In Re: CaptureRx Data Breach Litigation

Frequently Asked Questions

If you do not find an answer to your question below, click here to contact us.


The Court authorized this website because you have a right to know about the Settlement and all of your options before the Court decides whether to give “final approval” to the Settlement. This website explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Orlando L. Garcia of the United States District Court for the Western District of Texas is overseeing this case known as In Re: CaptureRx Data Breach Litigation, Case No. 5:21-cv-00523-OLG. The people who brought the lawsuit are called the Plaintiffs. The companies being sued, CaptureRx and certain of its pharmacy customers, are called the Defendants.

The lawsuit claims that Defendants were responsible for the Data Incident and asserts claims such as: negligence, invasion of privacy, and violations of the California Confidentiality of Medical Information Act.

Defendants deny these claims and say they did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Defendants have any liability on these claims or did anything wrong.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.

The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the Settlement. The Settlement avoids the costs and risks of a trial and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The “Settlement Class Representatives” appointed to represent the Settlement Class, and the attorneys for the Settlement Class think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a member of the Settlement Class if you resided in the United States and your first name, last name, date of birth and prescription information was exposed to an unauthorized party as a result of the Data Incident. CaptureRx sent notices to those affected by the Data Incident in approximately May 2021.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are CaptureRx and its pharmacy customers that were affected by the Data Incident and their officers and directors, any judges presiding over this case and their judicial staff and immediate family members, Settlement Class Counsel and their first-degree relatives, and persons who timely and validly request exclusion from the Settlement Class.

If you are not sure whether you are included in the Settlement Class, you may call 1-833-620-3609 with questions. You may also contact us or write with questions to:

In Re: CaptureRx Data Breach Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

The Settlement provides that CaptureRx will fund the following payments, up to a total of $4,750,000.00: (a) a $25.00 cash payment to each Settlement Class Member who files a valid claim; (b) an additional $75.00 cash payment to each California Settlement Subclass Member who files a valid claim; (c) any attorneys’ fees and expenses awarded by the court; (d) any service award to the Representative Plaintiffs awarded by the court; and (e) notice and claims administration costs. The payments to the Settlement Class and the California Settlement Subclass are subject to pro rata reduction, or may be increased on pro rata, depending upon the number of claims filed. If there are funds remaining after these payments, the residual amount will not be returned to CaptureRx but will paid to a charitable recipient.

To receive any benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”) available using the electronic Claim Form or download to mail in from the documents section of this website, or by calling 1-833-620-3609. Read the instructions carefully, fill out the Claim Form, and submit it according to the instructions on the Claim Form. The deadline to submit a claim form is June 27, 2022.

The Claims Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Claims Administrator may require additional information. If you do not provide the additional information in a timely manner, the Claim will be considered invalid and will not be paid.

The Court will hold a hearing on June 23, 2022 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

If the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendants and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Class Settlement Agreement, which is available in the documents section of this website. If you have any questions you can talk to the law firms listed in FAQ 16 for free, or you can talk to your own lawyer.

If you do not want to be part of this Settlement, but you want to keep the right to sue Defendants about the legal issues in this case, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.

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

No. Unless you exclude yourself, you give up any right to sue Defendants (and any other Released Persons) 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 case. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement. If you are requesting exclusion because you want to bring your own lawsuit based on the matters alleged in this class action, you may want to consult an attorney, at your expense, and discuss whether any individual claim that you may wish to pursue would be time-barred by the applicable statutes of limitations or repose.

To exclude yourself, send a letter that says you want to be excluded from the Settlement in In re CaptureRx Data Breach Litigation, Case No. 5:21-cv-00523-OLG (W.D. Tex.). You can use the electronic exclusion form or download to mail in from the documents section of this website. You must submit your exclusion request electronically or, if sent be mail, have the letter postmarked by May 17, 2022, to:

In Re: CaptureRx Data Breach Litigation
c/o Kroll Settlement Administration, LLC
P.O. Box 225391
New York, NY 10150-5391


You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision whether to approve the Settlement. To object, you must mail your notice of intent to object to the Clerk of the Court, Class Counsel and Defendants’ Counsel, at the mailing addresses listed below, postmarked by no later than the objection deadline, May 17, 2022:

Court

Defendants’ Counsel

Clerk of the Court
U.S. District Clerk’s Office
655 E. Cesar E. Chavez Blvd., Room G65
San Antonio, Texas 78206

 Kevin M. O’Hagan

O’Hagan Meyer

One E. Wacker Dr.

Suite 3400

Chicago, IL 60601

Class Counsel

 M. Anderson Berry

Clayeo C. Arnold,

A Professional Law Corp.

865 Howe Avenue

Sacramento, CA 95825

 

Gary Klinger

Milberg Coleman Bryson Phillips Grossman, PLLC

227 W. Monroe St., Suite 2100

Chicago, IL 60606


Your objection must state: (1) the name of the Litigation: In Re: CaptureRx Data Breach Litigation, Case No. 5:21-cv-00523-OLG (W.D. Tex.); (2) your name, address, telephone number, and email address (if any); (3) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (4) a statement as to whether your objection applies only to yourself, to a specific subset of the Settlement Class, or to the entire Settlement Class; (5) a clear and detailed written statement of the specific legal and factual bases for each of your objections, accompanied by any legal support for the objection(s) you believe applicable; (6) the identity of any counsel representing you; (7) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; (8) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; and (9) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a member of the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, you have no basis to object because you are no longer a member of the Settlement Class, and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded. 

Yes. The Court appointed M. Anderson Berry and Gary M. Klinger as Interim Class Counsel to represent the Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel

 M. Anderson Berry

Clayeo C. Arnold,

A Professional Law Corp.

865 Howe Avenue

Sacramento, CA 95825

- - - - - - - - -

Gary M. Klinger

Milberg Coleman Bryson Phillips Grossman, PLLC

227 W. Monroe St., Suite 2100

Chicago, IL 60606


Class Counsel will ask the Court for an award for attorneys’ fees of up to $1,583,333.33, plus costs and expenses of up to $30,000.00. CaptureRx has agreed to pay any award of attorneys’ fees and expenses up to those amounts, to the extent approved by the Court. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement, and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis. Class Counsel will also ask the Court for a service award of up to $2,000.00 each for Representative Plaintiffs Daisy Trujillo, Mark Vereen, and Michelle Rodgers. Any award for attorneys’ fees, costs, and expenses for Class Counsel and of service awards to the Representative Plaintiffs must be approved by the Court. The Court may award less than the amounts requested. Class Counsel will file their motion papers in support of final approval of the Settlement and their application for attorneys’ fees, costs and expenses, and service awards no later than May 3, 2022, and they will be posted on this website.

The Court will hold a Final Approval Hearing at 2:30 CDT on June 23, 2022, at the San Antonio U.S. District Courthouse, 655 E. Cesar E. Chavez Blvd., San Antonio, TX 78206. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if they have properly made such a request. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for service awards for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The Court may move the hearing to a different date or time without additional notice to the Settlement Class, so Class Counsel recommends checking this website or calling 1-833-620-3609.

No. Class Counsel will present the Class Settlement Agreement to the Court. You or your own lawyer are welcome to attend, at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to discuss it. As long as you filed your notice of intent to object containing your objection on time with the Court and mailed it according to the instructions provided in FAQ 16, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file a notice of intent to object according to the instructions in FAQ 16, including all the information required. Your objection must be mailed to the Clerk of the Court, Class Counsel and Defendants’ Counsel, postmarked no later than May 17, 2022 (see FAQ 16).

If you do nothing you will not get any money from this Settlement and, if the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of an other lawsuit against CaptureRx and the other Released Parties based on any of the Released Claims.

This website summarizes the proposed Settlement. More details are in the Class Settlement Agreement itself. A copy of the Class Settlement Agreement is available in the documents section of this website. You may also call the Settlement Administrator with questions or to request a Claim Form at 1-833-620-3609.

This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

Call
1-833-620-3609
Mail
In Re: CaptureRx Data Breach Litigation
Kroll Settlement Administration, LLC
P.O. Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Exclusion Form

Exclusion Form

Important Dates

  • Exclusion Deadline

    Tuesday, May 17, 2022 The Exclusion deadline has passed on May 17, 2022.
  • Objection Deadline

    Tuesday, May 17, 2022 The Objection deadline has passed on May 17, 2022.
  • Claim Form Deadline

    Monday, June 27, 2022 You must submit your Claim Form online no later than Tuesday, June 27, 2022, or mail your completed paper Claim Form so that it is postmarked no later than June 27, 2022.
  • Final Approval Hearing Date

    Thursday, June 23, 2022 The Final Approval Hearing is scheduled for June 23, 2022 at 2:30pm CDT. Please check this website for updates.

Important Documents

Having Trouble?

Having trouble opening .pdf files? You can download Acrobat Reader  for free from www.adobe.com.

Copyright © 2022 Kroll Settlement Administration, LLC - All Rights Reserved. This site is designed and developed by Kroll Settlement Administration, LLC - Privacy Policy