Defendants have agreed to make $19,225,515 available to pay individuals who submit valid claim forms, settlement administration costs, attorneys’ fees, a service award to the Class Representatives, and costs and expenses of the litigation. Each Settlement Class Member who timely submits a valid Claim Form will be entitled to receive a cash payment of "Settlement Award" for each Settlement Class of which he or she is a member. The Settlement Award for members of the ATDS Class will be $35. The Settlement Award for members of the Internal-Do-Not-Call, National Do-Not-Call, and Out of Time classes will be $50. There is a limit of one claim per Settlement Class. Depending on how many valid claim forms are submitted, it is possible that each Settlement Class Member’s payment will be reduced on a pro-rata basis to cover settlement administration costs, attorneys’ fees, a service award to the named Plaintiffs, and the costs and expenses of the litigation.
As part of the Settlement, Legendary, AAS, and Universal have agreed not to send or direct any other person or entity to send any text messages to market, promote, publicize, or advertise the Warcraft film. Legendary has also agreed not to use the services of Handstack to send text messages to market, promote, publicize, or advertise any of Defendants’ products or services.
Handstack has agreed that it will not use, either for itself or for any client, the Cell Phone Number List or any part of it to send or direct any text message and will not provide the Cell Phone Number List to any other person or entity. Should Handstack, on behalf of itself or for any client, carry out any telemarketing using its web-based platform for sending and to groups and receiving return text messages (the “Handstack Platform”) as used for the Warcraft Text Message Campaign, to a cellular telephone service, Handstack shall be subject to the following terms: (1) Handstack shall maintain and create a database of individuals who have provided prior consent as required by the TCPA or the rules and regulations promulgated thereunder, to receive such calls/texts, including the date and manner in which such consent was obtained; (2) Handstack shall implement reasonable procedures to ensure that no phone number on the National Do Not Call Registry is called/texted absent prior express consent from the person assigned the number; and (3) Handstack shall develop and implement a written TCPA compliance policy, which includes maintaining an internal opt-out list for any future telemarketing campaigns. However, these terms do not apply if such call/text is made to collect a debt owed to or guaranteed by the United States, made for emergency purposes, made with prior express consent of the called party, or otherwise made in compliance with the TCPA, the rules and regulations promulgated thereunder, and/or applicable case law, or made as an individual acting in the course of a business in which Handstack has no control over or authority to determine TCPA compliance or Handstack does not initiate the sending of text messages.