Supreme Court of Albany County, New York
Levin, et al. v. Albany College of Pharmacy and Health Sciences
Index No. 906277-25
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
IF YOU WERE SENT NOTICE THAT YOUR PRIVATE INFORMATION WAS
POTENTIALLY IMPACTED IN THE
AUGUST 2024 ALBANY COLLEGE OF PHARMACY AND HEALTH SCIENCES DATA
SECURITY INCIDENT, A PROPOSED CLASS ACTION SETTLEMENT MAY AFFECT
YOUR RIGHTS, AND ENTITLE YOU TO SETTLEMENT BENEFITS .
A court has authorized this Notice. This is not a solicitation from a lawyer.
You are not being sued.
Please read this Notice carefully and completely.
• A Settlement has been reached with Albany College of Pharmacy and Health Sciences (“ACPHS” or
“Defendant”) in a proposed class action lawsuit. This involves an August 2024 cybersecurity
incident in which a criminal third party gained unauthorized access to Defendant’s network (the
“Data Security Incident”). The Private Information of certain individuals may have been impacted in
the Data Security Incident. This information may have included: names, Social Security numbers,
financial information, birth and marriage certificates, passport numbers, driver’s license numbers,
health insurance information, medical information, and/or student information.
• The lawsuit is called Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No.
906277-25. It is pending in the Supreme Court of Albany County, New York (the “Action”).
• ACPHS denies all claims, allegations, liability or wrongdoing, and the Court has not made a
determination that ACPHS did anything wrong.
• The parties have agreed to settle the lawsuit (the “Settlement”) to avoid the costs and risks,
disruptions, and uncertainties of continuing the Action.
• You have been identified as a Class Member, and you may be entitled to Settlement Class Member
Benefits.
• Your rights are affected whether you act or don’t act. Please read this Notice carefully and
completely.
Levin, et al. v. Albany College of Pharmacy and Health Sciences Page 1 of 10
CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
SUBMIT A CLAIM The only way to receive Settlement Class Member Benefits is by November 16, 2026
submitting a valid and timely Claim Form.
The fastest way to submit your Claim Form is online at
www.AlbanyCollegeSettlement.com. If you prefer, you can
download the Claim Form from the Settlement Website and mail it
to the Settlement Administrator. You may also call or email the
Settlement Administrator to receive a paper copy of the Claim
Form.
OPT OUT OF THE You can choose to opt out of the Settlement and receive no October 16, 2026
SETTLEMENT Settlement Class Member Benefit. This option allows you to sue,
continue to sue, or be part of another lawsuit against the Defendant
or any Released Party related to the Released Claims resolved by
this Settlement. You can hire your own lawyer at your own expense.
OBJECT TO THE If you do not opt out of the Settlement, you may object to it by October 16, 2026
SETTLEMENT AND/OR writing to the Court about why you don’t like the Settlement. You
may also ask the Court for permission to speak about your
ATTEND A HEARING
objection at the Final Approval Hearing. If you object, you may also
file a Claim for Settlement Class Member Benefits.
DO NOTHING Unless you opt out of the Settlement, you are automatically part of No Deadline
the Settlement. If you do nothing, you will not receive benefits or
payments from this Settlement and you will give up the right to sue,
continue to sue, or be part of another lawsuit against the Defendant
or any Released Parties related to the Released Claims resolved by
this Settlement.
• These rights and options—and the deadlines to exercise them—are explained in this Notice.
• The Court in charge of this case still has to decide whether to approve the Settlement.
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CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION .................................................................................................... 3
WHO IS IN THE SETTLEMENT .......................................................................................... 4
THE SETTLEMENT BENEFITS........................................................................................... 4
SUBMITTING A CLAIM FORM FOR SETTLEMENT BENEFITS ................................................ 6
THE LAWYERS REPRESENTING YOU ............................................................................... 6
EXCLUDING YOURSELF FROM THE SETTLEMENT ............................................................ 7
OBJECTING TO THE SETTLEMENT ................................................................................... 7
THE FINAL APPROVAL HEARING..................................................................................... 9
IF I DO NOTHING ........................................................................................................... 9
GETTING MORE INFORMATION ...................................................................................... 9
Basic Information
1. Why was this Notice issued?
The Supreme Court of Albany County, New York, authorized this Notice. You have a right to know about the
proposed Settlement of this class action lawsuit, and about all 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 called Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No. 906277-25. It
is pending in the Supreme Court of Albany County, New York. The people that filed this lawsuit are called the
“Plaintiffs” (or “Class Representatives”) and the company they sued, Albany College of Pharmacy and Health
Sciences, is called the “Defendant.”
