Connexin Data Breach Litigation

A court authorized the Long-Form Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval of the Settlement. The Long-Form Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The case is known as Barletti, et al. v. Connexin Software, Inc. d/b/a Office Practicum, Case No. 2:22-cv-04676-JDW (the “Action”), in the United States District Court for the Eastern District of Pennsylvania. The people who filed this lawsuit are called the “Plaintiffs” and the company they sued, Connexin Software, Inc. d/b/a Office Practicum, is called the “Defendant.” The Plaintiffs and the Defendant agreed to this Settlement.

On or around August 26, 2022, a third-party threat actor accessed files stored on one of Connexin’s servers. As a result, Personal Information of individuals who are or were patients of pediatric practices, employees, or otherwise affiliated with Connexin may have been accessed. Impacted Personal Information may have included names, Social Security numbers, clinical information, and other medical or personal health information. After conducting a thorough investigation, Connexin began notifying individuals of the Data Security Incident in December 2022.

The Plaintiffs claim that Connexin failed to adequately protect their Personal Information and that they were injured as a result. Connexin denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. By entering into the Settlement, Connexin is not admitting that it did anything wrong.

In a class action, one or more people called the “Class Representatives” sue on behalf of all people who have similar claims. Together all of these people are called a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those Class Members who exclude themselves from the Class.

The Class Representatives in this case are Plaintiffs Kazandra Barletti, individually and as natural parent and next friend of A.B. and C.B., minors; Andrew Recchilongo; Sharonda Livingston, individually and as natural parent and next friend of K.J., a minor; Bradley Hain, individually and as natural parent and next friend of N.H. and T.H., minors; and Hailey Jowers.

The Class Representatives and Connexin do not agree about the claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Class Representatives or Connexin. Instead, the Class Representatives and Connexin have agreed to settle the Action. The Class Representatives and the attorneys for the Class (“Class Counsel”) believe the Settlement is best for all Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by Connexin.

The Court has decided that everyone who fits the following description is a Class Member:

All approximately 3 million natural persons whose Personal Information was compromised in the Data Security Incident. If you received notice of this Settlement by mail, you are a Class Member, and your legal rights are affected by this Settlement.

If you did not receive notice by mail or if you have any questions as to whether you are a Class Member, you may contact the Settlement Administrator.

Yes, the Settlement does not include (1) the Judges presiding over the Action and members of their immediate families and staff; (2) Connexin, its subsidiaries, parent companies, successors, predecessors, and any entity in which Connexin or its parents, have a controlling interest, and its current or former officers and directors; (3) natural persons who properly execute and submit a Request for Exclusion prior to the expiration of the Opt-Out Period; and (4) the successors or assigns of any such excluded natural person.

The Settlement will provide Class Members with the opportunity to select and make a claim for one the following three Settlement Benefits, which are discussed in further detail below:

1. Three (3) years of Expanded Identity Theft and Fraud Monitoring Services and $1 million in insurance (“EITFMS”); or

2. up to a $7,500 cash payment for reimbursement of certain Out-of-Pocket Losses that are more likely than not a result of the Connexin Data Security Incident (“Reimbursement for Out-of-Pocket Losses”); or

3. Alternative Cash Payments in amounts to be determined consistent with the terms of Section 3.7 of the Settlement Agreement. The amount of the Cash Fund Payments is unknown at this time but will be calculated based upon how many Class Members submit valid claims for EITFMS and Reimbursement for Out-of-Pocket Losses.

In addition, Connexin has agreed to take certain remedial measures and enhanced security measures as a result of this Action.

Please review FAQ 9 carefully for additional information regarding the order in which Settlement Benefits are paid from the Settlement Fund. This additional information may impact your decision as to which of the three Settlement Benefit options is the best option for you.

A. Expanded Identity Theft and Fraud Monitoring Services.

Class Members may file a Claim Form to receive Expanded Identity Theft and Fraud Monitoring Services. Expanded Identity Theft and Fraud Monitoring Services provide a way to protect yourself from unauthorized use of your personal information. If you already have credit monitoring services, you may still sign up for this additional protection. The Expanded Identity Theft and Fraud Monitoring Services provided by this Settlement are separate from, and in addition to, the credit monitoring and identity resolution services that may have been offered to you by Connexin in response to the Data Security Incident. If you are a Class Member, you are eligible to make a claim for the Expanded Identity Theft and Fraud Monitoring Services being offered through this Settlement even if you did not sign up for the previous services.

