1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement Class Member Benefit?
10. Are there any important Settlement Claim deadlines?
11. When will the Settlement Class Member Benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Supreme Court of Albany County, New York, authorized a notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all your options, before the Court decides whether to grant Final Approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No. 906277-25. It is pending in the Supreme Court of Albany County, New York. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Albany College of Pharmacy and Health Sciences, is called the “Defendant.”
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This lawsuit alleges that between August 2024 and September 2024, ACHPS became aware of a cybersecurity incident involving a criminal third party gaining unauthorized access to ACPHS's network. The Data Security Incident may have impacted Settlement Class Members’ Private Information. This information names, Social Security numbers, financial information, birth and marriage certificates, passport numbers, driver’s license numbers, health insurance information, medical information, and/or student information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out of the Settlement. In this Settlement, the Class Representatives are Robert Levin, Ruben Abraham; Abigayle Gonzalez, and Jack Sullivan. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All persons residing in the United States whose Private Information was potentially impacted as a result the Data Security Incident impacting ACPHS’s computer systems between August 31, 2024, and September 14, 2024.”
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Yes. Excluded from the Settlement Class are: (i) Defendant, its officers, directors, agents, affiliates, parents, subsidiaries, successors or assigns, or any entity in which Defendant has a controlling interest; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and immediate family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge.
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All Settlement Class Members may submit a claim to receive Credit Monitoring and one or more of the cash payment options. The Settlement Class Member Benefits are explained in more detail below.
Credit Monitoring. All Class Members are eligible to enroll in two years of CyEx Financial Shield Total. This comprehensive service comes with $1 million of financial fraud insurance, and includes monitoring for:
fraud or identity theft
unauthorized financial transactions
personal information associated with high-risk transactions
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
AND
Reimbursement for Documented Losses. If you incurred actual, documented out-of-pocket losses traceable to the Data Security Incident, you may submit a Claim not to exceed $5,000.00. The losses must have occurred between August 31, 2024, and November 16, 2026.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send documented proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a Valid Claim. Your proof or notes should show that your expenses were because of the Data Security Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Compensation for Lost Time. Class Members who spent time responding to the Data Security Incident may submit a Claim up to four hours, at $20.00 per hour, for a maximum of $80.00.
You must have spent the time on tasks related to the Data Security Incident. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Security Incident
You must attest that the time claimed was spent as a result of the Data Security Incident.
OR
Alternative Cash Payment. In lieu of submitting a Claim for Documented Losses or Lost Time, you may submit a Claim for a one-time cash payment of $25.00. You do not have to provide any proof or explanation to claim this payment.
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If you stay in the Settlement Class, you won’t be able to be part of any other lawsuit against ACPHS or any of Released Parties for any of the Released Claims this Settlement resolves. The “Releases” section of the Settlement Agreement (Section XI) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
ACPHS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online here, you must do so by November 16, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than November 16, 2026.
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The Court will hold a Final Approval Hearing on December 10, 2026 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants Final Approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Tyler J. Bean of Siri & Glimstad LLP; Brittany Resch of Strauss Borrelli PLLC; and Leigh S. Montgomery of EKSM, LLP, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve $300,000.00 as reasonable attorneys' fees and costs of litigation. If approved, this amount will be paid by ACPHS.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives, not to exceed $10,000.00. Any approved Service Award will also be paid by ACPHS.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion and is sometimes also called “opting out.” If you opt out, you will not receive Settlement Class Member Benefits. However, you will keep any rights you may have to sue ACPHS or any of the Released Parties related to the Released Claims resolved by this Settlement on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement Class Member Benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is October 16, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No. 906277-25, pending in the Supreme Court of Albany County, New York;
your full name, mailing address, telephone number, and email address;
personal signature;
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
ACPHS Data Security Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be submitted or postmarked by October 16, 2026.
You cannot opt out by telephone or by 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.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see FAQ 15).
You must provide the following information for the Court to consider your objection:
the name of the Action: Levin, et al. v. Albany College of Pharmacy and Health Sciences, Index No. 906277-25, pending in the Supreme Court of Albany County, New York;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
if you or your lawyer have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
whether or not you or your lawyer would like to speak at the Final Approval Hearing; and
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any objector or objector’s counsel.
To be considered by the Court, you must file your complete objection with the Clerk of Court by October 16, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator | Counsel for Defendants |
Clerk of the Court | ACPHS Data Security Incident Settlement | Casie D. Collignon |
Class Counsel | ||
Tyler J. Bean | Brittany Resch | Leigh S. Montgomery |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a Final Approval Hearing on December 10, 2026, at 10:00 a.m. Eastern Time, in the Supreme Court of Albany County, New York, at 16 Eagle street, Albany, NY 12207. The Final Approval Hearing may also be held remotely. At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide whether to approve Class Counsel’s request for attorneys’ fees and costs, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).
The location, date, or time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a Settlement Class Member Benefit. You will also give up the rights described in FAQ 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 16 Eagle Street, Albany, NY 12207.
Do not contact the Court, Clerk of Court, or Defendant’s Counsel regarding this Settlement.
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