Case 8:12-cv-01710-DOC-AN Document 135-2 Filed 01/16/15 ...classaction.kccllc.net/Documents/TIC0001/Cooper Decl-Filed.pdf · 26 27 28 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT

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8 UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION

CRAFTWOOD II, INC., a Californiacorporation, d/b/a Bay Hardware,individually and on behalf of all otherssimilarly situated,

Plaintiffs,v.

TOMY INTERNATIONAL, INC., et al.,

Defendants.

Case No. SACV12-1710 DOC (ANx)

Class Action

Declaration of Claims AdministratorSenior Consultant Phil Cooper reSettlement Administration

Final Approval Hearing Date: 2/23/15Time: 8:30 A.M.Courtroom: 9D

DECLARATION OF CLAIMS ADMINISTRATOR (PHIL COOPER) Case No. SACV12-1710 DOC (ANx)

Case 8:12-cv-01710-DOC-AN Document 135-2 Filed 01/16/15 Page 1 of 37 Page ID #:3034

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I, Phil Cooper, declare and state:

1. I am a Senior Consultant at Kurtzman Carson Consultants LLC

("KCC"), the Claims Administrator for the settlement in the above-referenced case

involving Craftwood II, Inc. ("Plaintiff') and TOMY International, Inc.

("TOMY"), John Deere Shared Services, Inc. and CNH Industrial America LLC

(collectively "Defendants"). I am principally responsible for the activities of KCC

in connection with the administration of the settlement. I therefore have personal

knowledge of the facts set forth herein and, if called as a witness, could and would

testify competently thereto.

Summary of Activities

2. Plaintiff and Defendants agreed that KCC would serve as the Claims

Administrator in connection with the settlement in this case and the Court

approved such appointment in its September 8, 2014, Preliminary Approval Order.

KCC was retained to and performed, among others, the following tasks: (i) fax and

mail the Notices of Class Action and Proposed Settlement and Claim Forms; (ii)

develop with input from counsel a dedicated website for the settlement, located at

www.tomyfaxsettlement.com; (iii) receive, process, review and report on Claim

Forms submitted by class members based on the criteria contained in the

Settlement Agreement; (iv) ascertain which submitted Claim Forms were valid,

duplicative and untimely; (v) respond to telephone calls and questions asked by

class members; (vi) regularly report to counsel for the parties on the status of class

notification and claims administration; (vii) regularly communicate and consult

with counsel for the parties regarding class notification and claims administration;

(viii) send notices of denial letters and receive, process, review and report on

attempted cures submitted in response to denial letters; (ix) send letters to class1



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members advising them about their ability to submit proof of additional fax

transmissions and receive, process and review submissions in response to such

letters; (x) send Substitute W-9 Forms to class members anticipated to receive

$600 or more under the settlement and receive, process and review Substitute

Forms W-9 submitted; and (xi) receive settlement deposits from TOMY totaling

$5,075,000 so far, and establishing, with input from counsel, an escrow account

for $5,000,000 deposited.

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3. In addition, on November 28, 2014, after Court approval was given,

KCC mailed reminder notices to class members for whom KCC had addresses but

who had not yet submitted a Claim Form.

4. Future activities of KCC are anticipated to include: (i) continuing to

respond to telephone calls and other inquiries made by class members; (ii)

continuing to report to counsel for the parties on the status of claims

administration; (iii) continuing to process, review and report on attempted cures

submitted in response to denial letters; (iv) continuing to process, review and

report on submissions of proof of additional faxes; (v) continuing to process,

review and report on submission of W-9 forms from class members; (vi) receiving

a settlement deposit by TOMY of an additional $5,000,000 into the escrow

account, if the settlement becomes final; and (vii) issuing checks from the escrow

account to class members with valid claims, if the settlement becomes final.

Giving Notice to the Class

5. On or before September 19, 2014, KCC received from TOMY's

counsel a spreadsheet in electronic format identified as the "Master Facsimile

Transmission Data Base" (the "MFTD") referenced in paragraph 15 of the

Settlement Agreement. The information on the MFTD was consolidated by fax2

DECLARATION OF CLAIMS ADMINISTRATOR (PHIL COOPER) Case No. SACV 12-1710 DOC (ANx)


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telephone number and name to create a list for class notice purposes ("Notice

List"). After these efforts, the Notice List contained 269,620 potential fax

transmission records correlating to 12,020 unique fax telephone numbers and

13,332 addressees. There were instances where one fax telephone number

correlated to multiple variations of names and addresses.

6. On or before October 3, 2014, I caused the Notice List to be updated

using the National Change of Address system, which updates addresses for all

people who had moved during the previous four years and filed a change of

address with the U.S. Postal Service. New addresses were found for 778 class

members. The Notice List was updated with these new addresses.

7. On October 3, 2014, I arranged for the fax versions of the Notice of

Class Action and Proposed Settlement and Claim Form (the "Fax Notice Packet")

to be sent by facsimile transmission to all of the fax telephone numbers contained

on the Notice List. As set forth in paragraph 15 of the Settlement Agreement,

KCC attempted three fax transmissions per facsimile telephone number. Through

this effort, Fax Notice Packets were successfully transmitted via facsimile

transmission to 7,773 fax telephone numbers on the Notice List. True and correct

copies of the Notice and Claim Form utilized in the "Fax Notice Packets" are

attached hereto as Exhibits A and B, respectively.

8. Through a combination of the addresses initially provided on the

IVIFTD and utilizing reverse telephone searches for records with incomplete

address data where necessary, KCC was able to identify potential addresses for all

but 127 fax telephone numbers on the Notice List. Instances where multiple

potential addresses were found for a class member, copies of the Notice of Class

3DECLARATION OF CLAIMS ADMINISTRATOR (PHIL COOPER) Case No. SACV12-1710 DOC (ANx)


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1 Action and Proposed Settlement and Claim Form (the "Mail Notice Packet") were

mailed sent to each potential address. The Notice contained in Mail Notice

Packets was identical to the Notice contained in the Fax Notice Packets, except the

words "by facsimile" was deleted from the sentence "[t]he sending of this notice

by facsimile has been approved by the Court" in the first line under the banner

"Notice of Class Action and Proposed Settlement" contained the Fax Notice. This

was done to reflect that the Notice in the Mail Notice Packets was to be mailed.

The Claim Forms used in both the Fax and Mail Notice Packets were identical in

form.

9. On October 8, 2014, I caused the physical mailing versions of Mail

Notice Packets, via first class mail, at the U.S. Post Office in Petaluma, California

to 4,564 class members at 5,479 addresses. On October 10, 2014, KCC timely

caused Mail Notice Packets to be mailed, via First Class Mail, at the U.S. Post

Office in Petaluma, California to an additional 80 class members for whom

addresses were identified after the initial group. In all, 5,559 Mail Notice Packets

were mailed by KCC via first class mail.

10. Of the Mail Notice Packets, 29 were returned to KCC by the U.S.

Postal Service as undeliverable as addressed and provided new mailing addresses.

The addresses were updated for these class members and all 29 Mail Notice

Packets were timely re-mailed by KCC.

11. Of the Mail Notice Packets, 2,249 were returned as undeliverable as

addressed with no forwarding addresses provided by the U.S. Postal Service. KCC

conducted address searches to attempt to locate new addresses for these class



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members, locating new address for 228 of them. Mail Notice Packets were timely

re-mailed to all of these newly found addresses by KCC on a rolling basis.

12. Of the re-mailed Mail Notice Packets, 157 were returned by the U.S.

Postal Service once more. Addresses for these returned items were not searched

again in accordance with paragraph 15 of the Settlement AgreeMent.

