Frequently Asked Questions

The Court directed that the Notice is provided because you have a right to know about a proposed Settlement that has been reached in this proposed class action lawsuit and about all your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments and credit/medical monitoring codes that the Settlement allows. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them. The Court in charge of this case is the Circuit Court of Cook County, Illinois. The case is known as Pacheco, et al. v. Community First Healthcare of Illinois, Inc. d/b/a Community First Medical Center, No. 2023CH08487 (the “Litigation”). The people who filed the Litigation are called the Plaintiffs and the entity they sued, CFMC, is called the Defendant.

The Litigation alleges that Defendant was responsible for failing to prevent the Data Incident and alleges claims such as: (i) negligence; (ii) negligence per se; (iii) breach of fiduciary duty; (iv) breach of contract; (v) breach of implied contract; (vi) unjust enrichment; and (vii) violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. The Litigation seeks, among other things, payment for persons who allege they were injured by the Data Incident. 

Defendant has denied and continues to deny all of the claims made in the Litigation, as well as all charges of wrongdoing or liability against it.

In a class action, one or more people called Class Representatives sue on behalf of people who they allege have similar claims. Together, all these people are called a Class or Settlement Class Members. One Court and one judge resolve the issues for all Settlement Class Members, except for those who exclude themselves from the class.

The Court did not decide in favor of the Plaintiffs or Defendant. Instead, Plaintiffs negotiated a Settlement with Defendant that allows both Plaintiffs and Defendant to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain payment and credit/medical monitoring services without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. This Settlement does not mean that Defendant did anything wrong.

You are part of this Settlement as a Settlement Class Member if your personal information was potentially compromised in the Data Incident or you previously received a notification from Defendant pertaining to the Data Incident.

Yes. Specifically excluded from the Settlement Class are Community First Medical Center, Inc. and its parents, subsidiaries, officers and directors, and any entity in which CFMC has a controlling interest are excluded from the Settlement Class, as well as: (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the judges assigned to the Litigation and to evaluate the fairness, reasonableness, and adequacy of this settlement as well as their immediate family and staff; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.

Defendant will create a Settlement Fund of $1,000,000.00, which will be used to pay for: (i) reasonable Notice and Claims Administration Costs incurred pursuant to the Settlement Agreement as approved by the Parties and approved by the Court; (ii) any taxes owed by the Settlement Fund; (iii) any Service Awards approved by the Court; (iv) any attorneys’ fees, costs, and expenses as approved by the Court; and (v) any benefits to Settlement Class Members, pursuant to the terms and conditions of the Settlement. The benefits to Settlement Class Members are explained below:

Credit/Medical Monitoring and Identity Theft Protection Services: Settlement Class Members are eligible to receive one (1) year of three-bureau Credit/Medical Monitoring and Identity Theft Protection Services free of charge. The Credit/Medical Monitoring and Identity Theft Protection Services will have the following features, at minimum:

a. Real time monitoring of the credit file at all three major credit bureaus.

b. Identity theft insurance (no deductible) of $1,000,000.00.

c. Dark web monitoring.

d. Medical record monitoring.

e. Health insurance plan number monitoring.

f. Medical beneficiary identifier monitoring.

g. Health savings account monitoring; and

h. Access to fraud resolution agents to help resolve identity theft.

Alternative Cash Payment: As an alternative to a claim for Reimbursement for Out-of-Pocket Losses (described below), Settlement Class Members may submit a claim to receive a pro rata cash payment from the Settlement Fund (“Alternative Cash Payment”). The amount of the Alternative Cash Payment will be calculated in accordance with the Settlement Agreement, which provides for a distribution of the Settlement Fund to first cover other costs and then distribute the remaining funds evenly amongst Settlement Class Members who elected to receive an Alternative Cash Payment. The Alternative Cash Payment is estimated to be approximately $40.00 but will be determined based on the methods discussed above.

Reimbursement for Out-of-Pocket Losses: Settlement Class Members may submit a claim for up to $5,000.00 per individual for documented Out-of-Pocket Losses. To receive reimbursement for Out-of-Pocket Losses, the Out-of-Pocket Loss must: (i) be an actual, documented, and unreimbursed monetary loss; (ii) be more likely than not caused by the Data Incident; and (iii) have occurred between July 12, 2023, and the close of the Claims Period. The categories of reimbursable out-of-pocket losses include, but are not limited to:

a. Unreimbursed fraud.

b. Long-distance telephone charges.

c. Cell phone minutes (if charged by the minute).

d. Internet usage charges (if charged by the minute or incurred solely as a result of the Data Incident).

e. Credit monitoring or fraud resolution services purchased after the Data Incident.

f. Costs of credit reports.

g. Bank or other financial institution charges incurred as a result of the Data Incident; and

h. Other losses reasonably incurred as a result of the Data Incident.

