1. What is the Notice?
2. Why did I get a notice?
3. What is the Litigation about?
4. Why is this a class action?
5. Why is there a settlement?
6. How do I know if I am a part of the Settlement?
7. What can I get from the Settlement?
8. When will I receive these benefits?
9. I want to be a part of the Settlement. What do I do?
10. What payments are available for Settlement Class Members seeking Monetary Recovery?
11. If I’m eligible for expense of loss reimbursement, when will I be paid?
12. What am I giving up if I remain in the Settlement?
13. How much will the Class Representative receive?
14. How do I get out of the Settlement?
15. If I exclude myself, do I still receive benefits from this Settlement?
16. Do I have a lawyer in this case?
17. How will the lawyers be paid?
18. How do I tell the Court that I do not like the Settlement?
19. Where and when is the Final Approval Hearing?
20. How can I get more information?
This is a court-authorized notice of a proposed settlement (the “Settlement”) in a class action lawsuit, Rice, et al., v. Carespring Health Care Management, LLC, Case No. 2024 CVH 01199 pending in the Court of Common Pleas of Clermont County, Ohio (the “Court”). The Settlement would resolve the Litigation brought on behalf of all individuals to whom Carespring sent written notice that their Private Information was potentially impacted in the Data Incident involving Carespring that occurred in October 2023 (the “Data Incident”). The Court has granted preliminary approval of the Settlement Agreement and has conditionally certified the Settlement Class for purposes of settlement only. The Notice explains the nature of the class action lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of members of the Settlement Class. Please read the instructions and explanations below so that you can better understand your legal rights.
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You received a notice because you were identified by Carespring as a person whose information may have been accessed without authorization by an unknown individual in or around October 2023.
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Plaintiffs allege that a targeted cyberattack and data incident occurred on Carespring’s network in October 2023, resulting in the unauthorized access of protected health information (“PHI”) and personally identifiable information (“PII”) within Carespring’s network. Plaintiffs allege that Carespring failed to adequately protect the information of the potentially affected individuals, and asserts various claims, including negligence, negligence per se, breach of implied contract, and unjust enrichment. Carespring contests these claims and denies any wrongdoing.
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A class action is a lawsuit in which individuals called “Class Representatives” bring a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” When a Class Action is settled, the settlement, which must be approved by the court, resolves the issues for all Settlement Class Members, except for those who validly exclude themselves from the Settlement.
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To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties reached a settlement that resolves all claims by Settlement Class Members related to the Data Incident. If approved by the Court, the Settlement Agreement requires Carespring to provide, at no cost to Settlement Class Members, credit monitoring services, and compensation to Class Members who submit Valid Claims. The Settlement Agreement is not an admission of wrongdoing by Carespring and does not imply that there has been, or would be, any finding that Carespring violated the law.
The Court already has preliminarily approved the Settlement Agreement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement Agreement before it can be effective.
The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given the Notice and the opportunity to exclude themselves from the Settlement Class, and to voice their support or opposition to final approval of the Settlement Agreement.
If the Court does not give final approval to the Settlement Agreement, or if it is terminated by the Parties, the Settlement Agreement will be void, and the Litigation will proceed as if there had been no Settlement and no certification of the Settlement Class.
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You are a member of the Settlement Class if you were sent written notice by Carespring that your Private Information was potentially impacted in the Data Incident involving Carespring that occurred in October 2023.
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All Settlement Class Members are eligible to claim two years of free credit monitoring with $1,000,000.00 in identity fraud insurance. In addition, Class Members can also receive monetary relief including: (1) reimbursement for documented out-of-pocket losses up to $4,500.00 per claimant; or (2) an alternative cash payment in the amount of $50.00.
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If you submit a Valid Claim for credit monitoring, you will receive this benefit after the Court enters a Final Approval Order. If you submit a Valid Claim for monetary recovery, you will receive payment in the amount approved by the Settlement Administrator after your Valid Claim is processed and approved, after the Court enters a Final Approval Order, and after the time for any appeal has expired.
