AM8581 v.01
If your Private Information was compromised in the Data Incident
involving DAP Health, Inc., in July 2024, you may be entitled to
Settlement Class Member Benefits from a Settlement.
A court has authorized this Notice. This is not a solicitation from a lawyer.
A $1.3 million Settlement has been reached in a class action lawsuit against DAP Health, Inc.
(“Defendant”) regarding a cybersecurity incident (“Data Incident”) took place in July 2024 involving
Defendant and resulting in the potential unauthorized access to or acquisition of Settlement Class
members’ Private Information. The Private Information means information collected and/or
maintained by Defendant, including, but is not limited to, names, Social Security numbers,
addresses, dates of birth, phone numbers, driver’s license numbers, passport numbers, birth
certificate numbers, vehicle license plate and VIN numbers, financial account numbers,
Medicare/Medicaid numbers, health insurance plan and policy numbers, medical diagnoses,
medical procedures and treatments, procedure/treatment dates and locations, treatment costs,
laboratory test results and images, vital signs records, medical histories, allergies, prescription
drugs taken and written, medical provider names, and other sensitive data.
The Settlement Class includes: all individuals in the United States whose Private Information was
compromised in the Data Incident, including all individuals who received notice of the Data
Incident and who have not opted-out of the Settlement.
If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement
Class Member Benefits:
Documented Loss Payment: You may submit a Claim Form and provide reasonable
documentation for up to $5,000 per Settlement Class Member; AND
Pro Rata Cash Payment: In addition to the Documented Loss Payment, without providing
documentation, you may submit a Claim Form to receive a pro rata (a legal term meaning equal
share) cash payment in the estimated amount of $25; AND
California Statutory Cash Payment: If you were a resident of California on July 22, 2024, you
may submit a Claim Form for an additional cash payment of $75; AND
Credit and Medical Record Monitoring Services - In addition to the cash payments listed
above, you may also submit a Claim Form to receive two years of free credit and medical record
monitoring services.
Your cash payment may be subject to a pro rata (a legal term meaning equal share) decrease
depending upon the total value of all Valid Claims.
This Notice may affect your rights. Please read it carefully.
Your Legal Rights and Options Deadline
Submit a The only way to get Settlement Class Member Benefits Submitted or Postmarked by:
Claim Form is to submit a timely and valid Claim Form. October 21, 2026
Get no Settlement Class Member Benefits. Keep your
Exclude right to file your own lawsuit against the Released Postmarked by:
Yourself Parties about the Released Claims that are released by September 1, 2026
the Settlement in this lawsuit.
Object to the Stay in the Settlement but tell the Court why you do not Filed by:
agree with the Settlement. You will still be bound by the
Settlement
Settlement if the Court approves it. September 1, 2026
Get no Settlement Class Member Benefits. Give up your
Do Nothing
legal rights.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court must decide whether to approve the Settlement, attorneys’ fees, costs, and Service Awards.
No Settlement Class Member Benefits will be provided unless the Court approves the Settlement.
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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BASIC INFORMATION
1. Why is this Notice being provided?
A court authorized this Notice because you have the right to know about the Settlement of this class
action lawsuit and about all of your rights and options before the Court decides whether to grant final
approval to the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what
Settlement Class Member Benefits are available, who is eligible for the Settlement Class Member
Benefits, and how to get them.
The Honorable Harold W. Hopp of the Superior Court of California for the County of Riverside is
overseeing this class action. The lawsuit is known as Donald Crosslin and Matthew Paone v. DAP
Health, Inc., Case No. CVRI2500186 (“lawsuit”). The individuals who filed this lawsuit are called
the “Plaintiffs” and/or “Class Representatives” and the company sued, DAP Health, Inc., is called the
“Defendant.”
2. What is this lawsuit about?
Plaintiffs filed this lawsuit against Defendant on behalf of themselves and all others similarly situated
regarding a cybersecurity incident (“Data Incident”) took place in July 2024 involving Defendant and
resulting in the potential unauthorized access to or acquisition of Settlement Class members’ Private
Information. The Private Information means information collected and/or maintained by Defendant,
including, but is not limited to, names, Social Security numbers, addresses, dates of birth, phone
numbers, driver’s license numbers, passport numbers, birth certificate numbers, vehicle license plate
and VIN numbers, financial account numbers, Medicare/Medicaid numbers, health insurance plan and
policy numbers, medical diagnoses, medical procedures and treatments, procedure/treatment dates and
locations, treatment costs, laboratory test results and images, vital signs records, medical histories,
allergies, prescription drugs taken and written, medical provider names, and other sensitive data.
Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made
any determination of any wrongdoing by Defendant, or that any law has been violated. Instead,
Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing
the lawsuit.
3. Why is the lawsuit a class action?
In a class action, one or more people (called class representatives) sue on behalf of all people who
have similar legal claims. Together, all these people are called a class or class members. One court
resolves the issues for all class members, except for those class members who timely exclude
themselves (opt-out) from the class.
4. Why is there a Settlement?
Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not
gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and
Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers
believe the Settlement is best for the Settlement Class because of the Settlement Class Member
Benefits available and the risks and uncertainty associated with continuing the lawsuit.
The Court already has preliminarily approved the Settlement. This means the Court has determined
there is sufficient evidence to suggest the Settlement is fair, reasonable, and adequate. Because the
settlement of a class action determines the rights of all members of the Settlement Class, the Court
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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overseeing this lawsuit must give final approval to the Settlement Agreement before it can be
effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so
that members of the Settlement Class may be given notice and the opportunity to exclude themselves
from the Settlement Class, or object to the Settlement. If the Court does not grant Final Approval to
the Settlement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and
the lawsuit will continue as if there is no settlement
WHO IS INCLUDED IN THE SETTLEMENT?
5. How do I know if I am included in the Settlement?
The Settlement Class includes: all individuals in the United States whose Private Information was
compromised in the Data Incident, including all individuals who received notice of the Data Incident
and who have not opted-out of the Settlement.
6. Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Class are: (a) the Judges presiding over the lawsuit, Class Counsel,
and members of their families; (b) Defendant and its subsidiaries, parent companies, successors,
predecessors, and any entity in which Defendant or its parents, have a controlling interest, and its
current or former officers and directors; (c) Persons who properly execute and submit a Request for
Exclusion prior to the expiration of the Opt-Out Period; and (d) the successors or assigns of any such
excluded Persons.
7. What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class member, you may go to
www.DAPDataSettlement.com or call toll-free 1-877-269-0487.
THE SETTLEMENT BENEFITS
8. What does the Settlement provide?
If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement
Benefits:
Documented Loss Payment: You may submit a Claim Form and provide reasonable documentation
for up to $5,000 per Settlement Class Member.
Examples of reasonable documentation include (but are not limited to): credit card statements, bank
statements, invoices, telephone records, photographs, and receipts. Documented Losses cannot be
documented solely by a personal certification, declaration, or affidavit from you; you must provide
supporting documentation in addition to any such certification, declaration, or affidavit. “Self-
prepared” documents such as handwritten receipts, by themselves, do not constitute reasonable
documentation, but can be considered to add clarity or support to other submitted documentation.
If you do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as
determined by the Settlement Administrator, and you do not cure your Claim Form, your Claim Form
will be treated as if you elected to receive the Pro Rata Cash Payment.
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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Pro Rata Cash Payment: In addition to the Documented Loss Payment, without providing
documentation, you may submit a Claim Form to receive a pro rata (a legal term meaning equal share)
cash payment in the estimated amount of $25.
California Statutory Cash Payment: In addition to Documented Loss Payment and Pro Rata Cash
Payment, if you were a resident of California on July 22, 2024, and Defendant sent you Notice, you
may submit a Claim Form for an additional cash payment of $75.
Credit and Medical Record Monitoring Services - In addition to the cash payments listed above, you
may also submit a Claim Form to receive two years of free credit and medical record monitoring
services.
The Settlement Fund will be used for Administrative Expenses, attorneys’ fees and expenses, Service
Awards, the costs of Credit and Medical Record Monitoring, Valid Claims for Documented Loss
Payments, and Valid Claims for the California Statutory Cash Payment. The remaining amount is the
Net Settlement Fund. Pro Rata Cash Payments will be determined on a pro rata (a legal term meaning
equal share) basis paid from the Net Settlement Fund. If there is not enough money available in the
Settlement Fund to fully pay for Credit and Medical Record Monitoring Services, the coverage period
for these services will be shortened, and no payments will be made for Documented Loss Payments,
Pro Rata Cash Payments, or California Statutory Cash Payments. If Credit and Medical Record
Monitoring Claims and Documented Loss Claims together exceed available funds, Documented Loss
Payments will be reduced equally, and no Pro Rata Cash Payments or California Statutory Payments
will be made.
9. What am I giving up to receive Settlement Class Member Benefits or stay in the
Settlement Class?
Unless you exclude yourself (opt-out), you will remain in the Settlement Class. If the Settlement is
approved and becomes final, all Court orders and any judgments will apply to you and legally bind
you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released
Parties about the Released Claims in this lawsuit. The specific rights you are giving up are called
“Released Claims.”
