wages and overtime and related remedies under federal law that you might assert against the Bank has been halted (or tolled) as of October 19, 2009. If you do not sign and return the enclosed consent form or file your own individual, non-collective action lawsuit against the Bank asserting claims for unpaid wages and overtime and related remedies under federal law by [90 days from mailing], you will not be able to rely upon the Court’s previous order halting the statute of limitations on such claims. Should you wish to pursue your claims after [90 days from mailing], please understand that there is typically a two-year statute of limitations for federal wage and hour claims. Upon a showing of willfulness as to the alleged violations, the statute of limitations could be three years. Failure to bring your individual, non-collective action claim within the statute of limitations period will bar you from recovering against Bank of America for those claims.

Your Choices. As stated above, if you wish to participate in the Settlement, you must sign and return the enclosed Consent to Join Action and Settlement form on or before the deadline. Even if you have already joined the lawsuit by previously filing a consent to join form, you are still required to sign and return the enclosed Consent to Join Action and Settlement form in order to participate in this Settlement. Alternatively, you can choose to do nothing. If you do not sign and return the enclosed consent form, you will be unable to participate in the settlement, you will not be subject to the judgment in this case, and the lawsuit and the settlement will have no effect on you except as noted below with respect to claims under federal lawlaw and “PAGA” claims. Because of the various possible statutes of limitations applicable to this case, if you do not join this settlement you may lose any right, if such a right exists, to recover for these claims in the future. Due to an order entered by the Court during this lawsuit, the statute of limitations on claims for unpaid wages and overtime and related remedies under federal law that you might assert against the Bank has been halted (or tolled) as of October 19, 2009. If you do not sign and return the enclosed consent form or file your own individual, non-collective action lawsuit against the Bank asserting claims for unpaid wages and overtime and related remedies under federal law by [90 days from mailing], you will not be able to rely upon the Court’s previous court order halting the statute of limitations on such claims. Should you wish to pursue your claims after [90 days from mailing], please understand that there is typically a two-year statute of limitations for federal wage and hour claims. Upon a showing of willfulness as to the alleged violations, the statute of limitations could be three years. Failure to bring your individual, non-collective action claim within the statute of limitations period will bar you from recovering against Bank of America for those these claims. In the event you choose not to participate in this settlement of wage and hour claims, you will still receive a payment for a settlement of claims under California’s Labor Code Private Attorney General Act (PAGA), and you will be deemed to have released your right to pursue any claims for penalties under PAGA arising out of or related to the Released Claims covered by the court-approved settlement, and you will be prohibited by order of the Court from pursuing such claims. If you choose to participate in this settlement, your PAGA settlement payment will be included in the payment set forth in the first paragraph of this letter.