IV. THE PROPOSED SETTLEMENT
The terms of the proposed Settlement are as follows:
A. Class Benefit
As set forth in the Settlement Agreement, Defendant shall mail to each Class Member who is an active member of a BMG music club a Voucher.
Class Members who are no longer members of a BMG music club must complete and submit by mail to BMG a Claim Form, which will be available at
www.bmgmusic.com/stelk/settlement, and provided to any Class Member in response to an oral or written request. Those who, as of the date of entry of the Order of Preliminary Approval of Class Action Settlement, have
not yet fulfilled their contractual commitment by purchasing the requisite number of CDs will receive a Voucher for 75% off BMG's regular club price for one CD, free of shipping and handling charges. Those who, on or before the date of entry of the Order of Preliminary Approval of Class Action Settlement, have
fulfilled their contractual commitment by purchasing the requisite number of CDs will receive a Voucher for two single CDs for 75% off each of said purchases, each free of shipping and handling charges. Said Vouchers shall be valid for one year from the Effective Date of the Settlement.
Then he said since you were such a wonderful customer, we would like to give you two or three free CDs under no obligation. I said no thanks. He was persistent and normally I'd hang up on him, but I had a little free time so I listened to his garbage. I reiterated my no thank you and he said, well how about I put the free CDs on your account and if you ever want to use them, they'll be there. I said that sounded fair just to get off the phone.
