Frequently Asked Questions

The Court directed that this Settlement Website be established because you have a right to know about a proposed Settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Claims Administrator appointed by the Court will distribute the payments and credit monitoring codes that the Settlement allows. The Notice explains the Action, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

The Court in charge of this case is the Indiana Commercial Court sitting in the Marion Superior Court No. 1 in Marion County, Indiana. The case is known as Ham, et al. v. Cummins Behavioral Health Systems, Inc., Cause No. 49D01-2308-PL-0322426 (the “Action”). The people who filed the Action are called the Plaintiffs and the entity they sued, Cummins Behavioral Health Systems, Inc. (“Cummins”), is called the Defendant.

The Action claims that the Defendant was responsible for failing to prevent the Security Incident. The Action seeks, among other things, payment for persons who were injured by the Security Incident.

Defendant has denied and continues to deny all of the claims made in the Action, as well as all charges of wrongdoing or liability against it.

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

The Court did not decide in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs negotiated a Settlement with Defendant that allows both the Plaintiffs and Defendant to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain payment without further delay. The Settlement Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. This Settlement does not mean that Defendant did anything wrong.

You are part of this Settlement as a Settlement Class Member if your Personal Information was potentially compromised in the Security Incident or you previously received a notification from Defendant pertaining to the Security Incident.

Personal information means information that identifies an individual or in combination with other information can be used to identify, locate, or contact an individual.

Yes. If you properly execute and submit a Request for Exclusion prior to the expiration of the Opt-Out Deadline you will be excluded from the Settlement Class. 

The Settlement provides up to $2,100,000 in benefits, and Settlement Class Members can claim one of the benefits, which are: (1) reimbursement of up to $500 in Ordinary Losses caused by the Security Incident; OR (2) payment for Lost Time dealing with the Security Incident of $25 per hour up to 3 hours; OR (3) reimbursement of Extraordinary Losses of up to $5,000; OR (4) an alternative cash payment of $65; OR a free trauma screening from Defendant without any proof of actual loss. Defendant will also pay for the costs of Notice and Administrative Expenses up to $125,000, Fee Awards and Costs to Class Counsel of up to $700,000, and Service Award Payments to each of the named Settlement Class Representatives of up to $4,000, all subject to Court approval.

Settlement Class Members are eligible to receive reimbursement of up to $500 for the following categories of documented Ordinary Losses resulting from the Security Incident:
 

• Fees for credit reports, credit monitoring or other identity theft insurance products purchased as a result of the Security Incident.
• Out-of-pocket expenses incurred as a result of the Security Incident, including unreimbursed bank fees, long distance phone and cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage or gasoline for local travel.

Settlement Class Members are eligible to receive reimbursement of up to $5,000 for documented Extraordinary Losses resulting from the Security Incident if the loss meets these conditions:

1. The loss is an actual, documented and unreimbursed monetary loss caused by (A) misuse of the Settlement Class Member’s Personal Information, or (B) fraud or identity theft associated with the Settlement Class Member’s Personal Information;
2. The loss noted in i.(A) or i.(B) above was more likely than not caused by the Security Incident;
3. The loss occurred between February 2, 2023 and seven days after the Court-approved Notice of Settlement is sent to the Settlement Class;
4. The loss is not already covered by the Ordinary Loss or Lost Time categories and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all of the Settlement Class Member’s credit monitoring insurance and identity theft insurance.
    

Settlement Class Members are eligible to receive reimbursement of up to $75 total for Lost Time spent dealing with issues related to the Security Incident, at the rate of $25 per hour up to 3 hours, and supported by an attestation. 

More details are provided in the Settlement Agreement.

Even Settlement Class Members who do not have any Lost Time or Ordinary or Extraordinary Losses as a result of the Security Incident are eligible to receive a $65 alternative cash payment or a free trauma screening at Defendant, simply by submitting a claim for those benefits. 
 

More details are provided in the Settlement Agreement.

