Frequently Asked Questions

Basic Information

1. Why was the Notice issued?

The Circuit Court for the Eleventh Judicial Circuit, McLean County, Illinois, authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is captioned Green, et al. v. NOW Health Group, Inc., Case No. 2023LA000116, pending in the Circuit Court for the Eleventh Judicial Circuit, McLean County, Illinois. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, NOW, is called the “Defendant.”

2. What is this lawsuit about?

This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendant’s computer systems on or about March 17, 2023 (the “Data Incident”). The files accessed in the Data Incident contained the personally identifiable or protected health information of NOW’s current and former employees and employee’s spouses and dependents, including names and Social Security numbers.

3. What is a class action?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Lauren Green, Jeffery Green, Lauren Green as next of friend for N.G., a minor, and Jeffery Green as next of friend for M.G., a minor. Everyone included in this Action is a Class Member.

4. Why is there a Settlement?

The Court did not decide in favor of the Plaintiffs or the Defendant. The Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.

Who is in the Settlement?

5. Who is included in the Settlement?

The Settlement Class includes all persons residing in the United States whose private information was accessed in the Data Incident, including those who were sent a Notice Letter notifying them that their private information was compromised in the Data Incident.

6. Are there exceptions to being included?

Yes. Excluded from the Settlement Class are: (i) NOW and its respective officers and directors, (ii) all members of the Settlement Class who timely and validly request exclusion or “opt-out” from the Settlement Class, (iii) the Judge and Magistrate Judge assigned to evaluate the fairness of this Settlement, and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contender to any such charge.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by contacting the Settlement Administrator at:

NOW Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-866-675-3080
info@NOWHealthDataSettlement.com

You may also view the Settlement Agreement here.

The Settlement Benefits

7. What does the Settlement provide?

NOW has agreed to provide a number of settlement benefits. You are not limited to one benefit and may claim each option for which you are eligible.

If, at the end of the claims period, the combined value of all valid claims is greater than $300,000.00 (the “Aggregate Cap”), all payments will be reduced on a pro rata basis so that the combined value does not exceed the Aggregate Cap.

Credit Monitoring and Insurance Services:

All Class Members may claim two years of one-bureau credit monitoring and fraud protection, with $1 million of insurance coverage. This benefit may be combined with any or all of the options below.

Lost Time Reimbursement:

If you spent time dealing with the Data Incident, you may claim reimbursement for up to four hours at $25.00 per hour. You do not have to provide documentation, but you must attest that this time was spent dealing with the Data Incident.

Ordinary Unreimbursed Losses:

If you incurred unreimbursed out-of-pocket expenses or losses as a result of the Data Incident, you may claim up to $650.00 for documented expenses. You must submit documentation from a third-party supporting or evidencing all claimed unreimbursed expenses. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.

Settlement Class Members who submit a Valid Claim for Ordinary Unreimbursed Losses may receive up to $650.00, but no more than the documented loss proven.

Ordinary Unreimbursed Losses may include such items as:

1. bank fees
2. long distance phone charges
3. cell phone charges (only if charged by the minute)
4. data charges (only if charged based on the amount of data used)
5. postage
6. gasoline for local travel
7. fees for credit reports, credit monitoring, or other identity theft insurance product

Extraordinary Unreimbursed Losses:

If you suffered actual, unreimbursed losses as a result of the Data Incident, you may claim up to $5,500.00 for documented losses. You must submit documentation from a third-party supporting or evidencing all claimed unreimbursed extraordinary losses. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.

Settlement Class Members who submit a Valid Claim for Extraordinary Unreimbursed Losses may receive up to $5,500.00, but no more than the documented loss proven.