13. In sum, KCC successfully faxed, mailed or re-mailed 11,154 Fax or

Mail Notice Packets, or approximately 84% of the addressees contained in the

MITD 1 .

14. Plaintiff's counsel provided KCC with a spreadsheet in electronic

format which counsel stated constituted the results of the report of Plaintiff's

expert Robert Biggerstaff ("Biggerstaff Report") referenced in paragraph 7 of the

Settlement Agreement. The Biggerstaff Report contained 8,894 unique facsimile

telephone numbers and the number of fax transmissions found by Mr. Biggerstaff

per unique facsimile telephone number (totaling 112,723 transmissions). The

Biggerstaff Report was used by KCC to determine the number of transmissions for

the unique fax telephone numbers on the Notice List for purposes of calculating

the number of "Shares" under paragraph 4.B of the Settlement Agreement for

valid or cured Claims made by class members. The transmissions on the

Biggerstaff Report were also compared to those listed on the MFTD to identify

transmissions listed on the MFTD that were not on the Biggerstaff Report for

purposes of mailing "additional fax" letters, as provided in paragraph 8.A of the

Settlement Agreement.

I It is likely that a higher percentage of unique fax telephone numbers werereached, as there were more addresses than fax telephone numbers on the MFTD.

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15. In reviewing the Biggerstaff Report, KCC identified 26 numbers not

included on the MFTD. Fax Notice Packets and Mail Notice Packets were sent to

the fax numbers or addresses, as available, for each of these 26 new records.

Tele.phone Calls to KCC

16. As of the execution of this declaration, KCC has responded to 267

telephone calls inquiring about the case and/or settlement from other than counsel

for the parties.

17. A script was developed by KCC in order to answer questions from

class members during these telephone calls.

Settlement Website

18. Pursuant to paragraph 5.B of the Settlement Agreement, KCC

developed a dedicated website for the settlement located at

www.tomyfaxsettlement.com. The website was operational by October 3, 2014.

19. The website contained a "long form" Notice of Class Action and

Proposed Settlement and Claim Form, a true and correct copy of which is attached

hereto as Exhibit C. In addition, the website contained the following additional

documents: First Amended Complaint for Violations of the Junk Fax Prevention

Act; Notice of Motion and Plaintiffs Unopposed Motion for Preliminary Approval

of Class Action Settlement Agreement; Memorandum of Points and Authorities in

Support of Plaintiffs Unopposed Motion for Preliminary Approval of Class

Action Settlement; Declarations Submitted in Support of Plaintiff's Unopposed



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Motion for Preliminary Approval of Class Action Settlement Agreement (With

Exhibits); Supplemental Memorandum in Support of Plaintiffs Unopposed

Motion for Preliminary Approval of Class Action Settlement; and copies of the

159 "Facsimile Advertisements." KCC will add to the website copies of the

Motion for Fees, Motion for Incentive Award and Motion for Final Approval once

filed. KCC will also add to the website the Final Approval Order if and when

entered by the Court. All of the documents referenced in this paragraph are or will

be available for downloading to anyone visiting the website.

20. The website also includes a list of deadlines (set in the Court'

Preliminary Approval Order) to submit Claim Forms, requests for exclusion and

objections. This list also includes the date and time of the final approval hearing

currently set for February 23, 2015, 8:30 a.m. The website also includes a section

of Frequently Asked Questions ("FAQs"). A true and correct copy of the FAQ's

as contained on the website is attached hereto as Exhibit D.

21. The website is able to count the number of visits to the website. As

of the execution of this declaration, there were 2,478 visits to the website.

Claim Statistics

22. KCC provided counsel for the parties weekly status reports

containing updates on the faxing, mailing and re-mailing of Notice Packets and the

administration of the settlement beginning on October 21, 2014. These reports

included, among other things, the number of Notice Packets faxed, mailed or re-

mailed; the number of Claim Forms submitted; and the status of requests for

exclusions.

7DECLARATION OF CLAIMS ADMINISTRATOR (PHIL COOPER) Case No. SACV12-1710 DOC (ANY)


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23. Under paragraph 7 of the Settlement Agreement, in order to be

timely, Claim Forms needed to be actually received by KCC on or before

December 9, 2014. By December 9, KCC received 1,636 timely unique Claim

Forms and 263 Claim Forms determined to be duplicates.

24. Paragraph 10.A of the Settlement Agreement provides the criteria for

the determination by KCC as to whether a submitted Claim Form is valid or not

valid. Of the 1,636 non-duplicate Claim Forms KCC received, KCC determined

that 1,350 Claim Forms were timely and valid and 214 Claim Forms were invalid

(although timely submitted) as follows: 23 Claim Forms were not signed; 26 did

not provide any fax telephone number; 37 did not provide a subscriber name for

the fax telephone number provided; and 175 Claim Forms provided only fax

telephone numbers that were either already claimed or did not match any of the fax

telephone numbers contained on the MFTD or the Biggerstaff Report. KCC

reported these determinations to counsel for the parties on December 19, 2014,

pursuant to paragraph 9 of the Settlement Agreement.

25. Pursuant to the Order on Plaintiff's Ex Parte Application for

Approval to Mail Reminder Notice to Settlement Class Members, on November

28, 2014 KCC mailed the 12,044 Reminder Notices and Claim Forms. These were

mailed to class members for whom KCC had an address, but for whom no Claim

Form had been received. The Reminder Notice was essentially in the same form

as the form contained the Mail Notice Packets, except the Reminder Notice was

labeled as a "second notice"). Of the 1,350 valid and timely Claim Forms received

by KCC by the December 9, about 625 Claim Forms (representing about 9,090

transmissions under the Biggerstaff Report) received before November 28 and



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about 725 Claim Forms (representing about 10,871 transmissions under the

Biggerstaff Report) were received between November 29 and December 9.

26. In accordance with paragraph 10.B of the Settlement Agreement, on

December 22, 2014, KCC timely mailed notice of denial letters to the claimants

who submitted Claim Forms found by KCC to be timely received but invalid.

Denial letters were not mailed to duplicate claims; accordingly KCC sent 214

denial letters. As provided in paragraph 10.B, these denied claimants were given

until January 5, 2014 (as a postmark deadline), within which to either attempt to

cure the defect(s) and/or challenge the denial. This count does not include denial

letters mailed to claimants submitting Claim Forms after the deadline, which

continue to be sent on a rolling basis as late claim forms are received. Pursuant to

paragraph 10.B of the Settlement Agreement, there is no opportunity to cure late

submitted claims.

27. As of the execution of this declaration, KCC received 69 unique

attempted cures to denial letters. Of these, 47 were determined by KCC to be

valid cures. The valid cures represent 693 fax transmissions recorded in the

Biggerstaff Report. As of the execution of this declaration, KCC has received 5

challenges with respect to denied claims (including those denied because they

were received after the December 9, 2014 claims submission deadline). Of those

challenges, 2 were approved, resulting in 29 additional fax transmissions.

28. On December 23, 2014, KCC mailed 1,350 letters to class members

who submitted a timely and valid Claim Forms informing them may have received

additional faxes contained on the MFTD but not shown on the Biggerstaff Report

and giving them until January 13, 2015 to submit proof of additional faxes. A true

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DECLARATION OF CLAIMS ADMINISTRATOR (PHIL COOPER) Case No. SACV 12-1710 DOC (ANx)


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and correct exemplar copy of the "Additional Fax" Letter is attached hereto as

Exhibit E. As of the execution of this declaration, 5 submissions have been

received and reviewed. One of these claimants has been credited with 1 additional

fax transmission based on the information provided.

