FAQs

Settlement Class Members are eligible to receive a cash payment and financial account monitoring services from the proposed Settlement in the Action. The Court overseeing the Action authorized the Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.

The Action is a proposed class action lawsuit brought on behalf of the Settlement Class. The Settlement Class includes “All individuals within the United States of America whose PHI/PII was exposed to unauthorized third parties as a result of Defendants’ data breach that occurred between January 24, 2023, and January 31, 2023, and between February 3, 2023, and February 9, 2023.”

The PII/PHI alleged to have been exposed in the Data Security Incident includes names, dates of birth, demographic information, diagnosis information, health insurance subscriber number, medical billing/claims information, medical record number, other health insurance information, patient account number, and/or treatment information.

The Action claims Defendants are legally responsible for the Data Security Incident and asserts various legal claims including (1) Negligence; (2) Negligence Per Se; (3) Breach of Confidence; (4) Breach of Implied Contract; (5) Breach of the Implied Covenant of Good Faith and Fair Dealing; (6) Breach of Fiduciary Duty; and (7) Unjust Enrichment. Plaintiffs also alleged state-specific causes of action for violations of: (i) Georgia Deceptive Trade Practices and Protection Law (“Georgia UDTPA”), Ga. Code Ann. §§10-1-370, et seq.; and (ii) the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 Pa. Stat. §§ 201-1 to 201-9.2.

Defendants deny all claims of wrongdoing or liability that Plaintiffs', Settlement Class Members, or anyone else have asserted in this Action or may assert in the future based on the conduct alleged in the complaint.

In a class action, one or more Plaintiffs' bring a lawsuit on behalf of others who have similar claims. Together, they are the “Class”, and each individual is a “Settlement Class Member.” There are eleven Plaintiffs' in this case: Jeremy Hufstetler, Adam Runk, Connie Hatfield, Yashvantsinh Jhala, Dale Stark, Lisa Kenny, A’Tavion Morrissette, Gene Sawyer, Robert Moffa, Leah Harner, and Judy Young. The Class in this case is referred to as the “Settlement Class.”

Plaintiffs' and Class Counsel have conducted an investigation into the facts and the law regarding the Action. The Plaintiffs' and Class Counsel believe that the Settlement is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiffs and the Settlement Class. The Court has not decided whether Plaintiffs’ claims or Defendants’ defenses have any merit, and it will not do so if the proposed Settlement is approved. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. The Settlement does not mean that Defendants did anything wrong, or that the Plaintiffs' and the Settlement Class would or would not win the case if it were to go to trial.

The Settlement Class is defined is defined by the Court as “All individuals within the United States of America whose PHI/PII was exposed to unauthorized third parties as a result of Defendants’ data breach that occurred between January 24, 2023, and January 31, 2023, and between February 3, 2023, and February 9, 2023.”

Excluded from the Settlement Class are the Court, the officers and directors of Defendants, persons who have been separately represented by an attorney and entered into a separate settlement agreement in connection with the Data Security Incident, and persons who timely and validly request exclusion from the Settlement Class.

The proposed Settlement would create a non-reversionary common fund amount of $4,304,898.50 that would be used to pay all costs of the Settlement, including: (i) payments to Settlement Class Members who submit valid claims, (ii) costs of administration and notice, (iii) any attorneys’ fees and costs awarded by the Court to Class Counsel (not to exceed one third of the total Settlement Fund, or $1,434,966.17 in attorneys’ fees, and litigation expenses up to $50,000), and (iv) any Service Awards to the Plaintiffs awarded by the Court (not exceed an amount of $2,500 to each Class Representative). The Settlement also releases all claims or potential claims of Settlement Class Members against Defendants arising from or related to the Data Security Incident, as detailed in the Class Settlement Agreement and Release.

Any Settlement Class Member who does not file a timely request for exclusion in accordance with this paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. The claims that Settlement Class Members are releasing are described in the Class Settlement Agreement and Release.

