Frequently Asked Questions
- Why did I receive a Notice?
- What is this lawsuit about?
- Why is there a Settlement?
- Why is this lawsuit a class action?
- How do I know if I am included in the Settlement?
- Are there exceptions to being included in the Settlement?
- What if I am still not sure whether I am part of the Settlement?
- What does this Settlement provide?
- What am I giving up to receive Settlement Class Member Benefits or stay in the Settlement Class?
- What are the Released Claims?
- How do I submit a Claim Form?
- What happens if my contact information changes after I submit a Claim Form?
- When will I receive my Settlement Class Member Benefits?
- How do I opt out of the Settlement?
- If I opt out, can I still get anything from the Settlement?
- If I do not opt out, can I sue the Defendants for the same thing later?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and opting out?
- Do I have a lawyer in the lawsuit?
- How will Class Counsel be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- How do I get more information about the Settlement?
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Why did I receive a Notice?
A court authorized the 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. The 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 Sanket J. Bulsara of the United States District Court for the Eastern District of New York is overseeing this class action. The lawsuit is known as In re ConnectOnCall.com Data Breach Litigation, Case No. 2:24-cv-08790 (“lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives,” and the companies sued, ConnectOnCall.com, LLC and Phreesia, Inc, are called the “Defendants.”
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What is this lawsuit about?
ConnectOnCall was an after-hours on-call answering service used by healthcare providers in the United States. On or about May 12, 2024, Defendants learned that an unknown threat actor gained access to the ConnectOnCall Platform between February 16, 2024, and May 12, 2024, and exfiltrated data within the ConnectOnCall Platform, including certain provider-patient communications.
On or about December 11, 2024, ConnectOnCall began notifying individuals who may have been impacted by the Data Incident.
The Plaintiffs filed this lawsuit against the Defendants on behalf of themselves and all others similarly situated asserting claims for negligence, negligence per se, breach of third-party beneficiary contract, invasion of privacy/intrusion upon seclusion, unjust enrichment, and declaratory judgment.
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Defendants deny the legal claims and deny any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendants, or that any law has been violated. Instead, the Plaintiffs and Defendants have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit. -
Why is there a Settlement?
The Plaintiffs and Defendants 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 Defendants. Instead, the Plaintiffs and Defendants have agreed to settle the lawsuit. The Class Representatives, Defendants, 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. .
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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 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.
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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 information may have been impacted in the Data Incident. The Data Incident means the cybersecurity incident that took place between February 16, 2024, and May 12, 2024, involving the ConnectOnCall Platform.
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Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Class are all persons who are (a) directors, officers, and employees of Defendants; and (b) the judges assigned to this Action, their immediate family, and Court staff.
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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 toll-free 1-877-313-8735.
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What does this Settlement provide?
A $4,950,000 Settlement Fund shall be established to pay: (a) all Valid Claims for Dark Web and Medical Data Monitoring and for Cash Payments; (b) all Settlement Administration Costs; and (c) any Court-awarded attorneys’ fees, costs, and Service Awards to Class Representatives.
The amounts that will be paid from the Settlement Fund for Cash Payments and Dark Web and Medical Data Monitoring will be determined based on the number of Valid Claims for those Settlement Class Member Benefits.
Under the current scope of the Settlement and using reasonable assumptions of Valid Claims and other activity, total Settlement Administration Costs are estimated to be $490,000. Final Settlement Administration Costs could be lower or higher depending on factors like total number of Valid Claims filed.
The Settlement provides for the following Settlement Class Member Benefits:
Dark Web and Medical Data Monitoring
You are eligible for two years of Dark Web and Medical Data Monitoring through CyEx Medical Shield Complete. The Dark Web and Medical Data Monitoring will provide the following benefits: dark web monitoring, medical identity monitoring, real-time alerts, and insurance coverage for up to $1,000,000 for medical identity theft. The Dark Web and Medical Data Monitoring has an estimated value of $360.00 per two years per Settlement Class Member.
Cash Payment A – Documented Losses
If you have actual, documented, and unreimbursed costs, expenses, losses, or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of your Private Information attributed to the Data Incident, you are eligible to submit a Claim for a documented losses Cash Payment for up to $5,000, subject to the below requirements. To receive a documented loss payment, you must do the following:
- elect Cash Payment A on the Claim Form;
- attest under penalty of perjury to having communicated after-hours with a healthcare provider or their office between May 12, 2014, and May 12, 2024, and incurred documented losses attributed to the Data Incident; and
- provide a description of the documented losses along with supporting documentation that is not self-prepared.
You will not be reimbursed for losses if you have been reimbursed for the same losses by another source in connection with the identity protection and credit monitoring services offered as part of the notification letter provided by Defendants, or otherwise.
If you do not submit reasonable documentation supporting a loss, or if your Claim is rejected by the Settlement Administrator for any reason, and you fail to cure your Claim, the Claim will be converted to Cash Payment B – Alternate Cash.
