If you were sent facsimile advertisements from TOMY, you could get a payment from a class action settlement.

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Morgan Norris
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1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA If you were sent facsimile advertisements from TOMY, you could get a payment from a class action settlement. A federal court authorized this notice. This is not a solicitation from a lawyer. According to records produced in pending federal litigation, you may have been sent facsimile advertisements from TOMY International, Inc. (formerly known as RC2 Corporation) ( TOMY ) which the Plaintiff alleges were sent in violation of the Telephone Consumer Protection Act ("TCPA ). The parties in this litigation have reached a Settlement, which could entitle you to a payment up to $750 per transmission of facsimile advertisements sent by TOMY during the period August 14, 2008 to August 30, 2012, based on records produced in the case. There are 159 facsimile advertisements that are the subject of the Settlement. They either promoted TOMY s products; John Deere brand-licensed products that TOMY sold; or Case-, Case IH-, or New Holland brand-licensed products that TOMY sold. The Settlement resolves a lawsuit over whether sending these advertisements violated the TCPA; it avoids costs and risks to you from continuing the lawsuit; pays money to class members; and releases TOMY and other defendants from liability. Court-appointed lawyers for the class will ask the Court for up to one-third (33.33%) of the total settlement payment as attorneys fees, plus expenses, for investigating the facts, litigating the case, and negotiating the Settlement. The parties disagree whether a class would have been certified and how much money could have been won if the case had been litigated to conclusion. Your legal rights are affected whether you act or don t act. Read this Notice carefully. Your options and the deadlines to exercise them are explained in this Notice. If you wish to file a claim to potentially receive a payment from the Settlement, you must submit a Claim Form by December 9, The Court in charge of this case will decide whether to give final approval of the Settlement. Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient. 1. Why did I get this Notice? After extensive negotiation, including before an impartial mediator, the parties have reached the proposed Settlement for this lawsuit, which must be approved by the Court. You are receiving this Notice because records produced in the lawsuit indicate you may be a member of the TICNTL1

2 Settlement Class entitled to receive payment. The purpose of this Notice is to inform you of the terms of Settlement, the benefits available to you under it, how the case and the Settlement may affect your legal rights, important deadlines relating to the Settlement, and the steps you must take if you want to participate in the Settlement or object to or opt-out of the Settlement. 2. What is the name of the case and where is it filed? The case is Craftwood, Inc. v. TOMY International, Inc., et al., Case No. SACCV DOC (ANx). The defendants are TOMY International, Inc., John Deere Shared Services, Inc., and CNH Industrial America LLC (formerly known as CNH America LLC). The lawsuit is pending in the United States District Court for the Central District of California. 3. What is the case about? Plaintiff claims that Defendants violated the TCPA by sending 159 fax advertisements between August 14, 2008, and August 30, 2012 (the Facsimile Advertisements ). The Facsimile Advertisements were sent by TOMY or its predecessor RC2 Corporation, through its ERTL and Learning Curve divisions, and promoted TOMY s products; or John Deere brand-licensed products that TOMY sold; or Case brand-, Case IH brand- or New Holland brand-licensed products that TOMY sold. Copies of all 159 Facsimile Advertisements are available for viewing on the settlement website at The TCPA provides for actual damages or statutory damages of $500 per facsimile transmission that violates it provisions. The TCPA further provides that the Court has the discretion to increase damages by up to three times. 4. What do Defendants say about the case? Defendants deny all of Plaintiff s claims. In denying the merits of Plaintiff s claims, Defendants contend that the Court should not certify the case as a class action. If the Settlement is not approved, Defendants will continue to fight the case and the only way that you and class members will recover anything is if Plaintiff ultimately wins the case, or if the parties later reach another settlement that is approved by the Court. 5. Who are potential class members? How many Facsimile Advertisement transmissions did I receive? The Settlement Class consists of all persons and entities to whose facsimile telephone number(s) TOMY sent, between August 14, 2008 to August 30, 2012, one or more of the Facsimile Advertisements. In order to receive any payment under the Settlement, one or more Facsimile Advertisements must have been sent to your facsimile telephone number. Only the individual or entity who or that is the subscriber to the facsimile telephone with which the fax machine is associated is eligible to receive a payment, regardless of the number of individuals or business who used the same facsimile telephone number. TOMY used an internal fax application to send the Facsimile Advertisements that did not keep historical logs of the facsimile telephone numbers to which the faxes were sent. Therefore, - 2 -

