1. Why was the Notice issued?
2. What is this lawsuit 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 Settlement Class?
9. Do I submit a claim for a Settlement payment?
10. Are there any important Settlement benefit deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in this 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 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 United States District Court for the District of New Jersey authorized the Notice. 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. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Kristina Middleton v. ProSmile Holdings, LLC, Case No. 3:24-cv-0053, pending in the United States District Court for the District of New Jersey. The Person that filed this lawsuit is called the “Plaintiff” (or “Class Representatives”) and the company they sued, ProSmile Holdings, LLC, is called the “Defendant.”
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This lawsuit alleges that during a targeted cyberattack beginning no later than July 7, 2022, on the Defendant’s computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names, dates of birth, Social Security numbers, driver’s license or other state identification card numbers, financial account numbers, payment card numbers, medical treatment information, diagnosis or clinical information, provider information, prescription information, and health insurance information
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In a class action, one or more individuals sue on behalf of other people with similar claims. This individual is called a “Plaintiff” or “Class Representative.” 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 Representative is Kristina Middleton, and everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiff or the Defendant is 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. Plaintiff and her attorney think the Settlement is best for all Class Members.
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The Court has defined the Settlement Class this way: “all individuals within the United States of America whose PHI/PII and/or financial information was potentially exposed to unauthorized third parties as a result of the data breach experienced by Defendant no later than July 7, 2022.”
This means that all US residents whose personal information was impacted by the Data Security Incident are Class Members.
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Yes. Excluded from the Settlement Class are: (1) the Judge in this case, and the Judge’s family and staff; (2) ProSmile’s officers, directors, members and shareholders; and (3) anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are included in the Settlement Class, you can ask for free help any time by contacting the Settlement Administrator at:
ProSmile Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-285-3424
info@ProSmileSettlement.com
You may also view the Settlement Agreement here.
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ProSmile will establish a Settlement Fund of $440,000.00. The court-approved costs of litigating this lawsuit, including attorney’s fees, will be paid from the Settlement, along with a Class Representative Award, and the costs of administering the Settlement.
Settlement Class Members will be able to claim funds in the remaining Settlement Fund (referred to as the “Net Settlement Fund”) through three buckets of relief: 1) by submitting a claim for reimbursement of Documented Out-of-Pocket Losses for up to $5,000.00); 2) electing to receive a pro rata cash payment for the remainder of the Net Settlement Fund; 3) for those eligible, electing to receive a Social Security Number Impact Payment of no more than $500.00. Settlement Class Members eligible to receive a Social Security Number Impact Payment may also make a claim for Documented Out-of-Pocket Losses but may only elect a claim for either a pro rata cash payment or Social Security Number Impact payment, and not both.
If you have questions about your payment, you can ask for free help any time by contacting the Settlement Administrator at:
ProSmile Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-285-3424
info@ProSmileSettlement.com
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Unless you opt out of the Settlement, you won’t be able to 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 (Section X) describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available here.
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Yes, you will need to submit a claim. Claim forms will be sent via email and U.S. mail where email service is not possible. On the Claim Form, Settlement Class Members will elect the type of relief they would like to receive from the Settlement. If you receive a Claim Form, you will have until September 25, 2025, to submit the Claim. You may also submit your claim online here, and it must be submitted by September 25, 2025.
If you do not submit a claim September 25, 2025, you will not be able to receive relief from the Settlement and any claims you have for relief from ProSmile as they relate to the July 7, 2022 Data Incident will be foreclosed.
There are three buckets of relief Settlement Class Members may elect:
Documented Out-of-Pocket Losses: All Settlement Class Members may elect to receive up to $5,000 in reimbursement for documented-out-of-pocket losses, regardless of whether they also elect to receive a pro rata cash payment or Social Security Number Impact Payment. Losses that Class Members seek reimbursement for must be accompanied by reasonable documentation and are subject to review and verification by the Claims Administrator prior to approval.
Additionally, Settlement Class Members may elect one of the two:
Pro Rata Cash Payments: All Settlement Class Members may additionally elect to receive a pro rata cash payment, the final number to be determined based on funds remaining in the Net Settlement Fund after Documented Out-of-Pocket Losses and Social Security Number Impact Payments are paid.
Social Security Number Impact Payments: Settlement Class Members that have been notified that their Social Security Numbers were exposed in the July 7, 2022 Data Incident may, in lieu of the pro rata cash payment, elect to receive a Social Security Number Impact Payment in an amount not to exceed $500.00. If you are eligible for this bucket of relief, you will be notified in your claim notice. All elections under this bucket are subject to verification by the Settlement Administrator.
All Settlement Class Members may elect to receive reimbursement of Documented Out-of-Pocket Losses, as well as one of the following: 1) a pro rata cash payment, or 2) a Social Security Number Impact Payment (if eligible). Settlement Class Members cannot receive funds under both the pro rata cash payment bucket and the Social Security Number Impact Payment buckets.
In the event the Net Settlement Fund is exhausted, payments shall be made in the following order: 1) Documented Out-of-Pocket Losses, 2) Social Security Number Impact Payments, and 2) Pro Rata Cash Payments. Both the Social Security Number Impact Payments and pro rata cash payments are subject to pro rata adjustments based on the availability of funds.
If you would like to receive your payment digitally (through PayPal, Venmo, Zelle, etc.), submit your Claim Form online here by September 25, 2025, to select how you would like to be paid.
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If you would like to receive your payment digitally, you must submit a Claim Form here by September 25, 2025, to make your selection.
If you are making your claim via mail, it must be postmarked by September 25, 2025
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The Court will hold a final approval hearing on October 14, 2025, at 11:00 a.m., (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 Kevin Laukaitis, Natalia Perez, and Daniel Tomascik of Laukaitis Law, LLC, 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 seek Court approval for attorneys’ fees and litigation costs, not to exceed $146,666.67, and a Class Representative Award of $5,000.00 for the named Plaintiff. These fees, costs, and awards, as well as the costs of administration, 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 sometimes 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 the Defendant on your own about the legal issues in this case.
The deadline to exclude yourself from the Settlement is August 26, 2025.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: Kristina Middleton v. ProSmile Holdings, LLC, Case No. 3:24-cv-0053, pending in the United States District Court for the District of New Jersey;
your full name and current address;
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 also download a pre-formatted Request for Exclusion Form here.
You may only exclude yourself, not any other person.
You have three options to submit your Request for Exclusion:
Online. An online Request for Exclusion Form is available here.
By US Mail. Mail your Request for Exclusion to the Settlement Administrator at:
ProSmile Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
By Email. Scan or photograph of your Request for Exclusion or download a copy of the Request for Exclusion form here, and send to info@ProSmileSettlement.com. The scan or photograph must be clear and legible to be valid.
Your Request for Exclusion must be submitted, postmarked, or emailed by August 26, 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 name of the Action: Kristina Middleton v. ProSmile Holdings, LLC, Case No. 3:24-cv-0053, pending in the United States District Court for the District of New Jersey;
your full name, mailing address, telephone number, and email address;
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 or not you or your lawyer would like to speak at the Final Approval Hearing;
your signature (or, if you have hired your own lawyer, your lawyer’s signature).
To be considered by the Court, you must file your complete objection with the Clerk of Court by August 26, 2025. You must also send copies of the objection to Class Counsel and counsel for ProSmile.
Clerk of the Court | Class Counsel | Counsel for ProSmile |
Clerk of the Court | Kevin Laukaitis | David A. Yudelson |
Your objection must be sent to the Court by US Mail.
You may send copies to Class Counsel and counsel for ProSmile by US Mail, or by emailing them a clear and legible scan or photograph of your objection (emails provided above). You may also upload a clear and legible scan or photograph of your objection to the Settlement Administrator email at info@ProSmileSettlement.com, and it will be forwarded to Class Counsel and counsel for ProSmile.
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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 14, 2025, at 11:00 a.m., Eastern Time, in Room TBD of the United States District Court for the District of New Jersey, at Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street Trenton, NJ 08608.
At the final approval hearing, the Court will decide whether to approve the Settlement, how much attorneys’ fees and costs Class Counsel should receive for representing the Settlement Class, and whether to award a Class Representative Award to the Class Representative 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 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.
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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 are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits, and you will give up the rights described in Question 8, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Released Parties about the legal issues in this Action that are released by the Settlement.
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This website and the Notice summarize the proposed Settlement. The full Settlement Agreement and other related documents are available at the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
ProSmile Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-285-3424
info@ProSmileSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, USDC for the District of New Jersey Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street Trenton, NJ 08608.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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