Frequently Asked Questions

  1. What is this lawsuit about?

    The Plaintiffs filed this lawsuit against the Defendant on behalf of themselves and all others similarly situated involving a Data Incident discovered on October 11, 2023, involving the Defendant and allegedly resulting in unauthorized access to or acquisition of Settlement Class Members’ Private Information.

    “Private Information” means the information collected by the Defendant pertaining to current and former employees and patients that was impacted in the Data Incident, which may include, depending on the impacted individual, names, home addresses, emails, other contact information, dates of birth, Social Security numbers, driver’s license numbers, passport numbers, Medical Record Numbers, Medicare or Medicaid ID numbers, other patient identifiers, other unique individual identifiers, financial account information, payment card information, diagnosis information, treatment information, patient imaging, occupational health information, biometric information, medical history, billing or claims information, health insurance subscriber numbers, health insurance group policy numbers, insurance benefits information, and/or electronic signatures.

    The Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by the Defendant, or that any law has been violated. Instead, the Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

    Back To Top
  2. Why is there a settlement?

    The Plaintiffs and the 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 the Plaintiffs or the Defendant. Instead, the Plaintiffs and the Defendant have agreed to settle the lawsuit. The Plaintiffs, the 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.

    Back To Top
  3. Why is this 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 of these people are called a class or class members, One court resolves the issues for all class members, except for those who timely exclude themselves (opt out) from the settlement class.

    Back To Top
  4. How do I know if I am included in the Settlement?

    You are included in the Settlement Class if you are a living individual residing in the United States whose Private Information may have been impacted in the Data Incident.

    Back To Top
  5. Are there exceptions to being included in the Settlement?

    Yes. Excluded from the Settlement Class are: (1) all persons who are directors, officers, or agents of the Defendant, or their respective subsidiaries and affiliated companies; (2) governmental entities; and (3) the Judge assigned to the lawsuit, that Judge’s immediate family, and Court staff.

    Back To Top
  6. 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 call 1-877-657-8732 toll-free.

    Back To Top
  7. What does this Settlement provide?

    If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement Class Member Benefits:

    Cash Payment – Documented Losses

    You may submit a Claim Form with detailed documentation for losses related to the Data Incident for up to $2,500 per Settlement Class Member.

    Examples of expenses incurred as a result of the Data Incident include (but are not limited to): unreimbursed losses relating to fraud or identity theft; costs associated with freezing or unfreezing credit with any credit reporting agency; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

    Examples of detailed documentation include (but are not limited to): telephone records, correspondence including emails, or receipts. Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute detailed documentation but may be included to provide clarification, context, or support for other submitted detailed documentation.

    You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the identity protection and credit monitoring services offered as part of the notification letter provided by the Defendant or otherwise.

    If you do not submit detailed 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 will be rejected.

    Medical Data Monitoring In addition to Cash Payment, you may also submit a Claim Form to receive one year of free Medical Data Monitoring. The monitoring product is CyEx’s Medical Shield Complete and includes monitoring by one bureau.

    Back To Top
  8. What am I giving up to receive Settlement Class Member Benefits and to stay in the Settlement?

    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.”

    Back To Top
  9. What are the Released Claims?

    Section XI of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available on the Documents page of this website. For questions regarding the Releases, 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.

    Back To Top
  10. How do I submit a Claim Form?

    You must submit a timely and valid Claim Form to receive any Settlement Class Member Benefits as described above. Your Claim Form must be submitted online here by 11:59 p.m. Eastern Time on November 30, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by November 30, 2025. Paper Claim Forms are available for download here, by calling 1-877-657-8732, or by writing to the following address:

    Akumin Data Incident
    Settlement Administrator
    PO Box 2079
    Portland, OR 97208-2079

    Back To Top
  11. 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 the following address:

    Akumin Data Incident
    Settlement Administrator
    P.O. Box 2079
    Portland, OR 97208-2079

    Back To Top
  12. When will I receive my Settlement Class Member Benefits?

    If you file a timely and valid Claim Form, the 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 here for updates.

    Back To Top
  13. How do I opt out of the Settlement?

    To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes

    1. your name, address, telephone number, and email address (if any);
    2. your personal physical signature; and
    3. a statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in the Akumin Data Breach.”

    The exclusion request must be mailed to the Settlement Administrator at the following address, postmarked by November 30, 2025:

    Akumin Data Incident
    Settlement Administrator
    P.O. Box 2079
    Portland, OR 97208-2079

    You cannot opt out (exclude yourself) by telephone or email.

    “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.

    Back To Top
  14. 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, but 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.

    Back To Top
  15. If I do not opt out, can I sue the Defendant for the same thing later?

    No. Unless you opt out, you give up any right to sue any of the Defendant and Released Parties for the legal claims this Settlement resolves and Releases, and you will be bound by all of the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Defendant and Released Parties about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.