Expanded Identity Theft and Fraud Monitoring Services include (i) up to $1 million of identity theft insurance coverage; and (ii) three (3) years of identity theft and fraud monitoring providing, among other things, notice of changes to the Class Member’s credit profile.

To receive Expanded Identity Theft and Fraud Monitoring Services, you must submit a completed Claim Form selecting to receive Expanded Identity Theft and Fraud Monitoring Services. You do not need to provide additional documents for this claim – only the Household ID number and PIN provided on your Postcard Notice.

B. Reimbursement for Out-of-Pocket Losses.

In the alternative to Expanded Identity Theft and Fraud Monitoring Services, Class Members may elect to submit a Claim Form for reimbursement of certain Out-of-Pocket Losses. If you are a Class member and spent money remedying or addressing identity theft and fraud that was more likely than not related to the Connexin Data Security Incident or you spent money to protect yourself from future harm because of the Connexin Data Security Incident, you may make a claim for a Reimbursement for Out-of-Pocket Losses for reimbursement of up to $7,500.00 in Documented Losses.

Out-of-Pocket Losses consist of unreimbursed losses incurred on or after August 26, 2022, that were related to identity theft and fraud and are more likely than not a result of the Connexin Data Security Incident, as well as any expenses related to the Connexin Data Security Incident. Examples include long distance telephone charges; cell phone minutes (if charged by the minute); internet usage charges (if either charged by the minute or incurred solely as a result of the Data Security Incident); costs of credit reports purchased between August 26, 2022 and July 25, 2024; documented costs paid for credit monitoring services and/or fraud resolution services purchased between August 26, 2022 and the Claims Deadline, provided you provide a sworn statement that the monitoring or service was purchased primarily because of the Data Security Incident and not for other purposes; documented expenses directly associated with dealing with identity theft or identity fraud related to the Data Security Incident; other documented losses that are more likely than not related to the Data Security Incident; and compensation for hours of lost time spend dealing with the Data Security Incident at $30/hour, up to five (5) hours maximum per Class Member (“Attested Lost Time”). Other losses or costs related to the Connexin Data Security Incident that are not insurance reimbursable may also be eligible for reimbursement. To protect the Settlement Fund and valid claims, all Claim Forms submitted that seek payment related to credit or debit card fraudulent transactions will be carefully scrutinized by the Settlement Administrator.

Claims for Reimbursement for Out-of-Pocket Losses must be supported by Reasonable Documentation. Reasonable Documentation means written documents supporting your claim, such as credit card statements, bank statements, invoices, police reports, telephone records, and receipts. Claims for Reimbursement for Attested Lost Time must be supported by a sworn check-box attestation that time claimed was spent dealing with the aftermath of the Data Security Incident.

Individual payments for Documented Losses may be reduced or increased depending on the number of Class Members that participate in the Settlement.

To receive a Reimbursement for Out-of-Pocket Losses, you must submit a completed Claim Form electing to receive a Reimbursement for Out-of-Pocket Losses. If you file a Claim Form for a Reimbursement for Out-of-Pocket Losses and it is rejected by the Settlement Administrator and you do not correct it, and you have not otherwise claimed Expanded Identity Theft and Fraud Monitoring Services, your Claim Form will be considered as an alternative claim for an Alternative Cash Payment.

C. Alternative Cash Payment.

In the alternative to Expanded Identity Theft and Fraud Monitoring Services or Reimbursement for Out-of-Pocket Losses, Class Members may elect to receive a cash payment. This is the “Alternative Cash Payment.” The amount of the Alternative Cash Payment will vary depending on the number of valid claims that are submitted. To receive an Alternative Cash Payment, you must submit a completed Claim Form electing to receive an Alternative Cash Payment. You do not need to provide additional documents for this claim – only the Household ID number and PIN provided on your Postcard Notice.

You are not required to provide Reasonable Documentation with your Claim Form to receive an Alternative Cash Payment. Individual Alternative Cash Payments may be reduced or increased pro rata (equal share) depending on the number of Class Members that participate in the Settlement and the amount of money that remains in the Cash Fund after payments of other Settlement Benefits and charges with priority for payment under the Settlement. See FAQ 9.