To ask for a payment, you must complete and submit a Claim Form. Claim Forms are available online to download or to submit online by clicking the "Submit Claim" button on the home page of this Settlement Website. You may also request one by mail by calling (833) 754-8355. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than Thursday April 2, 2026, to:

Pacheco, et al. v. CFMC

c/o Kroll Settlement Administration

PO Box 5324

New York, NY 10150-5324

The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement Administrator may require additional information from any Claimant. If the required information is not timely provided, the claim will be considered invalid and will not be paid. Additional information regarding the claims process can be found in Section VI of the Settlement Agreement, available here.

The Court has scheduled a Final Approval Hearing at 10:00 a.m. on Wednesday, March 25, 2026 (though this date may change), to decide whether to approve the Settlement. The Final Approval Hearing will be held both in person and via Zoom. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably and resolving them can take time. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.

You do not have to do anything to remain in the Settlement, but if you want a cash payment or credit/medical monitoring services you must submit a Claim Form postmarked or submitted online by Thursday, April 2, 2026.

If the Settlement becomes final, you will give up your right to sue Defendant and the Released Persons for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant and the Released Persons are described in Section XV of the Settlement Agreement. You will be “releasing” Defendant and all related people or entities as described in Section XV of the Settlement Agreement. The Settlement Agreement is available here. The Settlement Agreement describes the Released Class Claims with specific descriptions, so read it carefully. If you have any questions about what this means you can talk to the attorneys listed in Question 16 for free or you can talk to your own lawyer at your own expense.

Excluding Yourself from the Settlement

If you do not want a payment from this Settlement, but you want to keep the right to sue Defendant about issues in the Litigation, then you must take steps to get out of the Settlement Class. This is called excluding yourself from—or is sometimes referred to as “opting out” of—the Settlement Class.

No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

No. Unless you exclude yourself from the Settlement, you give up any right to sue Defendant 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 exclude yourself, do not submit a Claim Form to ask for a payment

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement. Your letter must: (i) state your full name, address, and telephone number; (ii) contain your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (iii) state unequivocally your intent to be excluded from the Settlement Class and from the Settlement. You must mail your exclusion request postmarked no later than Tuesday, March 3, 2026, to:

Pacheco, et al. v. CFMC

c/o Kroll Settlement Administration

PO Box 5324

New York, NY 10150-5324

Yes. The Court appointed Ben Barnow of Barnow and Associates, P.C., Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, and Tyler J. Bean of Siri & Glimstad LLP to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees not to exceed $333,333.33, in addition to reasonable costs and expenses incurred in prosecuting the litigation. Class Counsel will also request approval of Service Awards of $1,000.00 each for the Class Representatives.

If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Defendant’s Counsel a written notice stating that you object to the Settlement.

Your objection must:

1. identify the case name and number.
2. state your full name, current mailing address, and telephone number.
3. contain your original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation);
4. include documentation sufficient to establish membership in the Settlement Class, such as a copy of the Postcard Notice or Long Form Notice he or she received.
5. state that you object to the Settlement, in whole or in part.
6. set forth a statement of the legal and factual basis for the Objection. 
7. provide copies of any documents that you wish to submit in support of your position.
8. state whether you intend to appear at the Final Approval Hearing.
9. state whether you are represented by counsel and, if so, the name, address, and telephone number of your counsel; and
10. list, by case name, court, and docket number, all other cases in which you and/or your counsel have filed an objection to any proposed class action settlement within the last three years.

Your objection must be filed with the Clerk for the Circuit Court of Cook County, Chancery Division, 50 W. Washington Street, Room 802, Chicago, IL 60602, and served upon Class Counsel and Defendant’s Counsel at the addresses below no later than Tuesday, March 3, 2026.

Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

The Court’s Final Approval Hearing

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. You cannot speak at the hearing if you exclude yourself from the Settlement.

The Court will hold a Final Approval Hearing at 10:00 a.m. on Thursday, April 2, 2026, in the Circuit Court of Cook County, 50 W. Washington Street, Courtroom 2408, Chicago, IL 60602 Cook County, 50 W. Washington Street, Courtroom 2408, Chicago, IL 60602,  and via Zoom. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see Question 18). The Court will also decide whether to approve fees, expenses, and reasonable litigation costs to Class Counsel, and the Service Awards to the Class Representatives.

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 come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in Question 18 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not receive any compensation from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the Released Persons about the issues involved in the Litigation, resolved by this Settlement, and released by the Settlement Agreement.

Yes. The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, available here, or by writing to the CFMC Data Incident Settlement Administrator, at Pacheco, et al. v. CFMC c/o Kroll Settlement Administration, PO Box 5324 New York, NY 10150-5324.

Call (833) 754-8355 or write to the Pacheco, et al. v. CFMC c/o Kroll Settlement Administration, PO Box 5324 New York, NY 10150-5324. 

Please do not call the Court or the Clerk of the Court for additional information. They cannot answer any questions regarding the Settlement or the lawsuit.