10. What are the Released Claims?
Section 91 of the Settlement Agreement describes the Release, Released Claims and Released Parties,
in necessary legal terminology, so please read this section carefully.
Release Claims include any and all actual, potential, filed or unfiled, known or unknown, fixed or
contingent, claimed or unclaimed, suspected or unsuspected claims, demands, liabilities, rights,
causes of action, damages, punitive, exemplary or multiplied damages, expenses, costs, indemnities,
attorneys’ fees and/or obligations, whether in law or in equity, accrued or unaccrued, direct,
individual or representative, of every nature and description whatsoever, based on any federal, state,
local, statutory or common law or any other law, against the Released Parties, or any of them, arising
out of or relating to actual or alleged facts, transactions, events, matters, occurrences, acts,
disclosures, statements, representations, omissions or failures to act relating to the Data Incident and
claims made in the Complaint.
The Settlement Agreement and other court documents are available at
www.DAPDataSettlement.com. You may also obtain the pleadings in the Litigation and the
Settlement Agreement attached to the Declaration of John J. Nelson in support of Plaintiffs’ Motion
for Preliminary Approval filed in the Superior Court of California for the County of Riverside, located
at 4050 Main Street, Riverside, CA 92501 and accessible online via www.riverside.courts.ca.gov.
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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For questions regarding the Release, Released Claims, or Released Parties and what the language in
the Settlement Agreement means, you can also contact Class Counsel listed below for free, or you
can talk to your own lawyer at your own expense.
HOW TO GET BENEFITS FROM THE SETTLEMENT
11. How do I submit a Claim Form?
You must submit a timely and valid Claim Form to receive the Settlement Class Member Benefits as
described above. Your Claim Form must be submitted online at www.DAPDataSettlement.com by
October 21, 2026, or mailed to the Settlement Administrator at the address on the Claim Form,
postmarked by October 21, 2026. Claim Forms are also available at
www.DAPDataSettlement.com or by calling 1-877-269-0487 or by writing to:
DAP Data Incident
Settlement Administrator
PO Box 3245
Portland, OR 97208-3245
12. What happens if my contact information changes after I submit a Claim Form?
If you change your mailing address or email address after you submit a Claim Form, it is your
responsibility to inform the Settlement Administrator of your updated information. You may notify
the Settlement Administrator of any changes by writing to:
DAP Data Incident
Settlement Administrator
PO Box 3245
Portland, OR 97208-3245
13. When will I receive my Settlement Class Member Benefits?
If you submit a timely and valid Claim Form, Settlement Class Member Benefits will be provided
after the Settlement is approved by the Court and becomes final.
It may take time for the Settlement to be approved and become final. Please be patient and check
www.DAPDataSettlement.com for updates.
EXCLUDE YOURSELF OR OPT-OUT OF THE SETTLEMENT
If you are a member of the Settlement Class and want to keep any right you may have to sue or
continue to sue the Released Parties on your own about the legal claims in this lawsuit or the Released
Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—
or “opting-out” of—the Settlement.
14. How do I opt-out of the Settlement?
To exclude yourself from the Settlement, you must mail a written request for exclusion, which
includes the following:
1) The case name and number - Donald Crosslin and Matthew Paone v. DAP Health, Inc., Case
No. CVRI2500186 (Riverside Superior Court);
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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2) Your name, address, and telephone number;
3) Your personal physical signature; and
4) A statement that you want to be excluded from the Settlement Class, such as “I request to be
excluded from the Settlement Class in Donald Crosslin and Matthew Paone v. DAP Health,
Inc., Case No. CVRI2500186 (Riverside Superior Court).”
The exclusion request must be mailed to the Settlement Administrator at the following address, and
be postmarked by September 1, 2026:
DAP Data Incident
Settlement Administrator
PO Box 3245
Portland, OR 97208-3245
You cannot opt-out (exclude yourself) by telephone or by email.
Please note per the United States Postal Service, mail may not be postmarked the day it is deposited
in a mailbox or at a local post office. Postmarks occur when mail reaches a processing facility. To
meet a postmark deadline, mail at least a week prior to a postmark deadline, get a manual postmark
in-person at any post office, or send via Certified Mail.
“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.
15. If I opt-out can I still get anything from the Settlement?
No. If you opt-out, you will not be able to receive Settlement Class Member Benefits, and you will
not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement Class
Member Benefits if you stay in the Settlement and submit a timely and valid Claim Form.
16. If I do not opt-out, can I sue Defendant for the same thing later?
No. Unless you opt-out, you give up any right to sue any of the Released Parties for the legal claims
this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement,
proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue
with your own lawsuit or be part of any other lawsuit against the Released Parties about the Released
Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit
immediately.
OBJECTING TO THE SETTLEMENT
17. How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class member, you can tell the Court you do not agree with all or any part of
the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards.
To object, you must send your timely written objection to the Settlement Administrator as provided
below postmarked by September 1, 2026, stating you object to the Settlement in Donald Crosslin
and Matthew Paone v. DAP Health, Inc., Case No. CVRI2500186 (Riverside Superior Court).
To submit an objection, you cannot exclude yourself from the Settlement Class. Your objection must
include all of the following information:
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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1. The case name and number - Donald Crosslin and Matthew Paone v. DAP Health, Inc., Case
No. CVRI2500186 (Riverside Superior Court);
2. Your full name, current physical mailing address, and telephone number;
3. A statement indicating whether the objection applies only to you as the objector, a subset of
the Settlement Class, or the entire Settlement Class;
4. The specific grounds for the objection; and
5. All documents or writings that you as the objector desire the Court consider.
Your objection must be mailed to the Settlement Administrator at the following address, and be
postmarked by September 1, 2026:
DAP Data Incident
Settlement Administrator
PO Box 3245
Portland, OR 97208-3245
Please note per the United States Postal Service, mail may not be postmarked the day it is deposited
in a mailbox or at a local post office. Postmarks occur when mail reaches a processing facility. To
meet a postmark deadline, mail at least a week prior to a postmark deadline, get a manual
postmark in-person at any post office, or send via Certified Mail.
18. What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the Settlement. You can
object only if you stay in the Settlement Class. Opting-out is telling the Court that you do not want to
be part of the Settlement Class. If you opt-out, you cannot object because you are no longer part of
the Settlement.
THE LAWYERS REPRESENTING YOU
19. Do I have a lawyer in this lawsuit?
Yes. The Court has appointed John Nelson of Milberg, PLLC and Kristen Lake Cardoso of
Kopelowitz Ostrow P.A. as Class Counsel to represent you and the Settlement Class for the purposes
of this Settlement. You may hire your own lawyer at your own cost if you want someone other than
Class Counsel to represent you in this lawsuit.
20. How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award attorneys’ fees up to 1/3 of the Settlement
Fund (or $433,333.33), plus reimbursement of costs. Class Counsel will also ask the Court to approve
Service Awards for the Class Representatives of up to $5,000 each for their efforts. If awarded by the
Court, the attorneys’ fees and costs, and the Service Awards will be paid from the Settlement Fund.
The Court may award less than these amounts.
THE FINAL APPROVAL HEARING
The Court will hold a “Final Approval Hearing” to decide whether to approve the Settlement and
Application for Attorneys’ Fees, Costs, and Service Awards. You may attend and you may ask to
speak, but you do not have to.
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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21. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on October 1, 2026, at 8:30 a.m. before the
Honorable Harold W. Hopp in Department 1 at the Riverside Historic Courthouse at 4050 Main
Street, Riverside, CA 92501. At this hearing, the Court will consider whether the Settlement is fair,
reasonable, and adequate and decide whether to approve the Settlement and Class Counsel’s
Application for Attorneys’ Fees, Costs, and Service Awards.
If there are objections that were filed by the deadline, the Court will consider them. If you would like
to speak at the hearing, the Court may hear you or your lawyer speak.
Note: The date and time of the Final Approval Hearing are subject to change without further notice
to the Settlement Class. The Court may also decide to hold the hearing via video conference or by
telephone. You should check the Settlement Website www.DAPDataSettlement.com to confirm the
date and time of the Final Approval Hearing have not changed.
22. Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to
attend at your own expense. If you file an objection, you do not have to attend the Final Approval
Hearing to speak about it. As long as you file a written objection by the deadline, the Court will
consider it.
23. May I speak at the Final Approval Hearing?
Yes, you may speak at the hearing, but you do not have to. If there are objections that were filed by
the deadline, the Court will consider them. If you would like to speak at the hearing, the Court may
hear you speak.
GETTING MORE INFORMATION
24. How do I get more information about the Settlement?
This Notice summarizes the Settlement. Complete details about the Settlement are provided in the
Settlement Agreement. The Settlement Agreement and other related documents are available at
www.DAPDataSettlement.com. You may get additional information at
www.DAPDataSettlement.com, by calling toll-free 1-877-269-0487, or by writing to:
DAP Data Incident
Settlement Administrator
PO Box 3245
Portland, OR 97208-3245
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S
CLERK OFFICE REGARDING THIS NOTICE.
Questions? Go to www.DAPDataSettlement.com or call 1-877-269-0487
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