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For Credit Monitoring: You may claim credit monitoring by submitting a Claim Form. Each Settlement Class Member who submits a Settlement Claim that is approved shall receive two years of free credit monitoring that includes $1,000,000.00 of identity fraud insurance per Settlement Class Member. Credit Monitoring may be claimed in addition to claims for Monetary Recovery.
For Settlement Claims for Monetary Recovery: You may claim either Documented Out-of-Pocket Losses for up to $4,500.00, or the Alternative Cash Payment of $50.00 by using the. Settlement Claims for Monetary Recovery must be submitted under penalty of perjury. Documented Out-of-Pocket Losses also require supporting documentation, as outlined in FAQ 10 below.
Claim Forms may be submitted online here or downloaded and printed here and sent by mail to the Settlement Administrator. You must submit any Claim Forms by April 16, 2026. Each Settlement Class Member may only submit one Claim Form.
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Settlement Class Members are eligible to submit Claims for up to $4,500.00 (in total per class member) for the following categories of Out-of-Pocket Losses:
Costs associated with obtaining credit reports;
Credit monitoring costs that were incurred on or after October 12, 2023, through the date of the Claim submission;
Long distance telephone charges;
Cell minutes (if charged by the minute or the amount of data usage);
Internet usage charges (if charge by the minute or the amount of data usage);
Text messages (if charged by the message);
Miscellaneous expenses such as notary, fax, postage, copying and mileage;
• unreimbursed bank fees;
unreimbursed card reissuance fees;
unreimbursed overdraft fees;
unreimbursed charges related to unavailability of funds;
unreimbursed late fees;
unreimbursed over-limit fees;
unreimbursed charges from banks or credit card companies
Settlement Class Members submitting a claim for out-of-pocket expenses or losses will be required to:
Show that the loss is fairly traceable to the Data Incident.
Show that the loss occurred during the time period after the Data Incident and before the Claim Deadline.
Show that the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
Submit a statement under penalties of perjury that his or her claim is true and correct, to the best of his or her knowledge and belief.
No payment shall be made for pain and suffering, emotional distress, personal/bodily injury, punitive damages, or any other non-economic losses.
Reasonable documentation must be submitted with all Claim Forms showing that the Out-Of-Pocket Losses were caused by, or are fairly traceable to, the Data Incident. More details are provided in the Settlement Agreement, which is available in the Important Documents section of this website.
In the alternative, Settlement Class Members may claim a $50.00 Alternative Cash Payment.
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The Parties cannot predict exactly when (or whether) the Court will give final approval to the Settlement Agreement, so please be patient. However, if the Court gives final approval to the Settlement, eligible Settlement Class Members will be paid as soon as possible after the Court order becomes final. If there is an appeal of the Settlement, payment may be delayed. This website will be updated with additional information as it becomes available or contact the Settlement Administrator (see FAQ 20) or Class Counsel (see FAQ 16).
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By staying in the Settlement Class, all the Court’s orders will apply to you, and you give Defendant a “Release.” A release means you cannot sue or be part of any other lawsuit against Defendant and other persons and entities identified in the Settlement Agreement about the claims or issues in this Litigation or relating to the Data Security Incident.
The precise terms of the release are in the Settlement Agreement. Unless you formally exclude yourself from this Settlement, you will release your claims.
Your release shall apply according to their terms, regardless of any provision of law or legal authority. If you have any questions, you can talk for free to the attorneys identified in FAQ 16 who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.
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The Plaintiffs will seek Service Awards of $2,500.00 each for their services to the Settlement Class Members. This payment is subject to the Court’s final approval and is not included in the amount available to Settlement Class Members.
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If you do not want to remain in the Settlement, but you want to keep your legal claims against Defendant, then you must take steps to exclude yourself from this Settlement.