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29. In sum, as of the execution of this declaration, a total of 1,398 Claims

were determined by KCC to be timely and valid (after accounting for previously

denied claims successfully cured) representing 15.7% of the total potential class

members per the Biggerstaff Report, and representing 20,659 fax transmissions

(after accounting for satisfactory proof of additional faxes processed to date) or

about 18.3% of the total fax transmissions reported on the Biggerstaff Report.

KCC will continue to process proof of additional faxes submitted, but based on the

submissions processed as the execution of this declaration, I don't expect that

proof of additional faxes yet to be submitted and/or processed will have material

affect the totals contained in this paragraph2 .

30. Using the 20,659 approved fax transmissions in paragraph 29 above„

the mean average count of approved fax transmissions per-claim is 18

transmissions (excluding claims that have are otherwise valid but have no

transmissions on the Biggerstaff Report, and have not submitted an approved

claim of additional faxes).

W-9 Forms

31. As of the execution of this declaration, 1,113 letters containing a

substitute W-9 form were mailed to each Class Member anticipated to receive a

2 The number of claims was adjusted downward by 1 and reduced by 25transmission for a subsequently discovered duplicate claim.

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payment of $600 or more. KCC will send these letters to any successfully cured

claims that were previously denied, as applicable.

Requests for Exclusion

32. KCC received 11 requests for exclusion from the Settlement Class by

the December 9, 2014 deadline set under paragraph 17 of the Settlement

Agreement. These 11 requests were reported to the Court on December 17, 2014.

I have read the 11 requests for exclusion and none of them express any

dissatisfaction with the settlement.

No Objections

33. As of the execution of this declaration, KCC has received no

objections from class members (or anyone else). The deadline for such objections

(February 2, 2015 under paragraph 12 of the Court's Preliminary Approval Order)

has not yet expired.

Costs of Administration

34. KCC agreed to cap at $75,000 administrations costs related to the

scope of duties established at the outset of KCC's engagement. The costs

associated with the Reminder Notice and mailing discussed in paragraph 25 above

were $10,634.77 and are outside of the $75,000 cap. Accordingly, KCC will not

bill more than $85,634.77 on this matter ($75,000 plus $10,634.77).

I declare under penalty of peijury that the foregoing is true and correct and

that this declaration was executed this 14th day of January 2015 at Novato,

California./..

' 1 .Phil Cooper

1 1DECLARATION OF CLAIMS ADMINISTRATOR (PHIL COOPER) Case No. SACV12-1710 DOC (ANx)


EXHIBIT A


UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

CRAFTWOOD II, INC. v. TOMY INTERNATIONAL, INC, JOHN DEERE SHARED SERVICES, INC.and CNH AMERICA LLC, No. SACV12-1710 DOC (ANx)

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

THIS IS NOT A SOLICITATION

THE SENDING OF THIS NOTICE BY FACSIMILE HAS BEEN APPROVED BY THE COURT.

YOU RECEIVED THIS NOTICE BECAUSE THE RECORDS PRODUCED IN THE CASEINDICATE YOU MAY BE A MEMBER OF THE PROPOSED SETTLEMENT CLASS IN THIS CASE.

PLEASE READ THIS NOTICE CAREFULLY.

IF YOU WISH TO FILE A CLAIM TO POTENTIALLY RECEIVE MONEYUNDER THIS SETTLEMENT (UP TO $750 PER FACSIMILE TRANSMISSION),YOU MUST SUBMIT A CLAIM FORM (LAST PAGE) BY DECEMBER 9, 2014.

I. WHY YOU RECEIVED THIS NOTICE

You received this Notice because the records of Defendant TOMY International, Inc. (f/Ida RC2 Corporation) d/b/a Ertl orLearning Curve ("TOMY") show that during the period August 14, 2008, to August 30, 2012, TOMY sent or may have sentto you one or more facsimiles which promoted TOMY's products; or John Deere brand-licensed products that TOMY sold;or Case-, Case IH- or New Holland-brand licensed products that TOMY sold (the "Facsimile Advertisements"). You may bea member of the Settlement Class in this class action lawsuit filed against TOMY, John Deere Shared Services, Inc. andCNH Industrial America LLC (f/k/a CNH America LLC) (collectively "Defendants") and you may be entitled to recover apayment of up to $750 per transmission for each Facsimile Advertisement TOMY sent to you.

II. WHAT IS THE LAWSUIT ABOUT?

Plaintiff, Craftwood II, Inc. ("Plaintiff'), sued Defendants alleging that Defendants violated the Telephone ConsumerProtection Act ("TCPA") by sending 159 Facsimile Advertisements between August 14, 2008, and August 30, 2012. Copiesof the 159 Facsimile Advertisements are available for viewing on the settlement website at www.tomyfaxsettlement.com .Among other things, the TCPA prohibits sending unsolicited facsimile advertisements with certain exceptions. The TCPAprovides that a person who is sent an advertisement in violation of the TCPA may bring an action against the sender andrecover either its actual damages or statutory damages of $500 per facsimile transmission. Further, the TCPA provides thatthe Court may in its discretion increase the statutory damages up to a maximum of $1,500 per fax if the plaintiff proves thedefendant willfully violated the TCPA. Defendants deny they have violated the TCPA, but have agreed to settle this action toavoid the costs and uncertainties of litigation. Defendants will vigorously defend the lawsuit if the proposed Settlement is notapproved. The Court has preliminarily certified the Settlement Class which has been defined as:

All persons and entities to whose facsimile telephone number(s) TOMY sent, during the period August 14, 2008to August 30, 2012, one or more Facsimile Advertisements (as defined in the Settlement Agreement) thatpromoted its goods, Deere brand-licensed products sold by TOMY, or Case brand-, Case IH brand- or NewHolland brand-licensed products sold by TOMY (the "Settlement Class").

In order to receive any payment under the Settlement, one or more Facsimile Advertisements must have been sent to yourfacsimile telephone number. Only the individual or entity who or that is the subscriber to the facsimile telephone with whichthe fax machine is associated is eligible to receive a payment, regardless of the number of individuals or business who usedthe same facsimile telephone number.

The records of TOMY indicate that you may be a member of the Settlement Class and therefore you may be entitled toreceive up to $750 for each Facsimile Advertisement which TOMY sent to you. If you timely submit the Claim Form at theend of this Notice, the Claims Administrator will check to see if its records reflect you were sent one or more FacsimileAdvertisements by TOMY and it will also provide you with any information regarding dates on which TOMY may have sentyou additional Facsimile Advertisements so that you can submit proof you may have to the Claims Administrator that youwere sent additional Facsimile Advertisements.

III. HOW MANY FACSIMILE ADVERTISEMENT TRANSMISSIONS MAY HAVE BEEN SENT TO YOU?

TOMY used an internal fax application to send the Facsimile Advertisements that did not keep historical logs of the facsimiletelephone numbers to which the faxes were sent. Therefore, Plaintiff retained an expert who analyzed TOMY's telephonerecords and fax lists to determine the facsimile telephone numbers to which TOMY sent the Facsimile Advertisements. Theexpert created a report listing the facsimile telephone numbers to which TOMY sent the ads and the number of transmissionsof the Facsimile Advertisements sent to such numbers ("Expert Report"). The Expert Report indicates that that there werenearly 113,000 transmissions of the Facsimile Advertisements to almost 9,000 different facsimile telephone numbers.

