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What is a Class-Action?
A Class Action is a lawsuit brought by one or more persons
or entities, referred to as “named plaintiffs”, on behalf of a large
group of people who have the same type of claim. The group, or
class,
shares common important facts. Claims are typically pursued as
a
class action when it is not practical or feasible to file many
relatively small individual lawsuits. An individual, corporation or
government agency may initiate a class action.
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How much does it cost me to join a class action lawsuit?
Typically there are no costs associated with joining a
class action lawsuit. With most class actions, the attorneys
primarily work on a contingent fee basis, where the firm advances
all
costs and expenses. If the firm is successful in obtaining a
recovery
on behalf of class members, the firm will ask the court to
award
attorney fees and costs incurred in the litigation from the
recovery.
The amount of the fee award will depend on a number of
factors,
including the size of the recovery, current laws and
guidelines, and
the duration and complexity of the litigation.
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How long will the lawsuit take before it is
resolved?
Every lawsuit is different; therefore, there is no way of
knowing exactly when each one will be resolved.
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What is a Settlement Notice?
A Settlement Notice is a notice that describes the terms
of
the settlement and outlines the rights of the class members under
that settlement.
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How much money will I receive?
Every case is different. The damages paid to class members
depends greatly on the type of claim, the related financial loss,
the
difficulty establishing the Defendants' liability, the volume of
claims filed and approved, and the terms of the Settlement
Agreement.
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What is a Class Period?
A Class Period is a specific time frame during which a
company is alleged to have acted improperly in the conduct of its
business. The class period is specified in both the Complaint and
Notice. It is always possible that a class period may be extended or
shortened during the Preliminary and Final Settlement Hearing
decisions.
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I live outside of the United States. Can I still
participate?
Yes, as long as you are a member of the Class as defined
in
the Notice or settlement papers, and you are not an excluded party
as
defined therein.
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How do I file a Claim?
You must complete a claim form pursuant to the
instructions
contained therein, and sign the certification and, if
included, a
Substitute Form W-9. A claim may be submitted on a
photocopy of an
actual claim form but may not be altered in any way.
You should then
return the completed Claim Form (and supporting
documents, as
required) to the Claims Administrator. Do not send
your Claim Form
to the Court or to any of the parties or their
counsel. Also, keep a
copy of what you send for your files. You
should also retain any
records you have used to compile your claim
concerning purchases of
the subject products during the class period.
Failure to complete all
applicable parts of a Claim Form may result
in denial of the claim,
delay processing the claim, or otherwise
adversely affect the claim
and its recovery.
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Do I require assistance to file a Claim Form?
No. There are companies that may write or call members of
a
settlement class upon learning of a pending class action
distribution
and offer to help class members file Claim Forms in
exchange for a
share of the money that the class members may
ultimately recover.
(You do not need to use one of these companies).
Assistance is
available from the Administrator, and from Class
Counsel identified
in the accompanying notice, at no cost to you.
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Will I receive confirmation of receipt of my Claim Form?
The Administrator generally does not confirm the receipt
of
every claim in writing, unless specifically required in a
settlement
agreement. However, you may request such confirmation at
any time.
You should not assume that your claim has been filed until
you
receive confirmation, in writing, from the Administrator. If you
wish
confirmation of receipt of your claim when you mail it, you
should
send it by certified mail, return receipt requested or any
method
that provides you with proof of mailing and of receipt.
(Note,
except for the overnight postal services, other courier
services
cannot be delivered to a PO Box).