To ask for a payment or free trauma screening, you must complete and submit a Claim Form. Paper Claim Forms are available on the Documents Page of this website or by calling the Settlement Administrator at (833) 739-5976. You can also submit a Claim Form on this Settlement Website. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than November 20, 2024 to:
 

Settlement Administrator - 83085
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324 

The Settlement Administrator will initially decide whether the information provided on your Claim Form is complete and valid. The Settlement Administrator may require additional information from any Claimant. If the required information is not timely provided, the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing at 10:00 a.m. ET on October 7, 2024, to decide whether to approve the Settlement. 

If the Court approves the Settlement and there are no appeals, then payments shall be mailed as soon as practicable after the Claims Period and follow up has expired. If the Court approves the Settlement and there are appeals, resolving those appeals can take time. Please be patient.

You do not have to do anything to remain in the Settlement, but if you want a payment or free trauma screening from Defendant you must submit a Claim Form postmarked or submitted online by November 20, 2024.

If the Settlement becomes final, you will give up your right to sue Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant are described in Section XIV of the Settlement Agreement. You will be “releasing” Defendant and all related people or entities as described in Section XIV of the Settlement Agreement. 

If you do not want a payment from this Settlement, but you want to keep the right to sue Defendant about issues in the Action, then you must take steps to get out of the Settlement Class. This is called excluding yourself from—or “opting out” of—the Settlement Class.

No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this Action.

No. Unless you exclude yourself from the Settlement, you give up any right to sue Defendant 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 Lawsuit. If you exclude yourself, do not submit a Claim Form to ask for a payment.

To exclude yourself from the Settlement, you must send a letter or Request for Exclusion by mail stating that you want to be excluded from the Settlement in Ham, et al. v. Cummins Behavioral Health Systems, Inc., Cause  No. 49D01-2308-PL-0322426. Your letter must also include your full name, address, and signature. You must mail your Request for Exclusion postmarked no later than September 23, 2024 to:

Settlement Administrator – 83085
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324 

Yes. The Court appointed the law firm Cohen & Malad, LLP, to represent you and all other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

If the Settlement is approved and becomes final, Class Counsel will ask the Court for Fee Award and Costs not to exceed $700,000 to include reasonable Litigation Costs and Expenses. Class Counsel will also request approval of a Service Award Payment of $4,000 for each of the Settlement Class Representatives. If approved, these amounts, as well as the costs of Notice and Administrative Expenses, will be paid by the Defendant.

If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Defendant’s Counsel  a written notice stating that you object to the Settlement in Ham, et al. v. Cummins Behavioral Health Systems, Inc., Cause No. 49D01-2308-PL-0322426.

Your objection must include:

1. the name of the proceedings;
2. state the Settlement Class Member’s full name, current mailing address, and telephone number;
3. a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection. 
4. a statement whether the objection applies only to the objector, to a specific subset of the Settlement Class, or the entire Settlement Class;
5. the identity of any attorneys representing the objector;
6. a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing;
7. a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement;
8. the signature of the Settlement Class Member or the Settlement Class Member’s attorney; and
9. be filed or postmarked on or before the Objection Deadline. 
    

Your objection must be filed with the Clerk for the Marion Superior Court No. 1, 675 Justice Way, Indianapolis, IN 46203, and sent to the Settlement Administrator  at Settlement Administrator – 83085 c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324 no later than September 23, 2024.

Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing at 10:00 a.m. ET on October 7, 2024, at the Marion Superior Court No. 1, 675 Justice Way, Indianapolis, IN 46203 (or by audio or video teleconference; check the Settlement Website for details). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing (see Question 20). The Court will also decide whether to approve the Fee Award and Costs and reasonable Litigation Costs and Expenses to Class Counsel, and the Service Award Payments to the Settlement Class Representatives.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in Question 21 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not receive any payment from this Settlement, because you need to submit a Claim Form to receive Settlement benefits. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or related parties about the issues involved in the Action, resolved by this Settlement, and released by the Settlement Agreement.

Yes. This Settlement Website summarizes the proposed Settlement. More details are in the Settlement Agreement or by writing to the Settlement Administrator at Settlement Administrator – 83085 c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

Utilize the Contact Us page on this Settlement Website, call (833) 739-5976, or write to the Settlement Administrator at Settlement Administrator – 83085 c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.