Frequently Asked Questions

The Court authorized this notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give “final approval” to the Settlement. This notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Pat Ballard, of the Circuit Court of Jefferson County, Alabama, is overseeing this case captioned as Tammy Brown, et al., v. Alabama Cardiology Group P.C. d/b/a Alabama Cardiovascular Group, Case No. 01-CV-2024-903135. The people who brought the lawsuit are called the Plaintiffs. The Plaintiffs are Tammy Brown, Vanessa Brooks, and Emily Smith Sanders. The entity being sued, Alabama Cardiology Group P.C. d/b/a Alabama Cardiovascular Group, is called the Defendant.

Pursuant to Ala. R. Civ. P. 23, the lawsuit claims that Defendant was responsible for the Cybersecurity Incident and asserts claims such as negligence, negligence per se, breach of contract, breach of implied contract, unjust enrichment, and breach of fiduciary duty.

Defendant denies these claims, including denying that it did anything wrong and denying that the Cybersecurity Incident caused any harm to any ACG patients or employees whose personal data may have been accessed or acquired in that incident. No court or other judicial entity has made any judgment, finding, or other determination that Defendant has any liability for these claims or did anything wrong.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called Class Members. One court resolves the issues for all Class Members, except for those who opt-out of the Settlement.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The Class Representatives appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a Settlement Class Member if you reside in the United States and received written notice from the Defendant that your Personal Information may have been compromised in the Cybersecurity Incident.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are (1) all persons who are directors, officers, and legal representatives of ACG; (2) governmental entities; (3) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (4) Settlement Class Members who submit a valid request to opt-out of the Settlement.

If you are not sure whether you are included in the Settlement, you may call 1-855-359-2114 with questions.  You may also write with questions to:

ACG Settlement Administrator
P.O. Box 5229
Baton Rouge, LA 70821
Or to
Info@AlabamaCardioDataSettlement.com

The Settlement provides that Defendant will pay $2,225,000.00 for the following: (a) Documented Loss Payment, which compensates Settlement Class Members up to $5,000.00 for unreimbursed losses; (b) Cash Fund Payment, which compensates Settlement Class Members with a flat pro rata cash payment; (c) two years of Credit Monitoring at Defendant’s expense; (d) all Settlement Administration Costs; and (e) any attorneys’ fees and cost awarded by the Court to Class Counsel.

The Cash Payments will be dispersed after the distribution of attorneys’ fees, Class Counsel’s litigation costs, Settlement Administration Costs, and the cost of Credit Monitoring. For purposes of calculating the amount of the increase or decrease to the Cash Payments, the Settlement Administrator must distribute the funds in the Net Settlement Fund first for payment of Credit Monitoring and then for Cash Payments. Any pro rata increases or decreases to Cash Payments will be on an equal percentage basis. In the unexpected event the value of the Credit Monitoring on its own exhausts the amount of the Net Settlement Fund, the length of the Credit Monitoring provided will be reduced as necessary to bring the cost within the Net Settlement Fund. Payment of (1) attorneys’ fees, costs, and expenses (see Question 19) and (2) the costs of notifying the Settlement Class and administering the Settlement will also be paid out of the Settlement Fund.

Settlement Class Members who submit a valid Claim are eligible to receive one of the following:

Documented Loss Payment:

Class Members may be reimbursed for actual, documented, unreimbursed losses resulting from the Cybersecurity Incident (up to $5,000.00 in total) that were incurred on or after July 2, 2024. To receive a Documented Loss Payment, a Class Member must: (i) submit a valid Claim Form electing to receive the Documented Loss Payment benefit; (ii) provide an attestation, under penalty of perjury, that the claimed loss is actual and unreimbursed; and (iii) provide Reasonable Documentation that demonstrates the Documented Loss to be reimbursed pursuant to the terms of the Settlement.

Examples of documented, unreimbursed losses may include:

• any costs incurred from credit monitoring services or ordering copies of your credit report;
• late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;
• late fees from transactions with third parties that were delayed due to fraud or card replacement;
• unauthorized charges on credit, debit, or other payment cards that were not reimbursed;
• parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
• costs incurred obtaining credit freezes;
• long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used);
• postage or gasoline for local travel;
• other expenses that are reasonably attributable to the Cybersecurity Incident that were not reimbursed; and
• any costs incurred from actual, documented and unreimbursed monetary loss due to fraud or identity theft not already covered by one or more of the prior loss categories that the Settlement Class Member made reasonable efforts to avoid or seek reimbursement for, including but not limited to exhaustion of all available credit monitoring assistance and identity theft insurance.

