FEE AGREEMENT AND AUTHORITY TO REPRESENT
This Fee Agreement and Authority to Represent (“Agreement”) is entered into by and between Settlr Solutions Corp. (“Firm”) and the Client identified in the signature section below (“Client”). Together, the Client and Firm are referred to as the “Parties.”
1. Engagement of Services. The Client may qualify as a class member eligible to receive payment from a settlement in a class action lawsuit titled In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (MDK) (JO), currently before the United States District Court for the Eastern District of New York (the “Action”). This settlement concerns claims that Visa and Mastercard imposed excessive fees on businesses in violation of antitrust laws. To obtain payment, class members must submit valid, timely, and complete claims (“Claims”) to the court-appointed Settlement Administrator, Epiq Class Action & Claims Solutions, Inc. ("Settlement Administrator”). By entering into this Agreement, the Client authorizes the Firm to act as its exclusive agent to handle all aspects of the Claims process.
2. Compensation for Services. The Client agrees to pay the Firm twenty-five percent (25%) of the actual recovery amount received from the settlement (“Recovery Amount”). This fee is contingent upon the Firm securing payment for the Client. If no payment is recovered, the Client will owe nothing to the Firm.
3. Scope of Services. The Firm will act as the Client’s exclusive representative in the settlement claims process, providing the following services. Preparing, submitting, and monitoring the Client’s Claim. Communicating directly with the Settlement Administrator. Responding to any follow-up requests for documentation or clarification. Ensuring all deadlines and requirements are met to secure the Client’s payment. Making decisions necessary for filing and processing the Claim, including negotiating the settlement payment amount.
4. Payment Distribution. The Client acknowledges that their settlement payment will be calculated as a proportionate share of the remaining settlement fund after deductions for attorneys’ fees, administrative costs, and other related expenses. The exact payment amount will not be determined until all valid Claims have been processed. The Client directs the Settlement Administrator to send the Recovery Amount directly to the Firm. Upon receipt, the Firm will deduct its twenty-five percent (25%) fee and remit the remaining seventy-five percent (75%) to the Client via wire transfer. If the Client receives the payment directly, they agree to remit the Firm’s fee within three (3) business days of receipt.
5. No Tax Advice. The Firm does not provide tax advice regarding the settlement payment. The Client should consult a qualified tax advisor for any questions regarding the tax implications of their recovery.
6. Client Representations. By signing this Agreement, the Client affirms that they have not sold, transferred, or assigned their rights to the settlement payment. The individual signing represents they have the authority to bind the Client to this Agreement. The Client also acknowledges that they: Have not independently submitted a Claim related to this Action. Will not file a Claim without notifying the Settlement Administrator that the Firm is acting as their representative. Have not engaged any other entity to manage their Claim.
7. Indemnification. The Client agrees to indemnify and hold harmless the Firm, its officers, employees, and agents, from any claims, liabilities, or damages arising from the Client’s participation in the settlement, except where such claims result from the Firm’s gross negligence or willful misconduct.
8. Limitation of Liability. The Firm shall not be liable for any delays, errors, or omissions by the Settlement Administrator, Class Counsel, or any third parties. The Firm’s liability is limited to the fees it receives under this Agreement. The Firm will not be responsible for any incidental or consequential damages, including lost profits.
9. Disclosures. The Client acknowledges that retaining the Firm is optional, and free assistance is available from the Settlement Administrator and Class Counsel. More information can be found at the official settlement website: https://www.paymentcardsettlement.com/en.
10. Entire Agreement and Governing Law. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings. This Agreement is governed by the laws of the State of New York. Any disputes arising under this Agreement shall be resolved in a court of competent jurisdiction in New York.
11. Binding Nature of Agreement. By signing this Agreement, the Client acknowledges and agrees to its terms. The Firm, by providing this Agreement, agrees to be bound by its terms upon receipt of the Client’s signed copy. No further signature from the Firm is required for this Agreement to take effect.