TICNTF1


If you complete and timely submit the Claim Form at the end of this Notice, the Claims Administrator will review the ExpertReport to determine the number of Facsimile Advertisements the Expert Report indicates were sent to your facsimiletelephone number(s). The Claims Administrator will also review the fax lists used by TOMY to see if they indicate whetherTOMY may have attempted to send any additional Facsimile Advertisements. The Claims Administrator will send you anotice informing you of the number of Facsimile Advertisements the Expert Report reflects were sent to your facsimiletelephone number and the approximate dates they were sent. It will also inform you whether TOMY's fax lists reflect thatTOMY may have sent you additional Facsimile Advertisements and the approximate date(s) they may have been sent. Youmay submit evidence to the Claims Administrator that you were sent additional Facsimile Advertisement(s), such as copies ofthe additional Facsimile Advertisements or fax logs from your fax machine showing additional Facsimile Advertisementswere sent from TOMY (or RC2, Ertl or Learning Curve) (the sending fax number on the top line of the FacsimileAdvertisement should be (563) 875-5680). You must submit any proof of additional Facsimile Advertisements to theClaims Administrator within 21 days of the date of the notice. If you do not do so, you will only be awarded paymentbased on the number of Facsimile Advertisements the Expert Report reflects were sent to your facsimile telephonenumber.

If you complete and timely submit the Claim Form at the end of this Notice and your facsimile telephone number is not onthe Expert Report, but is on one or more of TOMY's fax lists used to send the Facsimile Advertisements, the ClaimsAdministrator will send you a notice informing you that TOMY's fax lists reflect that TOMY may have sent you FacsimileAdvertisements and the approximate date(s) they may have been sent. You may submit evidence to the ClaimsAdministrator that you were sent Facsimile Advertisement(s) , such as copies of the Facsimile Advertisements or logs fromyour fax machine showing the Facsimile Advertisements sent from TOMY (or RC2, Ertl or Learning Curve) (the sending faxnumber on the top line of the Facsimile Advertisement should be (563) 875-5680). You must submit any proof you weresent additional Facsimile Advertisements to the Claims Administrator within 21 days of the date of the notice. Youwill only receive payment based on the number of transmissions of the Facsimile Advertisements established by this proof asdetermined by the Claims Administrator. If you do not make a timely submission of requested proof, you will not receiveany 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.

IV. WHAT IS THE PROPOSED SETTLEMENT?

After extensive negotiation, including before an impartial mediator, the parties have reached a proposed Settlement of thislawsuit. 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 ClassCounsel, any incentive award to Plaintiff (in amounts to be determined by the Court), and fees and costs of the ClaimsAdministrator, Class Notice and the issuance of Class Notice and of claims and settlement administration, is the "ClaimsPayment Amount." The Claims Payment Amount will be used to pay each member of the Settlement Class that submits avalid and timely claim up to $750 per each transmission of the Facsimile Advertisements as reflected in the Expert Report oras 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 number of suchtransmissions multiplied by $750 per transmission exceeds the Claims Payment Amount, the per transmission paymentamount will be determined by dividing the Claims Payment Amount by the total number of transmissions of FacsimileAdvertisements sent to Settlement Class members who submitted timely and valid claims as determined by theClaims Administrator.

At the Final Approval Hearing (see below): (1) Plaintiff will move for an order directing payment of an incentive award toPlaintiff from the Settlement Fund in an amount not to exceed $15,000; and (2) Plaintiff and/or Settlement Class Counsel willmove 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 morefor their claim will be asked to complete and submit a Substitute Form W-9 to the Claims Administrator. A Settlement Classmember who fails to submit a timely and valid Substitute Form W-9 will have his, her or its payment subject to withholdingin an amount according to law.

Each Settlement Class member (except a Settlement Class member who has obtained proper and timely exclusion from theSettlement Class; see below) will release Defendants and related persons and entities from any and all claims and causes ofaction, including without limitation under the TCPA, whether currently known or unknown, arising from or relating solely tothe transmission of the Facsimile Advertisements (the "Released Claims").

V. 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 becomepotentially eligible to receive a payment from the Settlement. If you choose this option, please follow the directions on theClaim Form and be sure to submit the Claim Form so it is received no later than December 9, 2014, otherwise your ClaimForm will be irrevocably denied.

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Option # 2 - Exclude Yourself: You may exclude yourself from the Settlement Class. If you choose this option, pleasefollow the directions below and be sure that your request for exclusion is received by the Claims Administrator no later thanDecember 9, 2014. Do not request exclusion if you wish to participate in the Settlement and potentially receivepayment under the Settlement. If you validly request exclusion from the Settlement, you will (a) be excluded from theSettlement Class and not be entitled to any payment; (b) not be bound by any determinations or judgments entered in thelawsuit; and (c) not release the Released Claims and not be precluded from prosecuting an individual claim, if timely, againstDefendants based on the issues raised in the lawsuit, but you will have to pay your own attorneys' fees and expenses in doingso. If you do not request exclusion from the Settlement Class, you will be bound by all determinations or judgments inthe 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 toobject to any aspect of the Settlement, including the relief provided to Class Members and/or the requested attorneys' feesand expenses, and/or the requested incentive award. If you object, you or your attorney must serve objections by followingthe directions below no later than February 2, 2015. Even if you object to the Settlement, you will still be a Class Memberand may still be entitled to 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 Classand be bound by all determinations or judgments in the lawsuit and release the Released Claims, but you will not receiveany payment under the Settlement unless you submit a valid and timely Claim Form.

VI. HOW DO YOU SUBMIT A CLAIM?

If you wish to receive the compensation provided under the Settlement Agreement for having been sent one or moreFacsimile Advertisements, you must complete and submit a Claim Form (THE LAST PAGE OF THIS NOTICE) tothe Claims Administrator no later than December 9, 2014. If you do not timely submit a valid Claim Form, you willnot receive any money under this settlement.

VII. HOW DO YOU EXCLUDE YOURSELF FROM THE SETTLEMENT?

To exclude yourself from the Settlement, you must make a signed written request for exclusion that includes your name andcurrent address, current telephone number and facsimile telephone number(s) during August 14, 2008, to August 30, 2012.Requests for exclusion must be received by the Claims Administrator no later than December 9, 2014. The exclusion requestmust be addressed as follows: Craftwood v. TOMY Claims Administrator, P.O. Box 43307, Providence, RI 02940-3307.

VIII. HOW DO YOU OBJECT TO THE SETTLEMENT?

To be valid and considered by the Court, any objections by you must be submitted in writing, must be filed with the Clerk ofthe Court — DO NOT MAIL OR ATTEMPT TO FILE DOCUMENTS WITH THE JUDGE; THEY MUST BE FILED WITHTHE CLERK OF THE COURT — and served by mail and/or e-mail on Plaintiffs counsel by no later thanFebruary 2, 2015. 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 yourobjection); (b) the full name, address and telephone number of the person objecting; (c) a statement of membership in theSettlement Class including his, her or its facsimile telephone number(s) during the period August 14, 2008, toAugust 30, 2012, the name of the person or business who was the subscriber, i.e., who was the billing party of record with thetelephone company, of such facsimile telephone number(s) during such period, and evidence of the same; (d) a statement ofeach objection verified under penalty of perjury; and (e) a written brief detailing the specific reasons, if any, for eachobjection, including any legal and factual support the objector wishes to bring to the Court's attention and any evidence theobjector 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 Appearmust: (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 whomthe 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 personswho 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/orcounsel for Defendants within ten business days following the filing of the objection, and the objection must include eachdate within that period when the objector will be available and present for deposition. In the event that any Settlement Classmember objects in the manner prescribed herein, Plaintiff and Defendants shall be afforded full opportunity to respond tosuch objections.


