Terms & Conditions

AI Settlements, LLC

Representation Authorization

This Agreement solely concerns the Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720, currently pending in the United States District Court for the Eastern District of New York (“Action”).

PLEASE REVIEW AND SIGN THE AUTHORIZATION

AGREEMENT FOR REPRESENTATION & AUTHORITY TO REPRESENT

This Agreement for Representation and Authority to Represent (collectively “Agreement”) is entered into by and between the Client identified in the signature block below (“Client”) and AI Settlements, LLC. (hereinafter “AIS”).

1. Scope of Representation: The Client may be a class member entitled to a payment in a settled class action lawsuit styled as: In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720, currently pending in the United States District Court for the Eastern District of New York (“Action”). The Action concerns excessive fees charged to businesses for accepting Visa and Mastercard cards in violation of antitrust laws. To obtain payment from the settlement, class members must submit valid claims (“Claims” or “Claim”) to the court-assigned settlement administrator, Epiq Class Action & Claims Solutions, Inc. (“Settlement Administrator”). The Claim forms are not yet available for class members to complete and submit. Once available, Failure to submit a valid Claim will result in class members forfeiting their Claims without receiving payment. By this Agreement, the Client engages AIS as its agent and sole representative to work with the Settlement Administrator to determine if the Client is qualified and, if qualified, to submit the Client’s Claim on the Client’s behalf.

2. AIS’s Fees and Payment to Client: In consideration for representing Client and providing the services outlined in this Agreement, including those in Sections 4 and 10, Client agrees to pay AIS a fee of 25% of Client’s gross dollar recovery from the settlement. If the Client does not qualify for the settlement or if no recovery is obtained, the Client owes AIS no fees or costs.

3. Investigation / Termination for Non-Eligibility: Following the Client’s engagement of AIS, AIS will investigate and confirm whether the Client is a class member eligible for Claim submission and payment from the settlement. If AIS determines Client is not eligible, AIS may, at any time, terminate this Agreement and withdraw from representing Client. In the event AIS terminates the Agreement, AIS will provide an email notice to the Client advising them of its withdrawal. If AIS terminates this Agreement, Client will not be responsible for the payment of any fees or any costs expended by AIS.

4. Scope of Engagement / Claim Submission / Authority to Represent: The Client has retained AIS to work with the Settlement Administrator (Class Counsel and the Court to the extent necessary or required) to determine if the Client qualifies for the settlement and, if qualified, to handle the entirety of the Claim submission process on the Client’s behalf. Client acknowledges there is significant value to Client to have AIS represent Client in this capacity. The Client understands that retaining a lawyer or third-party service for claim submission is not required, and the Client may file a claim independently at no cost with assistance from the Class Administrator and Class Counsel during the claims-filing period. The Client has selected and engaged AIS to handle the Client’s Claim and to represent the Client’s interest in this Action. The client understands that the Settlement Administrator and Class Counsel are available at no cost to the Client to assist during the claims-filing period. For additional information about the settlement, the Client may visit the Court-approved website at https://www.paymentcardsettlement.com, which contains official information and resources. Client grants AIS authority to communicate with the Settlement Administrator, Class Counsel, and the Court on Client's behalf regarding the submission and processing of Client's Claim. For decisions that could materially affect the Client's rights or potential recovery, such as accepting settlement offers that are more than 10% below the estimated claim value or withdrawing a claim, AIS must obtain the Client's written consent. AIS will, if possible, notify Client within 5 business days of any significant communications or developments regarding Client's Claim. Client authorizes AIS to instruct the Settlement Administrator, Class Counsel, and the Court to communicate exclusively and directly with AIS on Client’s behalf. Client authorizes the Settlement Administrator to send Client’s Claim form to AIS on Client’s behalf (in lieu of the Claim form being sent to Client) to eliminate the possibility Client fails to receive or review the Claim form, and to ensure Client timely submits a completed Claim. Client authorizes AIS to prepare, complete, and submit Client’s Claim to the Settlement Administrator and to communicate as necessary with the Settlement Administrator, Class Counsel, or the Court about Client, Client’s Claim, and the Claim process. AIS may respond to any follow-up requests from the Settlement Administrator or others for additional information or documentation necessary to substantiate the Client’s Claim or to support the proposed Claim payment amount. At AIS's sole discretion, and without consulting the Client, AIS may accept, contest, or negotiate the Claim payment amount on the Client's behalf. AIS shall instruct the Settlement Administrator as to where and the means (check/wire) to send the Client’s Claim payment proceeds.

