The proposed settlement establishes a $2,999,750.00 fund for people sent notice of the ModMed data incident. Claims can include two years of medical data monitoring plus either up to $5,000.00 for documented losses or an estimated $75.00 payment, by November 2, 2026. The court has not yet approved the settlement.

Benefit Summary
Settlement Class Members: Living individuals residing in the United States who were sent a Data Incident notice stating that their Private Information was affected. Excluded are ModMed directors, officers, and agents; their subsidiaries’ and affiliated companies’ directors, officers, and agents; governmental entities; the assigned judge, that judge’s immediate family, and court staff; and people who timely and validly opt out.
Medical monitoring and documented-loss payment: These benefits can combine when their individual eligibility and claim requirements are met. Two years of CyEx Medical Shield Complete, including medical identity-theft insurance of $1 million with no deductible, monitoring with one credit bureau, dark-web scanning, security-freeze assistance, and identity-theft assistance. Activation codes will be distributed only if final approval is granted and any appeals are resolved. Up to $5,000 for actual, documented out-of-pocket losses related to the Data Incident that occurred from July 9, 2025 through November 2, 2026. Covered examples include identity-theft or fraud losses, certain credit-related fees, ID replacement costs, and postage for contacting banks. Expenses already reimbursed from another source, including the monitoring and identity-protection product offered with ModMed’s notification letter, are not reimbursed. Reasonable third-party documentation is required. If documentation is not submitted, or a claim is rejected and not cured, the claim is treated as an election of Alternate Cash.
Medical monitoring and alternate cash: These benefits can combine when their individual eligibility and claim requirements are met. Two years of CyEx Medical Shield Complete, including medical identity-theft insurance of $1 million with no deductible, monitoring with one credit bureau, dark-web scanning, security-freeze assistance, and identity-theft assistance. Activation codes will be distributed only if final approval is granted and any appeals are resolved. A one-time estimated $75 cash payment. No proof or explanation is required for this payment. The payment may be slightly higher or lower depending on the number and total value of cash-payment claims.
Choose one of these benefit packages; they are alternatives for this group.
The fund first pays court-approved attorneys’ fees and costs and settlement-administration costs. The remaining net fund pays settlement benefits. Cash payments may be slightly higher or lower depending on the number and total value of cash-payment claims.
Available Awards
Up to $5,000 documented losses OR Estimated $75 alternate cash
Who Is Included
Living U.S. residents who received a Data Incident notice indicating that their Private Information was affected, subject to the stated exclusions.
- Proof required: For documented-loss payment claims, submit reasonable third-party records supporting expenses paid, such as telephone records, emails or other correspondence, or receipts. A personal certification, declaration, or affidavit alone is not enough, though it may clarify other records. Alternate Cash requires no proof or explanation.
Claim and Payment Information
- Claim method: Online submission or U.S. mail
- Claim deadline: 2026-11-02
- Instructions: Submit one signed Claim Form online or by U.S. mail. Include reasonable third-party records for documented-loss reimbursement. The online form uses the LoginID and PIN from the settlement notice; a printable form is available for mail submissions.
Questions & Answers
Can I receive medical monitoring and a cash payment?
Yes. A class member may enroll in the medical monitoring and also choose a cash payment. The two cash payments are alternatives, so you choose either the documented-loss option or the Alternate Cash option. A valid, timely Claim Form is required to receive settlement benefits.
- Two years of CyEx Medical Shield Complete.
- One cash choice: either documented-loss reimbursement or the Alternate Cash payment.
What does the two-year medical monitoring benefit include?
The monitoring benefit is CyEx Medical Shield Complete for two years. The notice describes medical identity-theft coverage and services intended to help spot and address possible misuse of personal information. If the settlement receives final approval and any appeals are finished, activation codes will be distributed.
- $1 million in medical identity-theft insurance with no deductible.
- Monitoring with one credit bureau and dark-web scanning.
- Security-freeze help and identity-theft victim assistance.
What losses may qualify for the up-to-$5,000 documented-loss payment?
The documented-loss option can reimburse actual out-of-pocket losses related to the Data Incident, up to $5,000. The loss must have occurred from July 9, 2025, through November 2, 2026. The listed expenses are examples rather than a complete list.
- Identity-theft or fraud losses.