Before determining which Settlement Benefit option from the Settlement is best for you (selecting Expanded Identity Theft and Fraud Monitoring Services, Reimbursement for Out-of-Pocket Losses, or an Alternative Cash Payment), it is important for you to understand how Settlement payments will be made. Administrative Expenses for costs of the settlement administration will be paid first. Then, Class Counsel fees and expenses and Service awards, as approved by the Court will be deducted from the Settlement Fund before making payments to Class Members. Class Counsel will seek attorneys’ fees up to a maximum of 33.33% of the $4,000,000.00 Settlement Fund (i.e., $1,333,333.33), reasonable costs and expenses incurred by counsel for the Class not to exceed $50,000 (referred to collectively as Fee Award and Costs), and Service Awards of up to $2,500.00 to each of the Class Representatives. The Court may award less than these amounts. The remainder of the Settlement Fund will be distributed in the following order:

1. Expanded Identity Theft and Fraud Monitoring Services claims will be paid first.
2. If money remains in the Settlement Fund after paying for the Expanded Identity Theft and Fraud Monitoring Services, Reimbursement for Out-of-Pocket Losses claims will be paid second. If your claim for a Reimbursement for Out-of-Pocket Losses is rejected by the Settlement Administrator and you do not cure it, and you have not otherwise made a claim for Expanded Identity Theft and Fraud Monitoring Services, your claim for a Reimbursement for Out-of-Pocket Losses will instead be considered a claim for an Alternative Cash Payment.
3. Approved Alternative Cash Payments. If money remains in the Settlement Fund after paying Expanded Identity Theft and Fraud Monitoring Services claims and Reimbursement for Out-of-Pocket Losses claims, the amount of the Settlement Fund remaining will be used to create a “Post EITFMS/Reimbursement Net Settlement Fund,” which will be used to pay all Alternative Cash Payment claims. The value of the Alternative Cash Payments is unknown at this time but will be calculated by subtracting from the Settlement Fund the amounts paid for valid claims for Expanded Identity Theft and Fraud Monitoring Services and Reimbursement for Out-of-Pocket Losses, and after those expenses are deducted, the Post EITFMS/Reimbursement Net Settlement Fund will be divided pro rata and distributed to individuals with approved claims for Alternative Cash Payments.

As a result of the Action, over the next four (4) years, Connexin has agreed to invest in business changes intended to strengthen Connexin’s data and information security, which Connexin estimates will cost in the range of $1,500,000.00. Connexin agrees to provide Class Counsel with written verification that it is in compliance with this paragraph before the motion for final approval of the settlement is due to be filed with the Court.

Not accounting for the cost of the enhanced security measures, the Settlement provides a $4,000,000.00 Settlement Fund for the benefit of the Class. Any Court-approved Fee Award and Costs, Service Awards to the Class Representatives, Taxes due on any interest earned by the Settlement Fund, if necessary, and any notice and settlement administration expenses will be paid out of the Settlement Fund, and the balance (“Net Settlement Fund”) will be used to pay for the above Settlement Benefits. Any costs associated with Connexin’s remedial and enhanced security measures will be paid by Connexin in addition to the Settlement Fund.

Unless you filed an exclusion request before the June 25, 2024, deadline, you remain in the class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Connexin and the Released Parties about the legal issues in this Action, resolved by this Settlement, and released by the Class Action Settlement Agreement and Release. The specific rights you are giving up are called Released Claims (see FAQ 13).

In exchange for the Settlement, Class Members agree to release Connexin and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, equity holders, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, subrogees, and assigns of any of the foregoing (“Released Parties”) from any claim, liability, right, demand, suit, obligation, damage, including consequential damage, loss or cost, punitive damage, attorneys’ fees, costs, and expenses, action or cause of action, of every kind or description—whether known or Unknown (as the term “Unknown Claims” is defined in the Settlement Agreement), suspected or unsuspected, asserted or unasserted, liquidated or unliquidated, legal, statutory, or equitable—that was or could have been asserted on behalf of the Settlement Class related to or arising from the Data Security Incident, regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, and regardless of whether they are foreseen or unforeseen, suspected or unsuspected, or fixed or contingent, arising out of, or related or connected in any way with the claims or causes of action of every kind and description that were brought, alleged, argued, raised or asserted in any pleading or court filing in the Action (“Released Claims”).