To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from Rice, et al., v. Carespring Health Care Management, LLC, Case No. 2024 CVH 01199, Clermont County, Court of Common Pleas, Ohio. Be sure to include your name, address, telephone number, and your signature. The written notice must clearly manifest your intent to opt out of the Settlement Class. You must mail your exclusion request so that it is postmarked no later than March 17, 2026, to:
Carespring Data Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799
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No, you will not receive anything resulting from the Settlement, but you will have the right to sue Defendant over the claims raised in this case, either on your own or as a part of a different lawsuit. If you exclude yourself, the time you have in which to file your own lawsuit (called the “statute of limitations”) will begin to run again. You will have the same amount of time to file the suit that you had when this case was filed.
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The Court has appointed the law firms of Isabel DeMarco of Markovits, Stock & DeMarco, LLC, Philip J. Krzeski of Chestnut Cambronne PA, Tyler J. Bean of Siri & Glimstad, LLP; and Scott E. Cole of Cole & Van Note, P.A. to serve as Class Counsel. You will not be charged for these lawyers and if you want to be represented by your own lawyer, you may hire one at your own expense.
Isabel DeMarco | Philip J. Krzeski |
Tyler J. Bean | Scott E. Cole |
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Class Counsel seek reasonable attorneys’ fees and expenses up to $305,000.00, subject to court approval.
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You can tell the Court that you do not agree with the settlement or some part of it.
If you are a Settlement Class Member, you can object to the Settlement and the Court will consider your views. In order to object to the Settlement, you must provide a written objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve the Settlement. Your objection should include: (i) the objector’s full name and address; (ii) the case name and docket number, Rice, et al., v. Carespring Health Care Management, LLC, Case No. 2024 CVH 01199 (Clermont County Court of Common Pleas, Ohio); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Approval Hearing; and (vii) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection.
To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than March 17, 2026, to the Settlement Administrator, with copies sent to Proposed Settlement Class Counsel and counsel for Defendant at the addresses specified below.
Settlement Administrator | Counsel for Defendant | ||
Carespring Data Settlement | Christopher Dean | ||
Class Counsel | |||
Isabel DeMarco | Philip J. Krzeski | Tyler J. Bean | Scott E. Cole |
The objector or his or her counsel may also file an objection with the Court in person at the Clerk of Courts or through the Court’s electronic filing system if the objector’s counsel is registered to use such system, with concurrent service on Proposed Settlement Class Counsel and Defendant’s counsel by mail, hand delivery, or electronic service if counsel are registered for electronic service. For all objections mailed to the Settlement Administrator, Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement.
For all objections mailed to Proposed Settlement Class Counsel and counsel for Defendant, Proposed Settlement Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement.
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The Court will hold a hearing to decide whether to grant final approval of the Settlement. You may attend if you wish, but you are not required to do so.
The Court has already given preliminary approval to the Settlement Agreement. A final hearing on the settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement.
The Court will hold a hearing on April 28, 2026, at 11:00 a.m. in the courtroom of the Honorable Victor M. Haddad, Court of Common Pleas in Clermont County, Ohio. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Class and to determine the appropriate amount of compensation for Class Counsel and rule on the request for service awards for the Representative Plaintiffs. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. After the hearing, the Court will decide whether to approve the Settlement.
You are not required to attend this hearing to benefit from this settlement. The hearing may be postponed to a later date without notice.
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This website only provides a summary of the proposed Settlement. Complete details about the Settlement can be found in the Settlement Agreement, along with other case-related documents, on the Important Documents page.
If you have any questions, you can contact the Settlement Administrator at the information below, or Class Counsel at the information above in Question 16. In addition to the documents available on this Website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk.
Carespring Data Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799
Toll-Free: (833)647-8948
Email: info@CarespringDataSettlement.com
Do not address any questions about the Settlement or the litigation to the Clerk of the Court or to the Judge.
They are not permitted to answer your questions.
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