3 Plaintiff retained an expert who analyzed TOMY s telephone records and fax lists to determine the facsimile telephone numbers to which TOMY sent the Facsimile Advertisements. The expert created a report listing the facsimile telephone numbers to which TOMY sent the ads and the number of transmissions of the Facsimile Advertisements sent to such numbers ( Expert Report ). The Expert Report indicates that that there were nearly 113,000 transmissions of the Facsimile Advertisements to almost 9,000 different facsimile telephone numbers. If you complete and timely submit the Claim Form at the end of this Notice, the Claims Administrator will review the Expert Report to determine the number of Facsimile Advertisements the Expert Report indicates were sent to your facsimile telephone number(s). The Claims Administrator will also review the fax lists used by TOMY to see if they indicate whether TOMY may have attempted to send any additional Facsimile Advertisements. The Claims Administrator will send you a notice informing you of the number of Facsimile Advertisements the Expert Report reflects were sent to your facsimile telephone number and the approximate dates they were sent. It will also inform you whether TOMY s fax lists reflect that TOMY may have sent you additional Facsimile Advertisements and the approximate date(s) they may have been sent. You may submit evidence to the Claims Administrator that you were sent additional Facsimile Advertisement(s), such as copies of the additional Facsimile Advertisements or fax logs from your fax machine showing additional Facsimile Advertisements were sent from TOMY (or RC2, Ertl or Learning Curve)(the sending fax number on the top line of the Facsimile Advertisement should be (563) ). You must submit any proof of additional Facsimile Advertisements to the Claims Administrator within 21 days of the date of the notice. If you do not do so, you will only be awarded payment based on the number of Facsimile Advertisements the Expert Report reflects were sent to your facsimile telephone number. If you complete and timely submit the Claim Form at the end of this Notice and your facsimile telephone number is not on the Expert Report, but is on one or more of TOMY s fax lists used to send the Facsimile Advertisements, the Claims Administrator will send you a notice informing you whether TOMY s fax lists reflect that TOMY may have sent you Facsimile Advertisements and the approximate date(s) they may have been sent. You may submit evidence that you were sent Facsimile Advertisement(s) to the Claims Administrator, such as copies of the Facsimile Advertisements or logs from your fax machine showing the Facsimile Advertisements sent from TOMY (or RC2, Ertl or Learning Curve) (the sending fax number on the top line of the Facsimile Advertisement should be (563) ). You must submit any proof you were sent additional Facsimile Advertisements to the Claims Administrator within 21 days of the date of the notice. You will only receive payment based on the number of transmissions of the Faxed Advertisements established by this proof as determined by the Claims Administrator. If you do not make a timely submission of requested proof, you will not receive any payment from the Settlement Agreement other than for the transmission(s) indicated on the Expert Report (if any), even if you timely file a Claim Form

4 Settlement Terms Under the Settlement, TOMY will pay for itself and the other defendants the sum of $10,075,000. This sum, together with any earnings thereon (the Settlement Fund ), after deduction of attorneys fees/costs to the Settlement Class Counsel, any incentive award to Plaintiff (in amounts to be determined by the Court), and fees and costs of the Claims Administrator, Class Notice and the issuance of Class Notice and of claims and settlement administration, is the Claims Payment Amount. The Claims Payment Amount will be used to pay each member of the Settlement Class that submits a valid and timely claim up to $750 per each transmission of the Facsimile Advertisements as reflected in the Expert Report or as determined by the Claims Administrator based on proof you provide. The amount to be paid per transmission will not exceed $750 and may be lower. In the event that the number of such transmissions multiplied by $750 per transmission would exceed the Claims Payment Amount, the per transmission payment amount will be determined by dividing the Claims Payment Amount by the total number of transmissions of Facsimile Advertisements represented by timely and valid claims as determined by the Claims Administrator. At the Final Approval Hearing (see below): (1) Plaintiff will move for an order directing payment of an incentive award to Plaintiff from the Settlement Fund in an amount not to exceed $15,000; and (2) Plaintiff and/or Settlement Class Counsel will move for an order directing payment of attorneys fees from the Settlement Fund in an amount not to exceed one-third (33.3 percent) of the Settlement Fund, and for reimbursement of litigation-related costs. Each Settlement Class member who submits a timely and valid claim and who is entitled to receive payment of $600 or more for their claim will be asked to complete and submit a Substitute Form W-9 to the Claims Administrator. A Settlement Class member who fails to submit a timely and valid Substitute Form W-9 will have his, her or its payment subject to withholding in an amount according to law. Each Settlement Class member (except a Settlement Class member who has obtained proper and timely exclusion from the Settlement Class; see below) will release Defendants and related persons and entities from any and all claims and causes of action, including without limitation under the TCPA, whether currently known or unknown, arising from or relating solely to the transmission of the Facsimile Advertisements (the Released Claims ). Any Settlement Class member who does not negotiate a settlement check within 115 days of the date of the check (as printed on the check), forever waives and releases its claim for payment of the amount represented by the settlement check and directs that the amount represented by the settlement check be made to one or more recipients ordered by the Court