Cash Fund Payment: A pro rata Cash Payment. All Cash Payments may be adjusted upward or downward pro rata based on the value of all Valid Claims.

Credit Monitoring and Insurance Services (“CMIS”): Class Members may elect two years of CyEx Medical Shield Complete, which includes one credit bureau monitoring services and $1 million in identity theft insurance.

To receive a Settlement Class Member Benefit under the Settlement, you must complete and submit a Claim for that benefit (“Claim”). Every Claim must be made on a form (“Claim Form”) available HERE or by calling 1-855-359-2114. Claim Forms will also be sent to Settlement Class Members as part of the Postcard Notice and tear-off Claim Form that will be mailed, and by email for Settlement Class Members with available email addresses. Read the instructions carefully, complete the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

Pursuant to Ala. R. Civ. P. 23(c)(2)(C), a Class Member may enter an appearance through an attorney if the member so desires.

The Settlement Administrator, EisnerAmper, will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner, then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on March 20, 2026 at 10:00 a.m. CDT, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed.  Please be patient.

The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not opt-out of the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and others (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Breach. This release is described in the Settlement Agreement, which is available HERE. If you have any questions you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer at your own expense.

No. If you opt-out, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

No. Unless you opt-out, you give up any right to sue Defendant (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.

To opt-out, send a letter that says you want to be excluded, or opt-out, from the Settlement in Tammy Brown, et al., v. Alabama Cardiology Group P.C. d/b/a Alabama Cardiovascular Group, Case No. 01-CV-2024-903135 (Circuit Court of Jefferson County, Alabama). The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Settlement. You must mail your opt-out request postmarked by February 4, 2026, to:

ACG Settlement Administrator
Attn: Exclusion Request
P.O. Box 5229
Baton Rouge, LA 70821

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must submit a timely written notice of an objection in the appropriate form. It must be filed with or submitted to the Clerk of the Court, or mailed to the Settlement Administrator, Class Counsel, or Defense Counsel, on or before the Objection Deadline: February 4, 2026. The address for the Clerk of Court is Circuit Court Clerk of Jefferson County, 716 Richard Arrington, Jr. Blvd., Birmingham, AL, 35203.

Your objection must be written and must include all of the following: (a) identify the case name and number; (b) state the Class Member’s full name, current mailing address, and telephone number; (c) contain a statement by the Class Member that he or she believes themself to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., copy of the settlement notice, copy of the original notice of the Data Breach); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the Objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class, or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) include a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her choosing) intends to appear at the Final Approval Hearing; and (l) contain the signature of the Class Member or the Class Member’s duly authorized attorney or representative.

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Opting-out is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any of the Settlement Class Member Benefits from the Settlement. If you opt-out, then you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Jonathan S. Mann of Pittman, Dutton, Hellums, Bradley & Mann, P.C., Raina Borrelli of Strauss Borrelli PLLC, and Tyler J. Bean of Siri & Glimstad LLP as Class Counsel to represent the Class. Their contact information is listed above in Question 16.

If you want to be represented by your own lawyer, then you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys’ fees up to 33.33% of the Settlement Fund (approximately $741,659.25), plus reasonable costs. This payment for any attorneys’ fees and costs to Class Counsel will be made out of the Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Any award for attorneys’ fees and costs for Class Counsel must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s Motion for Final Approval of the Settlement will be filed no later than March 6, 2026, which will include their application for attorneys’ fees and costs. The Motion for Final Approval will be posted on the Settlement Website.

The Court will hold a Final Approval Hearing at 10:00 a.m. CDT on March 20, 2026, at the Jefferson County Courthouse, 716 Richard Arrington Jr. Blvd N., Room 340, Birmingham, AL 35203, or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees, reasonable costs and expenses, and any service awards. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking www.AlabamaCardioDataSettlement.com or calling 1-855-359-2114.

No. Class Counsel will present the Settlement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection must be filed with or submitted to the Clerk of the Court and/or Class Counsel and/or Defense Counsel, no later than February 4, 2026. See Question 16 for further details on the requirements for submitting an objection to the Settlement.

If you do nothing, you will not get a Cash Payment or Credit Monitoring from this Settlement. If the Settlement is granted Final Approval and the judgment becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims related to the Data Breach, ever again.

This notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available HERE. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-855-359-2114.