2. What is this lawsuit about?
This lawsuit alleges that between August 2024 and September 2024, ACHPS became aware of a cybersecurity
incident involving a criminal third party gaininig unauthorized access to ACPHS's network. The Data Security
Incident may have impacted Settlement Class Members’ Private Information.This information may have
included: names, Social Security numbers, financial information, birth and marriage certificates, passport
numbers, driver’s license numbers, health insurance information, medical information, and/or student
information.
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 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 of the settlement. In this Settlement, the Class Representatives are Robert Levin, Ruben
Abraham, Abigayle Gonzalez, and Jack Sullivan. Everyone included in this Action are the Class Members.
4. Why is there a Settlement?
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. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
Who is in the Settlement?
5. Who is included in the Settlement?
The court has defined the Class this way: “All persons residing in the United States whose Private Information
was potentially impacted as a result of the Data Security Incident impacting ACPHS’s computer systems
between August 31, 2024, and September 14, 2024.”
6. Are there exceptions to being included?
Yes. Excluded from the Settlement Class are: (i) Defendant, its officers, directors, agents, affiliates, parents,
subsidiaries, successors or assigns, or any entity in which Defendant has a controlling interest; (ii) all
Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any
judges assigned to this case and their staff and immediate family; 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 criminal
activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge.
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:
• Email: [email protected]
• Call toll free, 24/7: (833) 360-6834
• By mail:
ACPHS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also view the Settlement Agreement at www.AlbanyCollegeSettlement.com.
The Settlement Class Member Benefits
7. What does the Settlement provide?
All Settlement Class Members may submit a claim to receive Credit Monitoring and one or more of the
cash payment options. The Settlement Class Member Benefits are explained in more detail below.
CREDIT MONITORING. All Class Members are eligible to enroll in two years of CyEx Financial Shield Total.
This comprehensive service comes with $1 million of financial fraud insurance, and includes monitoring for:
• fraud or identity theft
• unauthorized financial transactions
• personal information associated with high-risk transactions
If anything, suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
AND
Reimbursement for Documented Losses. If you incurred actual, documented out-of-pocket losses
traceable to the Data Security Incident, you may submit a Claim not to exceed $5,000.00. The losses
must have occurred between August 31, 2024, and November 16, 2026.
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CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
This benefit covers out-of-pocket expenses like:
• losses because of identity theft or fraud
• fees for credit reports, credit monitoring, or freezing and unfreezing your credit
• cost to replace your IDs
• postage to contact banks by mail
You need to send documented proof, like bank statements or receipts, to show how much you spent
or lost. You can also send notes or papers you made yourself to explain or support other proof, but
those notes or papers alone are not enough to make a Valid Claim. Your proof or notes should show
that your expenses were because of the Data Security Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Compensation for Lost Time. Class Members who spent time responding to the Data Security
Incident may submit a Claim up to four hours, at $20.00 per hour, for a maximum of $80.00.
You must have spent the time on tasks related to the Data Security Incident. Some examples include
things like:
• changing your passwords
• investigating suspicious activity in your accounts
• researching the Data Security Incident
You must attest that the time claimed was spent as a result of the Data Security Incident.
OR
Alternative Cash Payment. In lieu of submitting a Claim for Documented Losses or Lost Time, you
may submit a Claim a one-time cash payment of $25.00.
You do not have to provide any proof or explanation to claim this payment.
If you have questions about these Settlement Class Member Benefits, you can ask for free help any time by
contacting the Settlement Administrator at:
• Email: [email protected]
• Call toll free, 24/7: (833) 360-6834
• By mail:
ACPHS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
8. What claims am I releasing if I stay in the Class?
If you stay in the Settlement Class, you won’t be able to be part of any other lawsuit against ACPHS or any of
the Released Parties for any of the Released Claims this Settlement resolves. The “Releases” 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 at www.AlbanyCollegeSettlement.com.
Levin, et al. v. Albany College of Pharmacy and Health Sciences Page 5 of 10
CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
Submitting a Claim Form for Settlement Class Member
Benefits
9. How do I submit a claim for a Settlement Class Member Benefit?
The fastest way to submit your Claim Form is online at www.AlbanyCollegeSettlement.com. If you prefer, you
can download a printable Claim Form from the Settlement Website and mail it to the Settlement
Administrator at:
ACPHS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free,
(833) 360-6834, by email [email protected], or by U.S. mail at the address above.
10. Are there any important Settlement Claim deadlines?
If you are submitting a Claim Form online, you must do so by November 16, 2026. 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 November 15, 2026.
11. When will the Settlement Class Member Benefits be issued?
The Court will hold a Final Approval Hearing on December 10, 2026 (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.
The Lawyers Representing You
12. Do I have a lawyer in the case?
Yes, the Court has appointed attorneys Tyler J. Bean of Siri & Glimstad LLP; Brittany Resch of Strauss Borrelli
PLLC; and Leigh S. Montgomery of EKSM, LLP, 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 your own lawyer, you may hire one at your
expense.
14. How will Class Counsel be paid?
Class Counsel will ask the court to approve $300,000.00 as reasonable attorneys' fees and costs of litigation.
If approved, this amount will be paid by ACPHS.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives,
not to exceed $10,000.00. Any approved Service Awards will also be paid by ACPHS.
Levin, et al. v. Albany College of Pharmacy and Health Sciences Page 6 of 10
CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
Excluding Yourself from the Settlement
15. How do I opt out of the Settlement?
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
Settlement Class Member Benefits. However, you will keep any rights you may have to sue ACPHS or any of
the Released Parties related to the Released Claims resolved by this Settlement.
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 Class Member Benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is October 16, 2026.
To be valid, your Request for Exclusion must have the following information:
(1) the name of the Action: Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No.
906277-25, pending in the Supreme Court of Albany County, New York;
(2) your full name, mailing address, telephone number, and email address;
(3) personal signature; and
(4) 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:
ACPHS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be submitted or postmarked by October 16, 2026.
You cannot opt out by telephone or by email.
“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement
Class Members or multiple Settlement Class Members where the opt-out has not been signed by each and
every individual Settlement Class Member will not be allowed.
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 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)
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CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
You must provide the following information for the Court to consider your objection:
(1) the name of the Action: Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No.
906277-25, pending in the Supreme Court of Albany County, New York;
(2) your full name, mailing address, telephone number, and email address;
(3) a clear description of all the reasons you object; include any legal support, such as documents,
you may have for your objection;
(4) if you have hired your own lawyer to represent you for this objection, provide their name, bar
number, and contact information;
(5) if you or your lawyer have objected in any other cases in the past five years, list the names, courts,
the orders ruling on your objections, and civil action numbers for each of those cases;
(6) if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a
full list of both;
(7) whether or not you or your lawyer would like to speak at the Final Approval Hearing; and
(8) your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any objector or objector’s
counsel.
To be considered by the Court, you must file your complete objection with the Clerk of Court by October 16,
2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and
counsel for Defendant.
Clerk of the Court Settlement Administrator
Clerk of the Court ACPHS Data Security Incident Settlement
16 Eagle St. c/o Settlement Administrator
Albany, NY 12207 P.O. Box 25226
Santa Ana, CA 92799-9958
Class Counsel Counsel for Defendant
Tyler J. Bean Casie D. Collignon
SIRI & GLIMSTAD LLP BAKER & HOSTETLER LLP
745 Fifth Ave., Ste. 500 1801 California St., Ste. 4400
New York, NY 10151 Denver, CO 80202
Brittany Resch
STRAUSS BORRELLI PLLC
980 N. Michigan Ave., Ste. 1610
Chicago, IL 60611
Leigh S. Montgomery
EKSM, LLP
4200 Montrose Blvd., Ste. 200
Houston, TX 77006
Levin, et al. v. Albany College of Pharmacy and Health Sciences Page 8 of 10
CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
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 Final Approval Hearing
18. When is the Court’s Final Approval Hearing?
The Court will hold a Final Approval Hearing on December 10, 2026, at 10:00 a.m. Eastern Time, in the
Supreme Court of Albany County, New York, at 16 Eagle Street, Albany, NY 12207. The Final Approval Hearing
may also be held remotely.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also
decide whether to approve Class Counsel’s request for attorneys’ fees and costs, and whether to award
Service Awards to the Class Representatives. 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 location, date, or time of this hearing may change without further notice. Please check
www.AlbanyCollegeSettlement.com 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, 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.
If I Do Nothing
20. What happens if I do nothing at all?
If you do nothing, you will not receive a Settlement Class Member Benefit.
You will also give up the rights described in Question 8.
Getting More Information
21. How do I get more information?
This Notice is a summary of the proposed Settlement. The full Settlement Agreement and other related
documents are available at the Settlement Website, www.AlbanyCollegeSettlement.com.
If you have additional questions, you can ask for free help any time by contacting the Settlement
Administrator at:
Levin, et al. v. Albany College of Pharmacy and Health Sciences Page 9 of 10
CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
• Email: [email protected]
• Call toll free, 24/7: (833) 360-6834
• By mail:
ACPHS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 16 Eagle
Street, Albany, NY 12207.
DO NOT CONTACT THE COURT, CLERK OF COURT, OR DEFENDANT’S COUNSEL REGARDING THIS
SETTLEMENT
Levin, et al. v. Albany College of Pharmacy and Health Sciences Page 10 of 10
CaseID: 9607
Questions? Call (833) 360-6834 Toll-Free or Visit www.AlbanyCollegeSettlement.com