Settlement Class Members who submit valid claims and any required documentation may receive one or more of the following: (i) three (3) years of Financial Account Monitoring Services, (ii) Compensation for Unreimbursed Documented Monetary Losses up to $5,000, and (iii) a Pro Rata Cash Payment: a pro rata share of the Net Settlement Fund, less all valid claims for Unreimbursed Losses and Financial Account Monitoring, estimated to be not less than $50.

Depending on how many valid claims are submitted, the amounts of the Pro Rata Cash Payment will be adjusted upward or downward proportionally among Settlement Class Members submitting valid claims for those awards, as explained further in Question 11 of the Notice. 

The Settlement Administrator, from the Settlement Fund, will provide compensation up to a total of $5,000 per person. Participating Settlement Class Members must submit a Claim and supporting documentation. Unreimbursed Documented Monetary Losses include unreimbursed ordinary and/or extraordinary monetary losses incurred as a result of the Data Security Incident, including, without limitation, unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on/or after the Data Security Incident through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

Participating Settlement Class Members with ordinary and/or extraordinary economic losses must submit documentation supporting their claims. This can include receipts or other documentation not “self-prepared” by the claimant that document the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

Every Settlement Class Member is eligible to receive a Pro Rata Cash Payment share of the Net Settlement Fund, less all valid claims for Unreimbursed Losses and Credit Monitoring. To receive this benefit, Participating Settlement Class Members must submit a valid claim form, but no documentation is required to make a claim.

The amount of the Cash Payments will be increased or decreased on a pro rata basis, depending upon the number of valid claims filed and the amount of funds available for these payments. Class Counsel predicts the value of pro rata payments will exceed $50 per valid claimant. The Pro Rata Cash Payment is subject to upward or downward adjustment as described in FAQ 11.

Eligibility for any award and the validity of your claim, including the Pro Rata Cash Payment, will be determined by the Settlement Administrator as outlined in FAQ 15.

The amounts paid for all Pro Rata Cash Payments will be adjusted upward or downward from the amounts listed in FAQ 10 depending on how many Settlement Class Members submit valid claims.

If the total dollar value of all valid claims is less than the amount of money available in the Settlement Fund for payment of those claims, the amounts for Pro Rata Cash Payments will be adjusted upward proportionally among all valid claims for those awards, until the amounts remaining in the Settlement Fund are exhausted (or as nearly as possible).

If the total dollar value of all valid claims is more than the amount of money available in the Settlement Fund for payment of those claims, the amount of the payments for Pro Rata Cash Payments will be adjusted downward proportionally among all Settlement Class Members who submitted valid claims for Pro Rata Cash Payments.
Class Members may receive compensation for both Unreimbursed Economic Losses and Pro Rata Cash Payments, subject to a combined monetary benefits cap of $5,000 per Class Member.

The funds remaining in the Settlement Fund after completion of these disbursements and after the time for cashing and/or depositing checks has expired will be Remainder Funds. The Remainder Funds will be sent to a not-for-profit charitable organization, which must be jointly proposed by the parties and approved by the Court, as a Cy Pres distribution.

If you are a Settlement Class Member, and want to remain in the Settlement and receive benefits from the Settlement, including a cash payment, you must submit a valid Claim Form.

If you want to give up your right to sue Defendants about the Data Security Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See FAQ 16 for instructions on how to exclude yourself.

If you wish to object to the Settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. See FAQ 19 for instructions on how to submit an objection.

If you do nothing, you will get no award from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes Final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants related to the claims released by the Settlement.

The Settlement Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Settlement Administrator may require additional information from any claimant. Failure to provide all required information timely will invalidate a claim and it will not be paid.

To opt out of the Settlement, you must submit a request for exclusion that must include:

• The name of the Settlement, full name, current address, telephone number, signature, and email address (if you have one).