5. Client’s Payment: The client acknowledges that the Client’s payment will be a pro-rata share of the remaining money in the settlement fund after payment of Class Counsel’s attorneys’ fees and costs, Settlement Administration costs, service awards to the Action’s class representatives, and payments allocated to those class members who opted out of the settlement. It is not possible to know the amount of the Client’s payment until all valid claims for all class members are submitted. The parties intend for the Settlement Administrator to pay the Client directly for its share of the settlement proceeds (after attorney’s fees) and to pay AIS directly for its fees. The Client agrees that this Agreement serves as an instruction for the Settlement Administrator to distribute payments accordingly. However, if the Settlement Administrator pays AIS the full amount of the Client’s settlement, and the payment is in the form of a check in the Client’s name, the Client gives AIS the power of attorney to endorse the Client’s name on the check and authorizes AIS to deposit the check in a Trust or Escrow Account, for AIS to retain its fees, and to issue Client’s payment to Client. If a check or electronic payment for the full amount of the settlement is sent directly to the Client from the Settlement Administrator, the Client agrees to within 3 days deliver to AIS its full agreed-upon fee by check or wire transfer.

6. Obligation for Payment of AIS’s Fees if Client Terminates: Client shall have three days from the date this Agreement is signed to terminate the Agreement. The Client will owe AIS nothing if termination is done in a timely manner. Cancellation must be made by email to support@AISettlements.io. Following three days, the Client shall be bound by the terms of the Agreement, including its commitment regarding payment of AIS’s fees.

7. Limited Representation & Tax Advice Excluded: AIS only represents the Client for eligibility confirmation and Claim submission and for no other purpose. AIS’s representation does not include any tax-related advice, including advice relating to the effect of submitting the Claim in the Action or the taxable consequences of receiving payment from the settlement.

8. Association of Additional Counsel: AIS shall have the option to associate with lawyers or law firms. The client will not have to pay any additional fees.

9. Duties of Client: Client agrees to cooperate fully with AIS during the course of representation to advise AIS fully of all pertinent matters and to provide truthful and accurate information to the best of Client’s knowledge. Client agrees to keep AIS informed of Client’s current mailing address, email address, and telephone number, and in the event any of them change, to promptly email AIS with the new contact information. AIS and the Client agree to maintain reasonable availability for discussions via phone or email as needed to discuss the settlement, Claim process, or representation. For additional information about the settlement or assistance, the Client may visit the Court-approved website at https://www.paymentcardsettlement.com, which contains official information and resources.

10. Client’s Representations and Acknowledgments: Client acknowledges it has not submitted a Claim on its own behalf, nor has Client retained any other representative or a lawyer, law firm, or third party to submit a Claim on its behalf. Client acknowledges it will not submit its own Claim in the future unless this Agreement is terminated pursuant to its terms. Client acknowledges it will not sign an agreement with any other representatives, lawyer, law firm, or third party in the future unless this Agreement is terminated pursuant to its terms. In the event that AIS learns Client has submitted its own Claim, or there is a duplicative representation of Client by another representative, lawyer, law firm, or third party, Client agrees this Agreement with AIS shall supersede Client’s own submission or any other agreement entered into with any other representative, lawyer, law firm, or third party, regardless of when the submission was made or agreement entered. Client authorizes AIS to use this Agreement as evidence that it intends for AIS and only AIS to handle its Claim. Client represents its interest in the Action, including its right to the proceeds of the Claim, have not been sold, assigned, or conveyed to any other person or entity, and that the individual signing this Agreement for Client has the authority to execute and bind Client to the obligations hereunder. Likewise, in the event that the Client is a dissolved entity, the individual signing this Agreement for Client acknowledges the signer is the rightful and lawful successor in interest to the entity entitled to receive the payment under the settlement and that no other party has claimed or is claiming entitlement to some or all of the payment. The Client also represents that it is not a debtor in any current bankruptcy, nor is it a party to any franchise agreement. Client acknowledges AIS is providing value in this matter by using its experience and knowledge to ensure Client’s Claim is properly submitted at an early stage and that Client’s Claim is filed correctly and in a timely manner. The Client has access to ask AIS any questions about its representation of Client, to supplement the Claim with additional documentation and information in the event Client or AIS dispute the amount of the settlement offer, and to otherwise have questions answered to the best of AIS’s ability. Further, the Client is aware that by working with AIS, it is certain that its Claim will be submitted. Typically, in claims-made settlements in class actions of this size, only approximately 2-7% of the class members submit claims. This is an important factor in retaining AIS—even though the Client could submit the Claim without having to pay a fee to anyone as well as receive assistance in filing the claim via the Court Approved Website—as it is possible, the Client would have ignored the Claim form when it was eventually sent by the Settlement Administrator.