Cash Payment B – Alternate Cash
Even if you do not have documented losses, you are eligible to submit a Claim for an alternate Cash Payment for a maximum amount of $75. To receive an alternate cash payment, you must do the following:
- elect Cash Payment B on the Claim Form;
- attest under penalty of perjury to having communicated after-hours with a healthcare provider or their office between May 12, 2014, and May 12, 2024
In the event the amount of Valid Claims exhausts the Settlement Fund, the amount of the Cash Payments will be reduced pro rata accordingly. For purposes of calculating whether any pro rata decrease to the amount of Cash Payments is necessary, the Settlement Administrator must distribute the funds in the Settlement Fund in the following order: (1) Dark Web and Medical Data Monitoring; (2) Cash Payment A – Documented Losses; and (3) Cash Payment B – Alternate Cash.
Attestation Regarding Security Measures
Prior to Final Approval, Defendants will provide Class Counsel with a written attestation regarding the security measures it implemented following the Data Incident. The attestation will indicate an estimate of the amount of money the Defendants have incurred or will incur in connection with the implemented or to-be-implemented measures. The costs of these measures are the responsibility of the Defendants and will not in any way reduce the Settlement Fund.
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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.”
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What are the Released Claims?
Section XIII 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 here. 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.
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How do I submit a Claim Form?
You must submit a timely and valid Claim Form to receive Dark Web and Medical Data Monitoring and/or Cash Payment as described above. Your Claim Form must be submitted online here by November 2, 2026, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked on or before November 2, 2026. Claim Forms are also available here, by calling 1-877-313-8735, or by writing to:
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Settlement Administrator
P.O. Box 4274
Portland, OR 97208-4274 -
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:
Back To TopConnectOnCall Data Incident
Settlement Administrator
P.O. Box 4274
Portland, OR 97208-4274 -
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 this Settlement Website for updates.
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How do I 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.
To opt out from the Settlement, you must mail a written opt-out request, which includes the following:
- Your name, address, telephone number, and email address (if any);
- Your personal physical signature; and
- 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 In re ConnectOnCall.com Data Breach Litigation.”
The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked on or before October 19, 2026:
ConnectOnCall Data Incident
Settlement Administrator
P.O. Box 4274
Portland, OR 97208-4274You cannot opt out (exclude yourself) by telephone or by email.
The opt-out request must be personally signed by you. Mass or class opt outs, or other purported group opt outs signed by an attorney or other person or entity in a representative capacity, are not permitted and will not be accepted.
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If I opt out, can I still get anything from the Settlement?
No. If you opt out, you will not be able to receive Dark Web and Medical Data Monitoring or Cash Payment, 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. If you opt out of the Settlement and submit a Claim Form, the opt-out will control and you will have waived any rights to Dark Web and Medical Data Monitoring or Cash Payment under the Settlement.
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If I do not opt out, can I sue the Defendants 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 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.
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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 file your timely written objection with the Court as provided below by October 19, 2026, and send by U.S. Mail to Class Counsel, Defendants’ Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as FedEx) by October 19, 2026, stating you object to the Settlement in In re ConnectOnCall.com Data Breach Litigation, Case No. 2:24-cv-08790.
To file an objection, you cannot exclude yourself from the Settlement Class, but you can submit a Claim Form. Your objection must include all of the following information:
- Your full name, mailing address, telephone number, and email address (if any);
- All grounds for your objection, accompanied by any legal support for the objection known to you or your counsel (if any);
- The identity of all counsel (if any) who represents you, including any former or current counsel who may claim an entitlement to compensation for any reason related to the objection;
- The number of times in which your counsel and/or your counsel’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 counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;
- Whether you or your counsel will appear at the Final Approval Hearing;
- A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
- A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
- Your signature (an attorney’s signature is not sufficient).
Class Counsel and/or Defendants’ Counsel may conduct limited discovery on any objector or objector’s counsel, including the taking of depositions and propounding document requests.
To object, you must file your timely written objection with the Court by October 19, 2026, and send it by U.S. Mail to Class Counsel, Defendants’ Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as FedEx) no later than October 19, 2026, at the following addresses:
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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.
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Do I have a lawyer in the lawsuit?
Yes. The Court has appointed Jason P. Sultzer of Sultzer & Lipari, PLLC; Jeff Ostrow of Kopelowitz Ostrow P.A.; Mariya Weekes of Milberg PLLC; John A. Yanchunis of Morgan & Morgan; and Gerald D. Wells, III of Lynch Carpenter LLP 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
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How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award attorneys’ fees not to exceed $1,650,000, plus reimbursement of reasonable 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. 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.
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When will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on November 17, 2026, at 10:00 a.m. ET. before the Honorable Sanket J. Bulsara at the United States District Court for the New York Eastern District, 100 Federal Plaza, Central Islip, NY 11722. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to finally approve the Settlement and the 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 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. The Court may also decide to hold the hearing via video conference or by telephone. You should check this Settlement Website to confirm the date and time of the Final Approval Hearing have not changed.
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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.
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May I speak at the Final Approval Hearing?
If there are objections that were 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.
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How do I get more information about the Settlement?
The Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information by calling toll-free 1-877-313-8735, or by writing to:
ConnectOnCall Data Incident
Settlement Administrator
P.O. Box 4274
Portland, OR 97208-4274PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THE NOTICE.
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