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WHAT THIS SETTLEMENT PROVIDES: If the Settlement is approved by the Court, the Settlement will provide various benefits to the Settlement Class, including compensation for Settlement Class Members who suffered identity theft. To be eligible for compensation, Settlement Class Members must complete a Claim Form that will be available as described below and send the completed Claim Form or submit it electronically to the Claims Administrator by no later than July 6, 2011. Eligibility and the amount of compensation will be determined by a Claims Administrator and will depend upon various factors explained in the Claim Form and the full Notice of Proposed Class Action Settlement (the "Notice"), which are available as described below. Compensation paid to an individual claimant can range from $50 to $2,500. Total compensation paid to all claimants will not exceed $6.5 million, inclusive of any attorneys' fees or cost award. The Company is required to pay no less than $2.5 million in Settlement benefits. In addition, the Company will retain an independent information technology security consultant to assess whether the Company has met certain information technology security standards.
In return for these benefits, the lawsuits will be dismissed and members of the Settlement Class who do not exclude themselves from this Settlement according to the procedures described below will be deemed to have released all claims against the Company relating to the unauthorized acquisition of email addresses and any other customer information and/or the receipt of SPAM emails, identity theft and any increased risk of identity theft.
THIS IS ONLY A SUMMARY NOTICE: The details of how to obtain and complete a Claim Form, the release, provisions for attorneys' fees and costs, and other pertinent information about the terms of the Settlement are set forth in the Notice. You may obtain a copy of the Notice by visiting the Settlement Web site: www.AccountDataSettlement.com or by mailing a request for the Notice to the Claims Administrator: TD Ameritrade Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177.