Claims for Extraordinary Unreimbursed Losses must show that:

• the loss is an actual and unreimbursed monetary loss, supported by third-party documentation;
• the loss results from actual identity theft, fraud or similar criminal victimization;
• the loss was more likely than not caused by the Data Incident;
• the loss is not already covered by one or more of the other/normal reimbursement categories (i.e., ordinary unreimbursed losses or time spent); and
• the Settlement Class Member made reasonable efforts to avoid, mitigate, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

If you have questions about any of these benefits, or how to file a claim, you can contact the Settlement Administrator at:

NOW Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-866-675-3080
info@NOWHealthDataSettlement.com

You may also view the Settlement Agreement here.

8. What claims am I releasing if I stay in the Settlement Class?

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.

Submitting a Claim Form for Settlement Benefits

9. How do I submit a claim for a Settlement benefit?

The fastest way to submit your Claim Form is online by going here. If you prefer, you can download the Claim Form from here and mail it to the Settlement Administrator at: NOW Data Incident Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799.

You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, 1-866-675-3080, by email info@NOWHealthDataSettlement.com, or by U.S. mail at the address above.

10. What is the deadline for submitting a claim?

If you are submitting a Claim Form online, you must do so by June 4, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than June 4, 2025.

11. When will the Settlement benefits be issued?

The Court will hold a final approval hearing on June 25, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.

Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.

The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, the Court has appointed William B. Federman, of Federman & Sherwood, and Gary M. Klinger, of Milberg Coleman Bryson Phillips Grossman, to represent you and other Class Members (“Class Counsel”).

13. Should I get my own lawyer?

You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

14. How will Class Counsel be paid?

Class Counsel will seek Court approval for attorneys’ fees, costs, and expenses not to exceed $190,000.00, and a service award of $1,500.00 for each of the four Class Representatives for bringing this Action on behalf of the Class. These fees and costs, as well as the costs of administration, will be paid for by NOW, separately from the $300,000.00 Aggregate Cap for claims.

Excluding Yourself from the Settlement

15. How do I opt out of the Settlement?

If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this Action, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is May 5, 2025.

To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:

• the name of the Action: Green, et al. v. NOW Health Group, Inc., Case No. 2023LA000116, pending in the Circuit Court for the Eleventh Judicial Circuit, McLean County, Illinois;
• your full name;
• current address;
• telephone number;
• personal signature; and
• the words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.

Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than May 5, 2025.

NOW Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799

If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.

You may only exclude yourself not any other person.

Commenting on or Objecting to the Settlement

16. How do I tell the Court if I like or do not like the Settlement?

If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.

For an objection to be considered by the Court, the objection must include:

1. the name of the Action: Green, et al. v. NOW Health Group, Inc., Case No. 2023LA000116, pending in the Circuit Court for the Eleventh Judicial Circuit, McLean County, Illinois;
2. your full name and address;
3. a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
4. the identity of any and all counsel representing you in connection with the objection;
5. a statement as to whether you and/or your counsel will appear at the Final Fairness Hearing; and
6. your signature and the signature of your duly authorized attorney or other duly authorized representative, if any (along with documentation setting forth such representation).

To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for NOW, no later than May 5, 2025.

If you do not comply with the requirements for objecting you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Action.

17. What is the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

The Court’s Final Approval Hearing

18. When is the Court’s Final Approval Hearing?

The Court will hold a Final Approval Hearing on June 25, 2025, at 9:00 a.m. Central Time, via Zoom of the McLean County Circuit Court, at 104 W. Front St., Bloomington, IL 61701.

At the Final Approval Hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award Service Awards to the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.

If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See Question 17).

The date and time of this hearing may change without further notice. Please check back for updates.

19. Do I have to come to the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.

If I Do Nothing

20. What happens if I do nothing at all?

If you are a Class Member and you do nothing, you will give up the rights described in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.

Getting More Information

21. How do I get more information?

This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page of this Settlement Website.

If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

NOW Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-866-675-3080
info@NOWHealthDataSettlement.com

You may also view the Settlement Agreement here.

Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, Brower County Circuit Court, 104 W. Front St., Bloomington, IL 61701.

DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT