1. Why was the Notice issued?
2. What are these lawsuits about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Ninth Judicial Circuit in and for Kalamazoo County, Michigan, authorized the Notice. Class Members have a right to know about the proposed Settlement of these class action lawsuits, and about all of their options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The Actions captioned Donald Vickery, et al. v. Family Health Center, Inc., Case No. 2024-0404-NO, and Janet Walker v. Family Health Center, Inc., Case No. 2024-0407-CZ, are pending in the Ninth Judicial Circuit in and for Kalamazoo County, Michigan. The people that filed these Actions are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, Family Health Center, Inc., is called the “Defendant.”
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These Actions allege that on or about January 25, 2024, cybercriminals engaged in a cyberattack on FHC’s computer systems, and certain files that contained private information were potentially accessible. These files may have contained personal information such as name, address, Social Security number, and/or medical information. The impacted information varied person to person.
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In a class action, one or more individuals sue on behalf of other people who are alleged to have similar claims. These individuals are called the “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 the settlement. In this Settlement, the Class Representatives are Donald Vickery, Janet Walker, Alexsis Alexander, William Adams, Malcolm Humphrey, and Lavonne Stevens, and everyone included in these Actions are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides 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. Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The court has defined the Class as: “all persons in the United States whose Private Information was potentially accessible as a result of the Data Incident, including those who were sent notice of the Data Incident.”
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Yes. Excluded from the Class are: (1) the Judge in these Actions, and the Judge’s family and staff, (2) the governing board members of FHC, and (3) anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
FHC Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(833) 360-6849
info@FHCDataSettlement.com
You may also view the Settlement Agreement here.
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FHC will establish a Settlement Fund of up to $850,000.00. The Settlement Fund will first be used to pay the costs of administering the Settlement, court-approved attorneys’ fees and costs, Service Awards for the Plaintiffs, and benefits for Class Members.
You are not limited to one benefit. You may file a claim for each benefit that you qualify for.
Credit Monitoring Services. All Class Members are eligible to receive two (2) years of Credit Monitoring Services. These services include credit monitoring, dark web monitoring, identity theft insurance coverage for up to $1,000,000, and fully managed identity recovery services. You may claim Credit Monitoring Services together with either of the Cash Payment options.
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you may file a claim for reimbursement. The maximum amount of this reimbursement is $5,000.00.
This benefit covers expenses like:
bank, credit card, and debit card fees;
overdraft, declined payment, and returned check fees;
cost to replace your driver’s license, Social Security number, or other types of identification;
fees for credit reports or credit monitoring; and
losses from identity theft.
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to clarify or support other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
You may claim Cash Payment A together with Credit Monitoring Services.
Cash Payment B – Flat Cash Payment. As an alternative to Cash Payment A, you can instead claim a $50.00 flat cash payment. You do not need to provide documentation.
You may claim Cash Payment B together with Credit Monitoring Services.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
FHC Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(833) 360-6849
info@FHCDataSettlement.com
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Unless you opt out of the Settlement, you won’t be able to 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 (Section XI) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download the Claim Form here and mail it to the Settlement Administrator at:
FHC 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, (833) 360-6849, by email info@FHCDataSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by October 8, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than October 8, 2025.
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The Court will hold a final approval hearing on October 17, 2025 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court appointed attorneys Emily E. Hughes of The Miller Law Firm, Jeff Ostrow of Kopelowitz Ostrow P.A., Nickolas Hagman of Cafferty Clobes Meriwether & Sprengel LLP, and Mariya Weekes of Milberg Coleman Bryson Phillips Grossman PLLC, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve attorneys’ fees of up to 33.33% of the Settlement Amount, plus reimbursement of costs, which will be paid from the Settlement Fund.
Class Counsel will also ask for Service Awards of $1,500.00 for each of the Class Representatives. Service Awards will be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion and is also called “opting out.” If you opt out, you will not receive a Settlement payment, but you will keep any rights you may have to sue FHC on your own about the legal issues in these Actions.
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.
The deadline to exclude yourself from the Settlement is September 8, 2025.
To be valid, your Request for Exclusion must have the following information:
the names of the Actions: xDonald Vickery, et al. v. Family Health Center, Inc., Case No. 2024-0404-NO, and Janet Walker v. Family Health Center, Inc., Case No. 2024-0407-CZ, pending in the Ninth Judicial Circuit in and for Kalamazoo County, Michigan;
your full name, mailing address, and telephone number;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself, not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
FHC Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must be submitted, postmarked, or emailed by September 8, 2025.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see Question 15)
You must provide the following information for the Court to consider your objection:
the names of the Actions: Donald Vickery, et al. v. Family Health Center, Inc., Case No. 2024-0404-NO, and Janet Walker v. Family Health Center, Inc., Case No. 2024-0407-CZ, pending in the Ninth Judicial Circuit in and for Kalamazoo County, Michigan;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support you may have for your objection;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and telephone number;
whether you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (if you have hired your own lawyer, your lawyer’s signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by September 8, 2025. You must also send copies of the objection to Class Counsel, counsel for Defendant, and the Settlement Administrator.
Clerk of the Court | Class Counsel |
Clerk of the Court | Emily E. Hughes |
Counsel for Defendant | Settlement Administrator |
David Ross | FHC Data Incident Settlement |
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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.
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The Court will hold a Final Approval Hearing on October 17, 2025, at 9:00 a.m. Central Time at the Ninth Judicial Circuit in and for Kalamazoo County, Michigan, at 330 Eleanor Street, Kalamazoo, MI 49007.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Awards to the Class Representatives who brought these Actions on behalf of the Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check the Important Dates page for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in Question 8.
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This website is a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
FHC Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(833) 360-6849
info@FHCDataSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 330 Eleanor Street, Kalamazoo, MI 49007.
Do Not Contact the Court or Clerk of Court regarding this Settlement
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