5 What are my Options? Option # 1 - File a Claim Form: You must submit a Claim Form found at the end of this Notice in order to become potentially eligible to receive a payment from the Settlement. If you choose this option, please follow the directions on the Claim Form and be sure to submit the Claim Form so it is received no later than December 9, 2014, otherwise your Claim Form will be irrevocably denied. Option #2 - Exclude Yourself: You may exclude yourself from the Settlement Class. If you choose this option, please follow the directions below and be sure that your request for exclusion is received no later than December 9, Do not request exclusion if you wish to participate in the Settlement and potentially receive payment under the Settlement. If you validly request exclusion from the Settlement, you will (a) be excluded from the Settlement Class and not be entitled to any payment; (b) not be bound by any determinations or judgments entered in the lawsuit; and (c) not release the Released Claims and not be precluded from prosecuting an individual claim, if timely, against Defendants based on the issues raised in the lawsuit, but you will have to pay your own attorneys fees and expenses in doing so. If you do not request exclusion from the Settlement Class, you will be bound by all determinations or judgments in the lawsuit and will release the Released Claims. Option # 3 - Object to the Settlement: If you do not exclude yourself from the Settlement Class, you have the right to object to any aspect of the Settlement, including the relief provided to Class Members and/or the requested attorneys fees and expenses, and/or the requested incentive award. If you object, you or your attorney must serve objections by following the directions below no later than February 2, Even if you object to the Settlement, you will still be a Class Member and may still be entitled a payment from the Settlement if you file a timely and valid Claim Form. Option #4 Do Nothing: You may choose to do nothing, in which case you will remain a member of the Settlement Class and be bound by all determinations or judgments in the lawsuit and release the Released Claims, but you will not receive any payment under the Settlement unless you submit a valid and timely Claim Form. Procedure for Requesting Exclusion From the Settlement To exclude yourself from the Settlement, you must make a signed written request for exclusion that includes your name and current address, current telephone number and facsimile telephone number(s) during August 14, 2008, to August 30, Requests for exclusion must be received by the Claims Administrator no later than December 9, The exclusion request must be addressed as follows: Craftwood v. TOMY Claims Administrator, P.O. Box 43307, Providence, RI