- Fees for credit reports, credit monitoring, or credit freezes and unfreezes.
- Costs to replace identification documents.
- Postage used to contact banks by mail.
What proof do I need for documented losses, and what happens if my claim is not accepted?
You need reasonable third-party documentation showing expenses you paid. The settlement does not reimburse the same expense if another source already reimbursed it, including the credit-monitoring and identity-theft product offered with ModMed’s notification letter. If a documented-loss claim is denied and not cured, or lacks the required documentation, it will be handled as a request for Alternate Cash instead.
- Third-party records created at the time of the expense, such as receipts, telephone records, or correspondence including emails.
- A personal statement may add context, but it cannot be the only supporting record.
Is the $75 Alternate Cash payment guaranteed to be exactly $75?
Alternate Cash is a one-time payment for class members who choose that option. Its final amount is not fixed because it depends on the number of cash claims and their total value.
- The payment is estimated at $75.
- No proof or explanation is required.
- The actual payment can be somewhat higher or lower.
When will payments and medical-monitoring activation codes be sent?
There is no promised payment date in the notice. The final approval hearing is scheduled for November 17, 2026, but that hearing does not itself mean payments will be sent then. Benefits and monitoring activation codes are to be distributed only after final approval and the resolution of any appeals.
- The Court must grant final approval.
- Any appeals must be resolved before distribution.
- The notice does not give a specific payment or activation-code date.
What happens if I opt out, and what must an Opt-Out Request include?
Opting out means leaving the settlement. The notice says an Opt-Out Request must be submitted, postmarked, or emailed by October 19, 2026, although its opt-out section immediately supplies a mailing address. The official FAQ checked September 9, 2026 also says a request may be postmarked or emailed by that date. Confirm the delivery address with the Settlement Administrator before relying on email. If you do not opt out, you remain in the settlement unless otherwise excluded and give up the settlement-related rights described in the release.
- You receive no settlement benefits.
- You keep any rights you may have to bring your own case against ModMed about the legal issues involved.
- Your request must identify the case, give your contact information, be personally signed, and clearly say that you do not want to participate.
- You may exclude only yourself, not another person.
What is required to object to the settlement?
Objecting asks the Court not to approve some or all of the settlement. You may object only if you stay in the settlement; a person who opts out cannot object. The complete objection must be filed by October 19, 2026, and the notice says every listed requirement must be met for it to be valid.
- File a complete objection with the Clerk of Court.
- Send a copy to the Settlement Administrator, Class Counsel, and ModMed’s counsel.
- Include your contact information, reasons for objecting, your signature, and the additional information the notice requires about prior objections, counsel, possible witnesses, artificial-intelligence use, and planned appearance at the hearing.
What types of private information may have been involved in the Data Incident?
The notice says the accessed files may have contained these categories of private information. It does not say that every listed type of information was involved for every person who received notice.
- Full name, address, date of birth, phone number, email address, Social Security number, health-insurance information, and medical information may have been in the accessed files.
- The medical information examples include medical record and patient account numbers, service dates, provider and practice names, billing or diagnostic codes, medication information, and diagnosis and treatment information.
When is a mailed claim due?
Submit an online claim by November 2, 2026. The settlement notice says a mailed claim must be postmarked by that date, while the official six-page Claim Form says the administrator must receive it by that date. Because those primary documents use different mailing standards, mail early and confirm the requirement with the Settlement Administrator at (833) 421-7331 or [email protected].
How can a cash payment be delivered?
The official Claim Form says checks will not be sent. Claimants choosing a cash benefit select PayPal, Venmo, Zelle, or a virtual prepaid card and provide the matching email address or telephone number requested by the form.
Other Important Dates
- Exclusion deadline: 2026-10-19
- Objection deadline: 2026-10-19
- Final approval hearing: November 17, 2026 at 2:30 p.m. Eastern Time
- Hearing location: United States District Court for the Southern District of Florida, Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, West Palm Beach, FL 33401
Case Details
- Total settlement fund: $2,999,750.00
- Case name: Cavallaro-Kearins v. Modernizing Medicine, Inc.
- Case number: 9:25-cv-81443-EA
- Court: United States District Court for the Southern District of Florida
- Administrator: Settlement Administrator
- Official Settlement Website: https://www.modernizingmedicinedatasettlement.com/
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits