NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Clements v. Albany Gastroenterology Consultants, PLLC
Case No. 2026-008885-CA-01
Circuit Court of Miami-Dade County, Florida
IF YOUR PRIVATE INFORMATION WAS COMPROMISED IN THE
NOVEMBER 2024 ALBANY GASTROENTEROLOGY CONSULTANTS, PLLC,
DATA BREACH, A PROPOSED CLASS ACTION SETTLEMENT MAY AFFECT
YOUR RIGHTS, AND ENTITLE YOU TO BENEFITS AND A CASH PAYMENT.
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 Gastroenterology Consultants, PLLC (“Albany Gastro”
or “Defendant”) in a class action lawsuit. This case is about the targeted cyberattack on Albany
Gastro's computer systems that occurred in November 2024 (the “Data Breach”). Certain files that
contained private information were accessed.
• The lawsuit is called Clements v. Albany Gastroenterology Consultants, PLLC, Case No. 2026-
008885-CA-01. It is pending in the Circuit Court of Miami-Dade County, Florida (the “Litigation”).
• Albany Gastro denies that it did anything wrong, and the Court has not decided who is right.
• The parties have agreed to settle the lawsuit (the “Settlement”) to avoid the costs and risks,
disruptions, and uncertainties of continuing the Litigation.
• Albany Gastro's records indicate that you are a Class Member, and entitled to benefits under the
Settlement. You may have received a previous notice directly from Albany Gastro.
• Your rights are affected whether you act or don’t act. Please read this Notice carefully and
completely.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
SUBMIT A CLAIM The only way to receive payments from this Settlement is by October 5, 2026
submitting a valid and timely Claim Form.
The fastest way to submit your Claim Form is online at
www.AlbanyGastroDataSettlement.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 benefit August 21, 2026
SETTLEMENT or payment. This option allows you to sue, continue to sue, or be
part of another lawsuit against the Defendants related to the legal
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 August 21, 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 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
related to the legal 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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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
COMMENTING ON OR OBJECTING TO THE SETTLEMENT.................................................. 7
THE COURT’S FINAL APPROVAL HEARING ...................................................................... 8
IF I DO NOTHING ........................................................................................................... 9
GETTING MORE INFORMATION ...................................................................................... 9
Basic Information
1. Why was this Notice issued?
The Circuit Court of Miami-Dade County, Florida, authorized this 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. This Notice explains the lawsuit, your legal rights, what
benefits are available, and who can receive them.
The lawsuit is called Clements v. Albany Gastroenterology Consultants, PLLC, Case No. 2026-008885-CA-
01. It is pending in the Circuit Court of Miami-Dade County, Florida. The people that filed this lawsuit are
called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Albany Gastroenterology
Consultants, PLLC, is called the “Defendant.”
2. What is this lawsuit about?
This lawsuit alleges that during a targeted cyberattack on Albany Gastro's computer systems in November
2024, certain files that contained private information were accessed.
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 from the settlement. In this Settlement, the Class Representatives are Clements; Jessica Fasani;
and Connie Cappello. 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 attorney think the Settlement is best for all Class Members.
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Who is in the Settlement?
5. Who is included in the Settlement?
The court has defined the Class this way: “All Persons who received direct notice that their Private Information
may have been compromised as a result of the Data Breach.”
6. Are there exceptions to being included?
Yes. Excluded from the Class are: (1) Albany Gastro and its officers, directors, and related companies; (2)
governmental entities; and (3) the Judge in this case, and the Judge’s family and staff.
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: 1-(833) 421-7305
• By mail: Albany Gastro Data Breach Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also view the Settlement Agreement at www.AlbanyGastroDataSettlement.com.
The Settlement Benefits
7. What does the Settlement provide?
All Settlement Class Members will automatically receive an enrollment code for Credit Monitoring and may
claim one or more of the Cash Payment options. The benefits are explained in more detail below.
CREDIT MONITORING. All Class Members are eligible to enroll in two years of CyEx Medical Shield
Complete. This comprehensive service comes with $1 million of medical identity theft insurance, and
includes monitoring for:
• healthcare insurance ID exposure
• Medical Record Number (MRN) exposure
• unauthorized Health Savings Account (HSA) spending
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Settlement Class Members were mailed their enrollment codes. You do NOT need to submit a claim to
receive Credit Monitoring. If you believe you are a Settlement Class Member but did not receive an
enrollment code, please contact the Settlement Administrator. Once the Settlement is finally approved and
other conditions are satisfied, you will be able to use your enrollment code to activate Credit Monitoring. The
enrollment website is http://app.medicalshield.cyex.com/enrollment/activate/agc.