The Class Representatives and all Class Members, on behalf of themselves, their heirs, assigns, executors, administrators, predecessors, and successors, and any other person purporting to claim on their behalf, release and discharge all Released Claims, including Unknown Claims, against each of the Released Parties and agree to refrain from instituting, directing or maintaining any lawsuit, contested matter, adversary proceeding, or miscellaneous proceeding against each of the Released Parties that relates to the Data Security Incident or otherwise arises out of the same facts and circumstances set forth in the Consolidated Class Action Complaint in this Action. This Settlement releases claims against only the Released Parties. This Settlement does not release, and it is not the intention of the Parties to this Settlement to release, any claims against any unidentified third party.

More information is provided in the Class Action Settlement Agreement and Release.

The claim filing deadline was July 25, 2024. Claims are no longer being accepted.

The claim filing deadline was July 25, 2024. Claims are no longer being accepted.

The claim filing deadline was July 25, 2024. Claims are no longer being accepted.

The claim filing deadline was July 25, 2024. Claims are no longer being accepted.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to the following address:

Connexin Data Breach Settlement
Settlement Administrator
P.O. Box 5735
Portland, OR 97228-5735

If you make a valid claim for Expanded Identity Theft and Fraud Monitoring Services, the Settlement Administrator will send you information on how to activate your credit monitoring after the Settlement becomes final.

Payment for valid claims for an Alternative Cash Payment or a Reimbursement for Out-of-Pocket Losses will be provided by the Settlement Administrator after the Settlement is approved and becomes Final. You may elect to receive payment for valid claims for an Alternative Cash Payment or Reimbursement for Out-of-Pocket Losses via PayPal, Venmo, or other digital payment instead of a check by submitting your email address with your Claim Form. Anyone who does not elect to receive payment via digital payment will receive their payment via regular check sent through U.S. Mail.

The approval process may take time. Please be patient and check this website for updates.

None of the money in the $4,000,000.00 Settlement Fund will ever be paid back to Connexin once the Settlement is approved and has become Final. Any money left in the Settlement Fund after 120 days after the distribution of payments to Class Members will be distributed pro rata (equal share) among all Class Members with approved claims for Alternative Cash Payments, who cashed or deposited their initial check or received the Settlement proceeds through digital means, as long as the average payment amount is $3.00 or more. If there is not enough money to provide qualifying Class Members with an additional $3.00 payment, and if possible, the remaining Net Settlement Fund will be distributed to a non-profit recipient to be agreed to by the parties and approved by the Court.

Yes, the Court has appointed Benjamin F. Johns of Shub & Johns LLC, and Bart D. Cohen of Bailey & Glasser LLP as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Action.

Class Counsel will file a motion asking the Court to award them attorneys’ fees of up to a maximum of 33.33% of the $4,000,000.00 Settlement Fund (i.e., $1,333,333.33), plus the reimbursement of their reasonable costs and expenses (referred to collectively as “Fee Award and Costs”). They will also ask the Court to approve up to $2,500.00 Service Awards to each of the Class Representatives for participating in this Action and for their efforts in achieving the Settlement. If awarded, these amounts will be deducted from the Settlement Fund before making payments to Class Members. The Court may award less than these amounts.

The deadline to file a Request for Exclusion was June 25, 2024.

No. If you excluded yourself by submitting a Request for Exclusion on or before the June 25, 2024, deadline, then you are not eligible for a Settlement benefit.

No. You must have excluded yourself by filing a Request for Exclusion on or before the June 25, 2024, deadline in order to start or continue with any other lawsuit against Connexin or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

The deadline to file an objection was June 25, 2024.

Following the Final Approval Hearing on July 24, 2024, the Court granted final approval. The order to that effect is posted on the Documents page.

If you are a Class Member and you do nothing, you will not receive any Settlement Benefits. You will also give up certain rights, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Connexin or any of the Released Parties about the legal issues in this Action and released by the Settlement Agreement.

The Long-Form Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, or by contacting Class Counsel (see below).

If you have questions about the proposed Settlement or anything in the Long-Form Notice, you may contact Class Counsel at the following addresses:

PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.