NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Doe et al. v. Bayhealth Medical Center Inc., d/b/a Bayhealth
Case No. N24C-09-002 FJJ
Superior Court of the State of Delaware
IF YOU USED THE BAYHEALTH WEBSITE TO ACCESS THE BAYHEALTH
MYCHART PATIENT PORTAL, OR OTHERWISE ACCESSED THE
BAYHEALTH MYCHART PATIENT PORTAL, THROUGH BAYHEALTH WEB
PAGES BETWEEN JANUARY 1, 2019, AND DECEMBER 31, 2025,
A PROPOSED CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS,
AND ENTITLE YOU TO 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 Bayhealth Medical Center Inc., d/b/a Bayhealth (“Bayhealth”
or “Defendant”) in a class action lawsuit. This lawsuit concerned Bayhealth’s use of third-party
tracking technologies, called “tracking pixels,” on its web pages. The plaintiff claims that using
tracking pixels allegedly violated certain privacy laws.
• The lawsuit is called Doe et al. v. Bayhealth Medical Center Inc., d/b/a Bayhealth, Case No. N24C-
09-002 FJJ. It is pending in the Superior Court of Georgetown County, Delaware (the “Litigation”).
• Bayhealth 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.
• Bayhealth's records indicate that you are a Class Member and entitled to benefits under the
Settlement.
• 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 benefits or payments from this Settlement October 5, 2026
is by submitting a valid and timely Claim Form.
The fastest way to submit your Claim Form is online at
www.BayhealthPixelSettlement.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 September 4, 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 September 4, 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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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.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 ................................................ 5
THE LAWYERS REPRESENTING YOU ............................................................................... 6
EXCLUDING YOURSELF FROM THE SETTLEMENT ............................................................ 6
COMMENTING ON OR OBJECTING TO THE SETTLEMENT.................................................. 7
THE COURT’S FINAL APPROVAL HEARING ...................................................................... 8
IF I DO NOTHING ........................................................................................................... 8
GETTING MORE INFORMATION ...................................................................................... 8
Basic Information
1. Why was this Notice issued?
The Superior Court of the State of Delaware 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 Doe et al. v. Bayhealth Medical Center Inc., d/b/a Bayhealth, Case No. N24C-09-002 FJJ.
It is pending in the Superior Court of the State of Delaware. The people that filed this lawsuit are called the
“Plaintiffs” (or “Class Representatives”) and the company they sued, Bayhealth Medical Center Inc., d/b/a
Bayhealth, is called the “Defendant.”
2. What is this lawsuit about?
This lawsuit alleges that Bayhealth used third-party tracking technologies, called “tracking pixels,” on its
website in a way that violates certain privacy laws. Bayhealth denies that it did anything wrong.
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 Jane Doe; John Doe; and
Jack Doe. 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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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.com
Who is in the Settlement?
5. Who is included in the Settlement?
The court has defined the Class this way: “All Bayhealth patient portal users who have used the Bayhealth
Web Properties as of December 31, 2025.”
In this sentence, “Bayhealth Web Properties” means the webpages located at the domain
www.BayHealth.org, with a website “button” linking website users to the Bayhealth MyChart patient portals’
login webpage, as well as the Bayhealth MyChart patient portal itself, between January 1, 2019, and
December 31, 2025.
6. Are there exceptions to being included?
Yes. Excluded from the Class are: (1) Bayhealth and its officers, directors, and related companies; (2) anyone
who validly excludes themselves from the Settlement; 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) 421-7289
• By mail: Bayhealth Pixel Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also view the Settlement Agreement at www.BayhealthPixelSettlement.com.
The Settlement Benefits
7. What does the Settlement provide?
Bayhealth has agreed to pay for two benefits that are available to all Class Members.
You may file a claim for one or both of these benefits.
BENEFITS
Cy Ex Privacy Shield. All Class Members are eligible to enroll in one year of CyEx Privacy Shield.
This comprehensive service is designed to restore users' privacy and anonymity, and includes:
• Dark Web scanning
• compromised password scanning
• VPN, password manager, and other online privacy tools
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any
problems.
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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.com
Cash Payment. All Class Members may claim a one-time $25.00 cash payment. You do not have to
provide any proof or explanation to claim this payment.
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) 421-7289
• By mail: Bayhealth Pixel 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 Bayhealth about the issues
that this Settlement covers. The “Releases” section of the Settlement Agreement (Section IX) describes the
legal claims that you give up if you remain in the Class. The Settlement Agreement is available at
www.BayhealthPixelSettlement.com.
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.BayhealthPixelSettlement.com. If you prefer,
you can download a printable Claim Form from the website and mail it to the Settlement Administrator at:
Bayhealth Pixel 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) 421-7289, 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 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 October 29, 2026 at 10:00am (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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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.com
The Lawyers Representing You
12. Do I have a lawyer in the case?
Yes, the Court has appointed attorneys Raina C. Borrelli of Strauss Borrelli PLLC and Joshua Jacobson of
Jacobson Phillips PLLC, 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 $800,000.00 as reasonable attorneys' fees and costs of litigation.
This amount will be paid by Bayhealth.
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 Bayhealth.
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 Bayhealth 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 September 4, 2026.
To be valid, your Request for Exclusion must have the following information:
(1) the name of the Litigation: Doe et al. v. Bayhealth Medical Center Inc., d/b/a Bayhealth, Case No.
N24C-09-002 FJJ, pending in the Superior Court of the State of Delaware;
(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:
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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.com
Bayhealth Pixel Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be submitted, postmarked, or emailed by September 4, 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: Doe et al. v. Bayhealth Medical Center Inc., d/b/a Bayhealth, Case No.
N24C-09-002 FJJ, pending in the Superior Court of the State of Delaware;
(2) your full name, mailing address, telephone number, and email address;
(3) information that proves that you are a Class Member (such as a notice you have received);
(4) a clear description of all the reasons you object; include any legal support, such as documents,
you may have for your objection;
(5) if you have hired your own lawyer to represent you for this objection, provide their name, bar
number, contact information, and signature;
(6) if you or your lawyer have objected in any other cases in the past three years, list the names,
courts, and civil action numbers for each of those cases; and
(7) 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 September
4, 2026. You must also send a copy of the objection to the Settlement Administrator.
Clerk of the Court Settlement Administrator
Clerk of the Court Bayhealth Pixel Settlement
The Superior Court of the State of Delaware ATTN: Objections
500 N. King St. P.O. Box 25226
Wilmington, DE 19801 Santa Ana, CA 92799-9958
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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.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 Court’s Final Approval Hearing
18. When is the Court’s Final Approval Hearing?
The Court will hold a final approval on October 29, 2026 at 10:00am Eastern Time, in Courtroom 6A of the
Superior Court of the State of Delaware, at 500 N. King St., Wilmington, DE 19801.
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.BayhealthPixelSettlement.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.BayhealthPixelSettlement.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) 421-7289
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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.com
• By mail: Bayhealth Pixel 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, Superior
Court of the State of Delaware, at 500 N. King St., Wilmington, DE 19801.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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Questions? Call 1- (833) 421-7289 Toll-Free or Visit www.BayhealthPixelSettlement.com