ANY SETTLEMENT CLASS MEMBER WHO DOES NOT OBJECT IN THE WAY DESCRIBED ABOVE WILL BEDEEMED TO HAVE WAIVED SUCH OBJECTIONS AND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THEFAIRNESS OR ADEQUACY OF THE SETTLEMENT, ANY AWARD OF ATTORNEYS' FEES/COSTS, OR ANYAWARD 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: Clerk of the U.S. District Court, 411 West FourthStreet, Room 1053, Santa Ana, CA 92701-4516. Copies of all documents filed with the Clerk of the Court must also be sentto Plaintiff's counsel at the following address:

Scott 0. LuskinPayne & Fears LLP

801 South Figueroa Street, Suite 1150Los Angeles, CA 90017

IX. WHO REPRESENTS YOU?

The Court has appointed Scott Z. Zimmermann of the Law Offices of Scott Z. Zimmermann and C. Darryl Cordero of Payne& Fears LLP as Settlement Class Counsel. You are free to retain your own attorney at your expense to represent you shouldyou wish to do so.

X. FINAL APPROVAL HEARING

The Court has scheduled a Final Approval Hearing for February 23, 2015 at 8:30 A.M. in Courtroom 9D or such othercourtroom which may be designated in the United States District Courthouse for the Central District of California at411 West Fourth Street, Santa Ana, CA 92701-4516, for the purpose of deciding whether to grant final approval to theSettlement Agreement and to determine the attorneys' fees and expenses payable to Settlement Class Counsel and anyincentive award to Plaintiff (the "Final Approval Hearing"). You do not need to attend the Final Approval Hearing to receivea payment under the Settlement if you proceed under Option #1 above. The date and time of the Final Approval Hearingmay be continued by the Court without further notice.

XI. CORRECT ADDRESS

Please be sure that your correct address is printed on the Claim Form to make sure that any payment you are due under theSettlement is sent to your correct address. By including an e-mail address in your contact information you agree that theClaims Administrator may communicate with you regarding this Settlement via e-mail. You may update your address withthe Claims Administrator by calling toll free 1-866-279-6217 and leaving your name, current address, and telephone and faxnumbers on the voice mail, or update the address on the Claim Form.

XII. WHERE CAN YOU GET MORE INFORMATION?

This Notice is intended only as a summary of the lawsuit and proposed Settlement. It is not a complete statement of thelawsuit or the proposed Settlement. To obtain additional information regarding this Settlement you may: (1) Call the ClaimsAdministrator at 1-866-279-6217; (2) View the settlement website: www.tomyfaxsettlement.com which includes or willinclude copies in downloadable format of this Notice and Claim Form, copies of the Facsimile Advertisements, theSettlement Agreement, the most recent version of the Complaint, the Motion for Preliminary Approval of the Settlement, theCourt Order granting Preliminary Approval, the Motion for Final Approval of the Settlement, the Motion for Fees and Costsand Motion for Incentive Award. The website may also include 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 at the United States Courthouse, 411 WestFourth Street, Room 1053, Santa Ana, CA 92701-4516 or access the court file via PACER (information about PACER can befound at the court's general website: www.cacd.uscourts.gov ).

DO NOT CONTACT THE COURT, DEFENDANTS OR DEFENDANTS' COUNSEL FOR INFORMATION.

DEFENDANTS AND THEIR COUNSEL, EMPLOYEES AND REPRESENTATIVES ARENOT AUTHORIZED TO PROVIDE ANY INFORMATION ABOUT THE SETTLEMENT.

BY ORDER OF THE U.S. DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIA

[CLAIM FORM ON NEXT PAGE-YOU MUST SUBMIT A CLAIM FORM BY DECEMBER 9, 2014IN ORDER TO BE ELIGIBLE TO RECEIVE A SETTLEMENT PAYMENT]

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EXHIBIT B


Craftwood v. TOMY Claims Administrator

Must be received no laterP.O. Box 43307

than December 9, 2014Providence, RI 02940-3307

Address Changes. (Please do not use RED INK or pencil.)

TIC IIII111 IIAddress 1

III I III I IAddress 2

ICity

IIHI1State Zip Code

«Barcode»

Claim #: TIC-oClaimID» «MailRec»«Firstl» «Lastl»«coo«Addrl » «Addr2»«Address2»((City», «ST» «Zip»«Country»

To be eligible to receive payment under the proposed Settlement Agreement in this lawsuit,YOU MUST COMPLETE AND RETURN THIS CLAIM FORM SO THAT IT IS RECEIVED BY DECEMBER 9, 2014.

If you are asking to be excluded from the Settlement Class, DO NOT submit this Claim Form.

1. Your Fax Number(s) during August 14, 2008, to August 30, 2012 (attach additional page(s) if necessary):

2. Name of person or business who was the subscriber, i.e., who was the billing party on record with thetelephone company, of the above fax number(s) during August 14, 2008, to August 30, 2012:(If a business, insert the business's name; if an individual, insert the individual's name)

II II

3. Provide name of the contact person, e-mail address (if you have one), fax number (if you have one), and phonenumber to allow the Claims Administrator to send you notice(s) regarding your claim. The Claims Administratorwill use your e-mail address (if you have one) as the primary means of communication.

Contact Name:

Contact E-mail:

Contact Fax Number:

Contact Tel Number:

III III

Certification: I certify under penalty of perjury: (a) that the information I provided on this Claim Form is true and correct; and(b) in the case of a business entity named above, that I am an authorized representative of such business entity to provide theinformation in the Claim Form and to make this claim on behalf of such business.

Signature:

Print Name of Signator: III Mail or Fax completed Claim Form to:

Craftwood v. TOMY Claims AdministratorP.O. Box 43307

Providence, RI 02940-3307Fax: 1-866-508-1039

Questions? Call 1-866-279-6217 or visit www.tomyfaxsettlement.com

n 'TIC- I I -«ClaimIDO TICP0C1


EXHIBIT C


UNITED STATES DISTRICT COURT — CENTRAL DISTRICT OFCALIFORNIA

If you were sent facsimile advertisements from TOMY, youcould 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 sentfacsimile advertisements from TOMY International, Inc. (formerly known as RC2Corporation) ("TOMY") which the Plaintiff alleges were sent in violation of the TelephoneConsumer 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 advertisementssent by TOMY during the period August 14, 2008 to August 30, 2012, based on recordsproduced in the case. There are 159 facsimile advertisements that are the subject of theSettlement. They either promoted TOMY's products; John Deere brand-licensed productsthat TOMY sold; or Case-, Case IH-, or New Holland brand-licensed products that TOMYsold.

• The Settlement resolves a lawsuit over whether sending these advertisements violated theTCPA; it avoids costs and risks to you from continuing the lawsuit; pays money to classmembers; 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%) ofthe 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 moneycould 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 youwish to file a claim to potentially receive a payment from the Settlement, you must submit aClaim Form by December 9, 2014.

• The Court in charge of this case will decide whether to give final approval of theSettlement. Payments will be made if the Court approves the settlement and after anyappeals are resolved. Please be patient.