11. Sworn Statement: To support the Claim, the Client may be required to sign a sworn statement under penalty of perjury. The Client authorizes AIS to make that sworn statement and sign on its behalf. By signing this Agreement, the individual signing for the Client is signing under penalty of perjury that the information submitted to AIS in connection with its eligibility for Claim submission is true and accurate, including that the signer has the full authority to sign for the Client, the company accepted Visa and Mastercard as a form of payment between 2004 and 2019, that Client did not file for bankruptcy at any time, and that Client has not assigned its right to the proceeds from the settlement.

12. Confidentiality: The Parties agree to keep the terms of this Agreement confidential between each other, with the exception that the Parties may share the Agreement with the Settlement Administrator, Class Counsel, or the Court.

13. Total Agreement: This Agreement represents the total agreement between Client and AIS regarding AIS’s fees and expenses and other terms involving AIS's representation of Client. Any modifications, additions, or other changes to this Agreement shall be made only in writing and signed by both the Client and AIS.

14. Governing Law: This Agreement shall be governed by the laws of the State of Wyoming, without regard to its conflict of laws and principles. If any term of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in effect.

15. Dispute Resolution: Jury Trial Waiver. If Client and AIS cannot amicably resolve in good faith any dispute arising out of or in connection with this Agreement, the dispute must be submitted to arbitration before the American Arbitration Association (AAA). The arbitration shall be administered by a single AAA arbitrator pursuant to their Comprehensive Arbitration Rules & Procedures, under which Client and AIS shall share equally in the costs of the arbitration. Judgment on any arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Client and AIS agree that Wyoming law applies in the determination and adjudication of the parties’ rights, responsibilities, and obligations in any such dispute. The Client is encouraged to consult an attorney regarding this arbitration requirement. By entering into an agreement requiring arbitration to resolve certain disputes, the Client waives the right to go to court to resolve those disputes by a judge or jury.

16. Optional Client-Directed Contribution – “Claim for a Cause”: As part of our commitment to supporting Client-directed contributions, AIS allows Clients to choose to contribute a portion of their settlement proceeds to an organization or cause of their choice through the “Claim for a Cause” option. This program is completely voluntary and is managed solely by the Client. Client Authorization and Responsibility: The Client may choose to contribute a specified percentage of their net settlement proceeds to an organization, cause, or purpose of their choice by completing the designated section of the claim filing form. AIS does not collect, hold, or distribute any funds related to the Client’s contribution. The Client is solely responsible for ensuring that any contribution is completed according to their instructions. AIS has no obligation to confirm, verify, or follow up on whether a contribution has been made. AIS is not responsible for any failure, delay, or non-compliance by the Client or the designated recipient. The Client acknowledges that AIS is not responsible for verifying the recipient organization’s eligibility, tax status, or ability to receive contributions. The Client is advised to conduct their own due diligence before directing any funds to a chosen recipient. AIS’s Limited Role and Notification Authorization: The Client authorizes AIS to notify the designated recipient of the Client’s name, the Client’s selected percentage contribution, and the estimated contribution amount based on the Client’s net settlement recovery. AIS’s role is strictly limited to providing notification to the designated recipient and does not include fund processing, financial transfers, or tax documentation. AIS makes no representations, warranties, or endorsements regarding the recipient chosen by the Client and does not guarantee that the recipient will accept or acknowledge the contribution. No Affiliation or Liability: The Client acknowledges that AIS has no affiliation, partnership, or relationship with any designated recipient under the Claim for a Cause program. The inclusion of a recipient’s name on the claim form does not indicate endorsement, approval, or any contractual relationship between AIS and the recipient. The Client agrees that AIS bears no liability for any failure, delay, or refusal by the Client or the recipient to complete the contribution process. AIS shall have no responsibility for tax implications, misallocation of funds, or any disputes between the Client and the recipient. The Client understands that all contributions made through the Claim for a Cause program are subject to the selected recipient’s terms, policies, and conditions, and AIS has no control over how funds are received, processed, or used by the recipient. Tax and Legal Considerations: AIS does not provide tax, legal, or financial advice regarding contributions. The Client is solely responsible for determining whether their contribution qualifies for a tax deduction and should consult a tax professional regarding any applicable tax benefits. AIS does not issue tax receipts or confirmations of donations. The Client is responsible for obtaining any necessary documentation directly from the recipient for their records. No Obligation or Impact on Settlement: Participation in the Claim for a Cause program is entirely voluntary, and choosing not to contribute will not affect the Client’s settlement rights or the services provided by AIS. The Client may modify or revoke their contribution choice before settlement funds are disbursed, but AIS has no obligation to track, verify, or enforce such modifications.

THE PARTIES HERETO AGREE TO BE BOUND BY THE AGREEMENT AS OF THE DATE BELOW.