• A brief statement that you want to be excluded from the Settlement Class in Jeremy Hufstetler et al. v. Upstream Rehabilitation Inc., et al., Case No. 01-CV-2024-902563.00 and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, or some other clear manifestation of the intent to opt-out of the Settlement in the written communication.

• Each request for exclusion must request exclusion only for the individual whose personal signature appears on the request. You cannot opt out by email or telephone. You must mail your request to this address:

Upstream Data Settlement Administrator
Attn: Exclusions
P.O. Box 173001
Milwaukee, WI 53217

Your request to opt-out must be submitted online or postmarked by December 31, 2024.

If you do not follow these procedures by the above-stated Opt-Out Deadline, you will remain in the Settlement Class and will be bound by the Court’s orders in this case and by the Settlement Agreement if it receives Final Approval from the Court, even if you do not submit a Claim Form.

No. If you exclude yourself, you will not be entitled to any award under the Settlement. However, you will also not be bound by any judgment in this Action.

No. Unless you exclude yourself, you give up any right to sue Defendants for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a claim form requesting a payment.

All Settlement Class Members who do not opt-out from the Settlement Class have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Payments will be sent out and the Action will continue. If that is what you want to happen, you must object.

Any objection to the proposed Settlement must be in writing and your objection and any supporting papers must be mailed to this address:

Upstream Data Settlement Administrator
c/o A.B. Data, Ltd.
P.O. Box 173117
Milwaukee, WI 53217

Your objection must be filed or postmarked no later than December 31, 2024.

To be considered by the Court, your written objection must include: (i) the name of the proceedings; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; and (vii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for February 24, 2025, at 9:00 a.m. at the Circuit Court of Jefferson County Alabama, Tenth Judicial Circuit, 716 Richard Arrington Jr Blvd N, Birmingham, AL 35203. At the Final Approval Hearing, the Court will consider whether the Settlement Agreement is fair, reasonable, and adequate, was entered into in good faith and without collusion, and approves and directs consummation of this Settlement Agreement. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Class Counsel’s request for attorneys’ fees and costs and expenses, and the request for a service award for the Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.

It is possible the Court could reschedule the hearing to a different date or time without notice, it is a good idea before the hearing to check the website to confirm the schedule if you wish to attend.

No. You do not need to attend the hearing unless you object to the settlement and wish to appear in person. It is not necessary to appear in person in order to make an objection; the Court will consider any written objections properly submitted according to the instructions in FAQ 9. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.

If the Court approves the Settlement and there is no appeal, the Settlement Fund will be fully funded. The Settlement Administrator will pay any Fee Award and Expenses and any Plaintiffs’ Service Awards from the Settlement Fund. The Settlement Administrator will then send Settlement Payments and information regarding Credit Monitoring Services to Settlement Class Members who submitted timely and valid Claim Forms. If there is an appeal, it is possible the Settlement would not be approved on appeal.

If the Court does not approve the Settlement, there will be no Settlement Payments to Settlement Class Members, Class Counsel or the Plaintiffs, and the case will proceed as if no Settlement had been attempted.

The Court has appointed the following Class Counsel to represent the Settlement Class in this Action:

Settlement Class Members will not be charged for the services of Class Counsel. Class Counsel will be paid out of the Settlement Fund, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.

Class Counsel will file a Fee and Expense Application for an award of attorneys’ fees to be paid from the Settlement Fund not to exceed one-third (1/3) of the value of the Settlement, or $1,434,966.17, and litigation expenses up to $50,000.00. Class Counsel will file a Fee Application that will include a request for Service Award payments for the Settlement Class Representatives in recognition for their contributions to this Action not to exceed $2,500.00 per Plaintiff ($25,000.00 total).

 Defendants are represented by the following counsel:

For more information you can contact the Settlement Administrator by email at Info@UpstreamDataSettlement.com, or at the toll-free number, 1-866-217-4459, or write to the Upstream Settlement Administrator, P.O. Box 173117, Milwaukee, WI, 53217.

Please do not contact the Court or Defendants’ Counsel.