1. Why did I get this Notice?

After extensive negotiation, including before an impartial mediator, the parties have reached theproposed Settlement for this lawsuit, which must be approved by the Court. You are receivingthis Notice because records produced in the lawsuit indicate you may be a member of the

QUESTIONS? Call 1-(866) 279-6217 Toll Free, or Visit tomyfaxsettlement.comTICNTL1


"Settlement Class" entitled to receive payment. The purpose of this Notice is to inform you ofthe terms of Settlement, the benefits available to you under it, how the case and the Settlementmay affect your legal rights, important deadlines relating to the Settlement, and the steps youmust 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. SACCV12-1710 DOC(ANx). The defendants are TOMY International, Inc., John Deere Shared Services, Inc., andCNH Industrial America LLC (formerly known as CNH America LLC). The lawsuit is pendingin 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 betweenAugust 14, 2008, and August 30, 2012 (the "Facsimile Advertisements"). The FacsimileAdvertisements were sent by TOMY or its predecessor RC2 Corporation, through its ERTL andLearning Curve divisions, and promoted TOMY's products; or John Deere brand-licensedproducts that TOMY sold; or Case brand-, Case IH brand- or New Holland brand-licensedproducts that TOMY sold. Copies of all 159 Facsimile Advertisements are available for viewingon the settlement website at www.tomyfaxsettlement.com . The TCPA provides for actualdamages or statutory damages of $500 per facsimile transmission that violates it provisions. TheTCPA 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 Plaintiffs claims, Defendantscontend that the Court should not certify the case as a class action. If the Settlement is notapproved, Defendants will continue to fight the case and the only way that you and classmembers will recover anything is if Plaintiff ultimately wins the case, or if the parties later reachanother settlement that is approved by the Court.

5. Who are potential class members? How many Facsimile Advertisementtransmissions did I receive?

The "Settlement Class" consists of all persons and entities to whose facsimile telephonenumber(s) TOMY sent, between August 14, 2008 to August 30, 2012, one or more of theFacsimile Advertisements. In order to receive any payment under the Settlement, one or moreFacsimile Advertisements must have been sent to your facsimile telephone number. Only theindividual or entity who or that is the subscriber to the facsimile telephone with which the faxmachine is associated is eligible to receive a payment, regardless of the number of individuals orbusiness who used the same facsimile telephone number.

TOMY used an internal fax application to send the Facsimile Advertisements that did not keephistorical logs of the facsimile telephone numbers to which the faxes were sent. Therefore,

z-

QUESTIONS? Call 1-(866) 279-6217 Toll Free, or Visit tomyfaxsettlement.com


Plaintiff retained an expert who analyzed TOMY's telephone records and fax lists to determinethe facsimile telephone numbers to which TOMY sent the Facsimile Advertisements. The expertcreated a report listing the facsimile telephone numbers to which TOMY sent the ads and thenumber of transmissions of the Facsimile Advertisements sent to such numbers ("ExpertReport"). The Expert Report indicates that that there were nearly 113,000 transmissions of theFacsimile 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 ClaimsAdministrator will review the Expert Report to determine the number of FacsimileAdvertisements 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 indicatewhether TOMY may have attempted to send any additional Facsimile Advertisements. TheClaims Administrator will send you a notice informing you of the number of FacsimileAdvertisements the Expert Report reflects were sent to your facsimile telephone number and theapproximate dates they were sent. It will also inform you whether TOMY's fax lists reflect thatTOMY may have sent you additional Facsimile Advertisements and the approximate date(s) theymay have been sent. You may submit evidence to the Claims Administrator that you were sentadditional Facsimile Advertisement(s), such as copies of the additional FacsimileAdvertisements or fax logs from your fax machine showing additional Facsimile Advertisementswere sent from TOMY (or RC2, Ertl or Learning Curve)(the sending fax number on the top lineof the Facsimile Advertisement should be (563) 875-5680). You must submit any proof ofadditional Facsimile Advertisements to the Claims Administrator within 21 days of the date ofthe notice. If you do not do so, you will only be awarded payment based on the number ofFacsimile Advertisements the Expert Report reflects were sent to your facsimile telephonenumber.

If you complete and timely submit the Claim Form at the end of this Notice and your facsimiletelephone number is not on the Expert Report, but is on one or more of TOMY's fax lists used tosend the Facsimile Advertisements, the Claims Administrator will send you a notice informingyou whether TOMY's fax lists reflect that TOMY may have sent you Facsimile Advertisementsand the approximate date(s) they may have been sent. You may submit evidence that you weresent Facsimile Advertisement(s) to the Claims Administrator, such as copies of the FacsimileAdvertisements or logs from your fax machine showing the Facsimile Advertisements sent fromTOMY (or RC2, Ertl or Learning Curve) (the sending fax number on the top line of theFacsimile Advertisement should be (563) 875-5680). You must submit any proof you were sentadditional Facsimile Advertisements to the Claims Administrator within 21 days of the date ofthe notice. You will only receive payment based on the number of transmissions of the FaxedAdvertisements established by this proof as determined by the Claims Administrator. If you donot make a timely submission of requested proof, you will not receive any payment fromthe Settlement Agreement other than for the transmission(s) indicated on the ExpertReport (if any), even if you timely file a Claim Form.

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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"), afterdeduction of attorneys' fees/costs to the Settlement Class Counsel, any incentive award toPlaintiff (in amounts to be determined by the Court), and fees and costs of the ClaimsAdministrator, Class Notice and the issuance of Class Notice and of claims and settlementadministration, is the "Claims Payment Amount." The Claims Payment Amount will be used topay each member of the Settlement Class that submits a valid and timely claim up to $750 pereach transmission of the Facsimile Advertisements as reflected in the Expert Report or asdetermined 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 eventthat the number of such transmissions multiplied by $750 per transmission would exceed theClaims Payment Amount, the per transmission payment amount will be determined by dividingthe Claims Payment Amount by the total number of transmissions of Facsimile Advertisementsrepresented 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 directingpayment 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 directingpayment of attorneys' fees from the Settlement Fund in an amount not to exceed one-third (33.3percent) 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 toreceive payment of $600 or more for their claim will be asked to complete and submit aSubstitute Form W-9 to the Claims Administrator. A Settlement Class member who fails tosubmit a timely and valid Substitute Form W-9 will have his, her or its payment subject towithholding in an amount according to law.

Each Settlement Class member (except a Settlement Class member who has obtained proper andtimely exclusion from the Settlement Class; see below) will release Defendants and relatedpersons and entities from any and all claims and causes of action, including without limitationunder the TCPA, whether currently known or unknown, arising from or relating solely to thetransmission of the Facsimile Advertisements (the "Released Claims").

Any Settlement Class member who does not negotiate a settlement check within 115 days of thedate of the check (as printed on the check), forever waives and releases its claim for payment ofthe amount represented by the settlement check and directs that the amount represented by thesettlement check be made to one or more recipients ordered by the Court.

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What are my Options?

Option # 1 - File a Claim Form: You must submit a Claim Form found at the end ofthis Notice in order to become potentially eligible to receive a payment from theSettlement. If you choose this option, please follow the directions on the Claim Formand 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 requestfor exclusion is received nolater than December 9, 2014. Do not request exclusion ifyou wish to participate in the Settlement and potentially receive payment under theSettlement. If you validly request exclusion from the Settlement, you will (a) beexcluded from the Settlement Class and not be entitled to any payment; (b) not be boundby any determinations or judgments entered in the lawsuit; and (c) not release theReleased 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 payyour own attorneys' fees and expenses in doing so. If you do not request exclusionfrom the Settlement Class, you will be bound by all determinations or judgments in thelawsuit and will release the Released Claims.

Option # 3 - Object to the Settlement: If you do not exclude yourself from theSettlement Class, you have the right to object to any aspect of the Settlement, includingthe 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 serveobjections by following the directions below no later than February 2, 2015. Even ifyou object to the Settlement, you will still be a Class Member and may still be entitled apayment 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 remaina member of the Settlement Class and be bound by all determinations or judgments in thelawsuit and release the Released Claims, but you will not receive any payment underthe 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 exclusionthat includes your name and current address, current telephone number and facsimile telephonenumber(s) during August 14, 2008, to August 30, 2012. Requests for exclusion must be receivedby the Claims Administrator no later than December 9, 2014. The exclusion request must beaddressed as follows: Craftwood v. TOMY Claims Administrator, P.O. Box 43307, Providence,RI 02940-3307.

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The Final Approval Hearing and Objection Procedures

On September 8, 2014, the Court entered an order preliminarily approving the settlement andcertifying, for settlement purposes only, the Settlement Class. The Court will hold a hearing onFebruary 23, 2015, at 8:30 A.M. in Courtroom 9D of the United States District Court located at411 West Fourth Street, Santa Ana, CA 92701-4516, to determine whether the Settlement shouldbe given final approval and to determine the attorneys' fees and expenses payable to SettlementClass Counsel and any incentive award to Plaintiff (the "Final Approval Hearing"). You do notneed to attend the Final Approval Hearing to receive a payment under the Settlement if youproceed 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 andserving 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 FILEDOCUMENTS WITH THE JUDGE; THEY MUST BE FILED WITH THE CLERK OF THECOURT — and served by mail and/or email on Plaintiffs counsel by no later thatFebruary 2, 2015. Your objection must include the following:

(a) a Notice of Intention to Appear described herein (if you or someone else representing youintend to appear to present your objection); (b) the full name, address and telephone number ofthe person objecting; (c) a statement of membership in the Settlement Class including his, her orits facsimile telephone number(s) during the period August 14, 2008, to August 30, 2012, thename of the person or business who was the subscriber, i.e., who was the billing party of recordwith the telephone company, of such facsimile telephone number(s) during such period, andevidence 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 andfactual support the objector wishes to bring to the Court's attention and any evidence theobjector wishes to introduce in support of the objection(s).

If you or someone else representing you intends to appear at the Final Approval Hearing, theNotice of Intention to Appear must: (a) state how much time the objector and/or his, her or itsattorney anticipates needing to present the objection(s); (b) identify by name, address, telephonenumber, and provide a detailed summary of testimony, of all witnesses from whom the objectorand/or his, her or its attorney intend to present any testimony; and (c) identify all exhibits theobjector and/or his, her or its attorney intends to offer in support of the objection(s) and attachcomplete copies of all such exhibits. Only persons who file and serve a Notice of Intention toAppear, or his, her or its attorney identified in the Notice of Intention to Appear, may make anappearance or speak at the Final Approval Hearing.

Any objector must be available for deposition within Orange County, California, by SettlementClass Counsel and/or counsel for Defendants within ten business days following the filing of theobjection, and the objection must include each date within that period when the objector will beavailable and present for deposition. In the event that any Settlement Class member objects in the

6



manner prescribed herein, Plaintiff and Defendants shall be afforded full opportunity to respondto such objections.

ANY SETTLEMENT CLASS MEMBER WHO DOES NOT OBJECT IN THE WAYDESCRIBED ABOVE WILL BE DEEMED TO HAVE WAIVED SUCH OBJECTIONSAND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THE FAIRNESS ORADEQUACY 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 papersrequired to be submitted, shall be timely filed with the Clerk of the Court at the followingaddress: 411 West Fourth Street, Room 1053, Santa Ana, CA 92701-4516. Copies of alldocuments filed with the Clerk of the Court must also be sent to Plaintiffs counsel at thefollowing address:

Scott 0. LuskinPayne & Fears LLP801 South Figueroa Street, Suite 1150Los Angeles, CA 90017

Correct Address

Please be sure that your correct address is clearly printed on the Claim Form to make sure thatany payment you are due under the Settlement is sent to your correct address. You may updateyour address with the Claims Administrator by calling toll free 1 (866) 279-6217 and leavingyour 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 completedescription of the lawsuit or the Settlement. To obtain additional information, you may do oneor more of the following things:

(1) You may call the Claims Administrator at 1 (866) 279-6217;

(2) You may view the settlement website: www.tomyfaxsettlement.com . This websiteincludes or will include copies in downloadable .pdf format of this Notice, the SettlementAgreement, the most recent version of the Complaint, the Facsimile Advertisements, theMotion for Preliminary Approval of the Settlement, the Court Order granting PreliminaryApproval, the Motion for Final Approval of the Settlement, the Motion for Fees and Costsand Motion for Incentive Award. The website also includes other important informationrelating to the Settlement; or

(3) You may inspect the complete court file at the office of the Clerk of the Court oraccess the court file via PACER (information about PACER can be found that the court'sgeneral website: www.cacd.uscourts.gov .)


7


DO NOT CONTACT THE COURT, DEFENDANTS OR DEFENDANTS' COUNSELFOR INFORMATION. DEFENDANTS AND THEIR COUNSEL, EMPLOYEES ANDREPRESENTATIVES ARE NOT AUTHORIZED TO PROVIDE ANY INFORMATIONABOUT THE SETTLEMENT.

BY ORDER OF THE UNITED STATESDISTRICT COURT FOR THE CENTRALDISTRICT OF CALIFORNIA

[CLAIM FORM ON NEXT PAGE-YOU MUST SUBMIT A CLAIM FORM BYDECEMBER 9, 2014 IN ORDER TO BE ELIGIBLE TO RECEIVE A SETTLEMENTPAYMENT]

8



EXHIBIT D


or ENTER FAQ PAGE CONTENT BELOW

1. What is this lawsuit about?

2. Who is a Settlement Class member potentially entitled to a payment?

3. What is the proposed Settlement?

4. How many facsimile advertisement transmissions may have been sent to me?

5. What are my options?

6. How do I submit a Claim Form?

7. How do I exclude myself from the Settlement?

8. How do I obiect to the Settlement?

9. What do I do if a get a notice that my Claim Form is deficient or defective?

10. When is the Final Approval Hearing?

11. How can I correct my address?

12. Where can I get more information?

1. What is this lawsuit about?

Plaintiff Craftwood II, Inc. ("Plaintiff") sued defendants TOMY International, Inc. ("TOMY"), John Deere Shared Services,

Inc. and CNH Industrial America LLC (f/k/a CNH America LLC) ("Defendants) alleging that they violated the Telephone

Consumer Protection Act ("TCPA") through the sending of 159 facsimile advertisements between August 14, 2008, and

August 30, 2012. These facsimiles promoted TOMY's products; or John Deere brand-licensed products that TOMY sold;

or Case-, Case IH- or New Holland-brand licensed products that TOMY sold (the "Facsimile Advertisements"). Copies of

the 159 Facsimile Advertisements are available for viewing on this website in the "Court Documents" section.

Among other things, the TCPA prohibits sending unsolicited facsimile advertisements with certain exceptions. The TCPA

provides that a person who is sent an advertisement in violation of the TCPA may bring an action against the sender and

recover either its actual damages or statutory damages of $500 per facsimile transmission. Further, the TCPA provides

that the Court may in its discretion increase the statutory damages up to a maximum of $1,500 per fax if the plaintiff

proves the defendant willfully violated the TCPA.

Defendants deny they have violated the TCPA, but have agreed to settle this action to avoid the costs and uncertainties

of litigation. Defendants will vigorously defend the lawsuit if the proposed Settlement is not approved.

Court-approved lawyers for the class ("Class Counsel") have prosecuted the case on a completely contingent basis and

have not been paid anything to date for their services or litigation-related costs.