6 The Final Approval Hearing and Objection Procedures On September 8, 2014, the Court entered an order preliminarily approving the settlement and certifying, for settlement purposes only, the Settlement Class. The Court will hold a hearing on February 23, 2015, at 8:30 A.M. in Courtroom 9D of the United States District Court located at 411 West Fourth Street, Santa Ana, CA , to determine whether the Settlement should be given final approval and to determine the attorneys fees and expenses payable to Settlement Class Counsel and any incentive award to Plaintiff (the Final Approval Hearing ). You do not need to attend the Final Approval Hearing to receive a payment under the Settlement if you proceed under Option #1 above. The Final Approval Hearing may be rescheduled by the Court, without further notice to you. The following is a summary of the requirement for filing and serving an objection: To be valid and considered by the Court, any objections by you must be submitted in writing, must be filed with the Clerk of the Court DO NOT MAIL OR ATTEMPT TO FILE DOCUMENTS WITH THE JUDGE; THEY MUST BE FILED WITH THE CLERK OF THE COURT and served by mail and/or on Plaintiff s counsel by no later that February 2, Your objection must include the following: (a) a Notice of Intention to Appear described herein (if you or someone else representing you intend to appear to present your objection); (b) the full name, address and telephone number of the person objecting; (c) a statement of membership in the Settlement Class including his, her or its facsimile telephone number(s) during the period August 14, 2008, to August 30, 2012, the name of the person or business who was the subscriber, i.e., who was the billing party of record with the telephone company, of such facsimile telephone number(s) during such period, and evidence of the same; (d) a statement of each objection verified under penalty of perjury; and (e) a written brief detailing the specific reasons, if any, for each objection, including any legal and factual support the objector wishes to bring to the Court s attention and any evidence the objector wishes to introduce in support of the objection(s). If you or someone else representing you intends to appear at the Final Approval Hearing, the Notice of Intention to Appear must: (a) state how much time the objector and/or his, her or its attorney anticipates needing to present the objection(s); (b) identify by name, address, telephone number, and provide a detailed summary of testimony, of all witnesses from whom the objector and/or his, her or its attorney intend to present any testimony; and (c) identify all exhibits the objector and/or his, her or its attorney intends to offer in support of the objection(s) and attach complete copies of all such exhibits. Only persons who file and serve a Notice of Intention to Appear, or his, her or its attorney identified in the Notice of Intention to Appear, may make an appearance or speak at the Final Approval Hearing. Any objector must be available for deposition within Orange County, California, by Settlement Class Counsel and/or counsel for Defendants within ten business days following the filing of the objection, and the objection must include each date within that period when the objector will be available and present for deposition. In the event that any Settlement Class member objects in the - 6 -

7 manner prescribed herein, Plaintiff and Defendants shall be afforded full opportunity to respond to such objections. ANY SETTLEMENT CLASS MEMBER WHO DOES NOT OBJECT IN THE WAY DESCRIBED ABOVE WILL BE DEEMED TO HAVE WAIVED SUCH OBJECTIONS AND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THE FAIRNESS OR ADEQUACY OF THE SETTLEMENT, ANY AWARD OF ATTORNEYS FEES/COSTS, OR ANY AWARD OF INCENTIVE PAYMENT. An original and one copy of all objections, including any Notice to Appear and all other papers required to be submitted, shall be timely filed with the Clerk of the Court at the following address: 411 West Fourth Street, Room 1053, Santa Ana, CA Copies of all documents filed with the Clerk of the Court must also be sent to Plaintiff s counsel at the following address: Scott O. Luskin Payne & Fears LLP 801 South Figueroa Street, Suite 1150 Los Angeles, CA Correct Address Please be sure that your correct address is clearly printed on the Claim Form to make sure that any payment you are due under the Settlement is sent to your correct address. You may update your address with the Claims Administrator by calling toll free 1 (866) and leaving your name, current address, and telephone and fax numbers on the voice mail. How do I get more information about the Settlement? This Notice is intended only as a summary of the lawsuit and settlement. It is not a complete description of the lawsuit or the Settlement. To obtain additional information, you may do one or more of the following things: (1) You may call the Claims Administrator at 1 (866) ; (2) You may view the settlement website: This website includes or will include copies in downloadable.pdf format of this Notice, the Settlement Agreement, the most recent version of the Complaint, the Facsimile Advertisements, the Motion for Preliminary Approval of the Settlement, the Court Order granting Preliminary Approval, the Motion for Final Approval of the Settlement, the Motion for Fees and Costs and Motion for Incentive Award. The website also includes other important information relating to the Settlement; or (3) You may inspect the complete court file at the office of the Clerk of the Court or access the court file via PACER (information about PACER can be found that the court s general website:

8 DO NOT CONTACT THE COURT, DEFENDANTS OR DEFENDANTS COUNSEL FOR INFORMATION. DEFENDANTS AND THEIR COUNSEL, EMPLOYEES AND REPRESENTATIVES ARE NOT AUTHORIZED TO PROVIDE ANY INFORMATION ABOUT THE SETTLEMENT. BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA [CLAIM FORM ON NEXT PAGE-YOU MUST SUBMIT A CLAIM FORM BY DECEMBER 9, 2014 IN ORDER TO BE ELIGIBLE TO RECEIVE A SETTLEMENT PAYMENT] - 8 -

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Notice of Proposed Class Action Settlement

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Notice of Proposed Class Action Settlement IF YOU WORKED FOR BANK OF AMERICA, N.A. AS A DEDICATED SERVICE DIRECTOR, TREASURY SERVICES