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CASH BENEFITS OPTIONS
Cash Payment A – Compensation for Out-of-Pocket Expenses. If you incurred actual, documented
out-of-pocket losses due to the Data Breach, you can get back up to $2,500.00. The losses must have
occurred between November 10, 2024, and October 5, 2026.
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 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 Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Cash Payment B – Alternative Cash Payment. Instead of Cash Payment A, you may claim a one-time
cash payment. This payment is expected to be $10.00, but may be larger or smaller depending on the
total claims filed.
You do not have to provide any proof or explanation to claim this payment.
There is a cap of $200,000.00 on these cash benefits, with a $100,000.00 cap for Cash Payment A
and $100,000.00 cap for Cash Payment B. This means that if the total value of benefits claimed from
either Option is over $100,000.00, everyone’s payments for that Option will be reduced pro rata so
that they add up to $100,000.00.
A full description of how this works is available in Settlement Agreement, at
www.AlbanyGastroDataSettlement.com.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement
Administrator at:
• Email: [email protected]
• Call toll free, 24/7: 1-(833) 421-7305
• By mail: Albany Gastro Data Breach 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 class, you won’t be able to be part of any other lawsuit against Albany Gastro about the issues
that this Settlement covers. 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.AlbanyGastroDataSettlement.com.
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Submitting a Claim Form for a Settlement Payment
9. How do I submit a claim for a Settlement benefit?
The fastest way to submit your Claim Form is online at www.AlbanyGastroDataSettlement.com. If you prefer,
you can download a printable Claim Form from the website and mail it to the Settlement Administrator at:
Albany Gastro Data Breach 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,
1-(833) 421-7305, by email [email protected], or by U.S. mail at the address above.
10. Are there any important Settlement payment deadlines?
If you are submitting a Claim Form online, you must do so by October 5, 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 October 5, 2026.
11. When will the Settlement benefits be issued?
The Court will hold a final approval hearing on September 22, 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 the law firm of Shamis & Gentile, P.A. and Edelsberg Law, P.A., 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 attorney's fees and costs of litigation.
This amount will be paid by Albany Gastro.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives.
Service Award payments will also be paid by Albany Gastro.
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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 benefits or payment. However, you will keep any rights you may have to sue Albany Gastro on your
own about the legal issues in this case.
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 August 21, 2026.
To be valid, your Request for Exclusion must have the following information:
(1) the name of the Litigation: Clements v. Albany Gastroenterology Consultants, PLLC, Case No.
2026-008885-CA-01, pending in the Circuit Court of Miami-Dade County, Florida;
(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:
Albany Gastro Data Breach Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be submitted, postmarked, or emailed by August 21, 2026.
Commenting on or 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)
You must provide the following information for the Court to consider your objection:
(1) the name of the Litigation: Clements v. Albany Gastroenterology Consultants, PLLC, Case No.
2026-008885-CA-01, pending in the Circuit Court of Miami-Dade County, Florida;
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(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) whether or not you or your lawyer would like to speak at the Final Approval Hearing;
(7) if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a
full list of both; 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.
To be considered by the Court, you must file your complete objection with the Clerk of Court by August 21,
2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and
counsel for Defendants.
Clerk of the Court Settlement Administrator
Clerk of the Court Albany Gastro Data Breach Settlement
Miami-Dade County Courthouse ATTN: Objections
73 W Flagler Street P.O. Box 25226
Miami, FL 33130 Santa Ana, CA 92799-9958
Class Counsel Counsel for Defendants
Tonyia J. Johnson Joel C. Griswold
SHAMIS & GENTILE P.A. BAKER & HOSTETLER LLP
14 NE 1st Avenue, Suite 705 One North Wacker Drive
Miami, FL 33132 Suite 3700
Chicago, IL 60606
Scott Edelsberg
EDELSBERG LAW, P.A.
20900 NE 30th Ave, #417
Aventura, FL 33180
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.
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The Court’s Final Approval Hearing
18. When is the Court’s Final Approval Hearing?
The Court will hold a final approval on September 22, 2026 at 9:00 A.M. Eastern Time, in Room [Court Room]
of the Circuit Court of Miami-Dade County, Florida, at Miami-Dade County Courthouse, 73 W. Flagler Street,
Miami, FL 33130.
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 Award payments 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 date and time of this hearing may change without further notice. Please check
www.AlbanyGastroDataSettlement.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 benefit from this Settlement.
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.AlbanyGastroDataSettlement.com.
If you have additional questions, you can ask for free help any time by contacting the Settlement
Administrator at:
• Email: [email protected]
• Call toll free, 24/7: 1-(833) 421-7305
• By mail: Albany Gastro Data Breach Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, Miami-Dade
County Courthouse, 73 W. Flagler Street, Miami, FL 33130.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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