2. Who is a Settlement Class member potentially entitled to a payment?

The Court has preliminarily certified the Settlement Class which has been defined as:

All persons and entities to whose facsimile telephone number(s) TOMY sent, during the period August 14, 2008 to

August 30, 2012, one or more Facsimile Advertisements that promoted its goods, Deere brand-licensed products sold by

TOMY, or Case brand-, Case IH brand- or New Holland brand-licensed products sold by TOMY.


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.

3. What is the proposed Settlement?

After extensive negotiation, including before an impartial mediator, Plaintiff and Defendants have reached a proposed

Settlement of this lawsuit. 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 and any incentive award to Plaintiff (in amounts to be determined by the

Court at the Final Approval Hearing), 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 (as discussed in greater detail in FAQ4).

The amount to be paid per transmission will not exceed $750 and may be lower. In the event that number of such

transmissions multiplied by $750 per transmission exceeds 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 sent to Settlement Class members who submitted timely and valid claims as determined by the Claims

Administrator.

At the Final Approval Hearing: (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 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) 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").

4. How many facsimile advertisement transmissions may have been sent to me?

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, 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 a Claim Form, 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) 875-5680). 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 a Claim Form 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 that 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 to the Claims Administrator that you were sent

Facsimile Advertisement(s) , 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) 875-5680). 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 Facsimile 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.

S. What are my options?

Option # 1- File a Claim Form: You must submit a Claim Form 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 by the Claims Administrator no later

than December 9, 2014. 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, 2015. Even if you object to the Settlement, you will still be a

Class Member and may still be entitled to 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.

6. How do I submit a Claim Form?

If you wish to receive the compensation provided under the Settlement for having been sent one or more Facsimile

Advertisements, you must complete and submit a Claim Form to the Claims Administrator so it is RECEIVED no later than

December 9, 2014. If you do not timely submit a valid Claim Form, you will not receive any money under the Settlement.

If you haven't received a Claim Form or lost or misplaced the one sent to you, you may (1) download the Claim Form

contained on this website, (2) request a Claim Form by calling the Claims Administrator toll free at (866) 279-6217, or (3)

request a Claim Form in writing addressed to the Craftwood v. TOMY Claims Administrator, P.O. Box 43307, Providence

RI 02940-3307

7. How do I exclude myself 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, 2012. Requests for exclusion must be received by the Claims Administrator no later than December 9, 2014. The

exclusion request must be addressed as follows: Craftwood v. TOMY Claims Administrator, P.O. Box 43307, Providence,

RI 02940-3307.

8. How do I object to the Settlement?

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 e-mail on Plaintiffs counsel by no later than February 2, 2015. 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 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: Clerk of the U.S. District Court, 411 West Fourth

Street, Room 1053, Santa Ana, CA 92701-4516. Copies of all documents filed with the Clerk of the Court must also be

sent to Plaintiff's counsel at the following address:

Scott 0. Luskin

Payne & Fears LLP

801 South Figueroa Street, Suite 1150

Los Angeles, CA 90017

9. What do I do if a get a notice that my Claim Form is deficient or defective?

The Claims Administrator will review and assess a Claim Form you submit. If the Claim Form is deficient or defective, the

Claims Administrator will send you a notice denying your Claim. But you will have 15 days after the transmission of the

denial notice to cure the denial and/or challenge the denial on any basis, except that the failure to timely submit a Claim

Form cannot be cured. If you fail to respond within such time period the Claim Form will be disallowed and not paid. The

Claim Administrator's determinations concerning your Claim Form are final and binding on you and may not be appealed

by you.

10. When is the Final Approval Hearing?

The Court has scheduled a Final Approval Hearing for February 23, 2015 at 8:30 A.M. in Courtroom 9D in the United

States District Courthouse for the Central District of California at 411 West Fourth Street, Santa Ana, CA 92701-4516, for

the purpose of deciding whether to grant final approval to the Settlement Agreement and to determine the attorneys'

fees and expenses payable to Class Counsel and any incentive award to Plaintiff.. You do not need to attend the Final

Approval Hearing to receive a payment under the Settlement if you proceed under Option #1 above (FAQ5). The date

and time of the Final Approval Hearing may be continued by the Court without further notice.


Payments will be made if the Court approves the settlement and after any appeals are resolved. Please be patient.

11. How can I correct my address?

Please be sure that your correct address is stated on the Claim Form to make sure that any payment you are due under

the Settlement is sent to your correct address. By including an e-mail address in your contact information you agree that

the Claims Administrator may communicate with you regarding this Settlement via e-mail. You may also update your

address with the Claims Administrator by calling toll free (866) 279-6217 and leaving your name, current address, and

telephone and fax numbers on the voice mail.

12. Where can I get more information?

These FAQs are intended only as a summary of the lawsuit and proposed Settlement. It is not a complete statement of

the lawsuit or the proposed Settlement. If there is any conflict between the FAQs and the Settlement Agreement, the

Settlement Agreement governs. To obtain additional information regarding this Settlement you may: (1) Call the Claims

Administrator at (866) 279-6217; or (2) inspect the complete court file at the office of the Clerk of the Court at the

United States Courthouse, 411 West Fourth Street, Room 1053, Santa Ana, CA 92701-4516, or access the court file via

PACER (information about PACER can be found at the court's general website: www.cacd.uscourts.gov).

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.


EXHIBIT E


Craftwood v. TOMY Claims AdministratorP.O. Box 43307Providence, RI 02940-3307

TIC-ADD-M

«Barcode»Claim TIC-ADD-M-«ClaimID»-«Record1D» «Mail Rec»«Firstl» «Lastl»«Company»«CO»«Addrl» «Addr2»«City», «St» «Zip»«Country»

«MailDate»

Dear «Firstl» «Lastl»:

We received the Claim Form you submitted in connection with the Craftwood v. Tomy class action settlement.Based on the report prepared by the expert retained by Plaintiff ("Expert Report"), Facsimile Advertisement(s)that are the subject of the settlement were sent to the facsimile telephone number(s) listed on your Claim Form,on the following dates: «BiggerStaffDates».

Fax lists maintained by TOMY indicate that the facsimile telephone number(s) listed on your Claim Form mayhave received additional fax(es) covered under this settlement that are not listed above ("Additional Fax(es)"),on the following dates: «MasterDatesNotINBiggerStaff».

If you wish to be credited with any Additional Fax(es) for purposes of calculating your potential paymentfrom the settlement, you must submit proof of Additional Faxes, such as copies of the Additional Fax(es) orfax logs from your fax machine showing Additional Fax(es) were sent from TOMY (or RC2, Ertl or LearningCurve) (the sending fax number on the top line of the Additional Fax(es) should be (563) 875-5680). You mustsubmit any proof of Additional Fax(es) to the Claims Administrator within 21 days of the date of thisnotice. If you do not do so, your potential payment from the settlement will only be based on the numberof Facsimile Advertisement(s) the Expert Report reflects were sent to the facsimile telephone number(s)listed on your Claim Form.

If you don't have any proof of Additional Fax(es), or don't wish to submit the same, you don't need to respond tothis notice. But if you wish to submit proof of Additional Fax(es), please include this letter (or a copy of this letter)with your proof of Additional Fax(es) so your submission can be properly tracked. Your submission can be mailedto: Craftwood v. TOMY Claims Administrator, P.O. Box 43307, Providence, RI 02940-3307, or faxed to1-866-508-1039.

Should you have any questions, you may call us at 1-866-279-6217.

Sincerely,

Craftwood v. TOMY Claims Administrator

T ICADD04