    Back To Top
  16. How do I tell the Court 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 the Application for Attorneys’ Fees, Costs, and Service Awards.

    To object, you must file your timely written objection with the Court as provided below by November 30, 2025 and send copies by U.S. Mail to Class Counsel, the Defendant’s Counsel, and the Settlement Administrator stating that you object to the Settlement in: Gina Letizio, et al. v. Akumin Operating Corp., Case No. CACE-2025-011999.

    To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:

    1. Your full name, mailing address, telephone number, and email address (if any);
    2. The case name and number: Gina Letizio, et al. v. Akumin Operating Corp., Case No. CACE-25-011999.
    3. Documentation sufficient to establish membership in the Settlement Class, such as a copy of the Email Notice you may have received
    4. All grounds for the objection, accompanied by any legal support for the objection known to you as the objector or your own lawyer
    5. The number of times you have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which you have made such objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case
    6. The identity of all lawyers representing you, including any former or current lawyers who may be entitled to compensation for any reason related to the objection to the Settlement and/or the Application for Attorneys’ Fees, Costs, and Service Awards, and whether they will appear at the Final Approval Hearing;
    7. The number of times your lawyer or your lawyer’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which your lawyer or the firm has made such objection and a copy of any orders related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case
    8. A list of all persons who will be called to testify at the Final Approval Hearing in support of your objection (if any)
    9. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing
    10. Your signature as the objector (a lawyer’s signature is not sufficient).

    Class Counsel and/or the Defendant’s Counsel may conduct limited discovery on any objector or objector’s lawyer, including the taking of depositions and requiring the production of documents.

    To object, you must file your timely written objection with the Court by November 30, 2025, and send it by U.S. Mail private courier (such as Fed Ex) to Class Counsel, the Defendant’s Counsel, and the Settlement Administrator postmarked by November 30, 2025, at the following addresses:

    COURT CLASS COUNSEL DEFENDANT’S COUNSEL SETTLEMENT ADMINISTRATOR
    Clerk
    Circuit Court of Broward County
    201 SE 6th St.
    Fort Lauderdale, FL 33301
    Jeff Ostrow
    Kopelowitz Ostrow P.A.
    1 West Las Olas Blvd.
    Suite 500
    Fort Lauderdale, FL 33301

    Mariya Weekes
    Milberg Coleman Bryson
    Phillips Grossman PLLC
    333 SE 2nd Avenue
    Suite 2000
    Miami, FL, 33131
    Ian Ross
    iross@sidley.com
    1001 Brickell Bay Dr.
    Miami, FL 33131
    Akumin Data Incident
    Settlement Administrator
    PO Box 2079
    Portland, OR 97208-2079
    Back To Top
  17. 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.

    Back To Top
  18. Do I have a lawyer in the lawsuit?

    Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A. and Mariya Weekes of Milberg Coleman Bryson Phillips Grosman PLLC 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.

    Back To Top
  19. How will Class Counsel be paid?

    Class Counsel will file a motion asking the Court to award attorneys’ fees of up to $2,850,000, plus reimbursement of costs. Class Counsel will also ask the Court to approve the Service Awards for the Class Representatives of up to $2,500 each for their efforts. Defendant shall pay or cause to be paid any Court-approved attorneys' fees and costs or Service Awards. The Court may award less than these amounts.

    Back To Top
  20. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing on December 15, 2025, at 8:30 a.m. via Zoom Video Conference before the Honorable Michele Towbin Singer. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider approval of the Settlement and Class Counsel’s request for Attorneys’ Fees, Costs, and Service Awards. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear objections at the hearing.

    Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. Please check the Settlement Website from time to time to confirm that the date and time of the Final Approval Hearing has not changed.

    INVITATION AND INSTRUCTIONS TO JOIN

    JUDGE TOWBIN SINGER’S HEARING DOCKET VIA ZOOM VIDEO CONFERENCE:

    Join Zoom Meeting:https://zoom.us/j/91926028850 Meeting ID: 919 2602 8850

    All Zoom meetings now include toll-free numbers for Participants calling in by phone: (888) 475-4499, (833) 548-0276, (833) 548-0282, and (877) 853-5257 US Toll-free

    Meeting ID: 919 2602 8850 Your local number: +1 786 635 1003

    **If calling in by phone, you are automatically muted once you sign in. To unmute yourself please dial *6.

    Please Note: If you do not wish to appear by Zoom Video or do not have the technology, you may appear by phone by dialing in with one of the numbers provided above or by finding your Local Number and using the Meeting ID Code.

    Back To Top
  21. 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 your written objection by the deadline, the Court will consider it.

    Back To Top
  22. May I speak at the Final Approval Hearing?

    If any objections are filed by the deadline, the Court will consider them. If you file a timely objection and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear objections at the hearing.

    Back To Top