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 Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement 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 Superior Court of Durham County, North Carolina, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of 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 In re Hillcrest Convalescent Center, Inc. Data Breach Litigation, Case No. 25CV002700-310. It is pending in the Superior Court of Durham County, North Carolina. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Hillcrest Convalescent Center, Inc., is called the “Defendant.”
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This lawsuit alleges that during the June 2024 cyberattack on Hillcrest's computer systems, certain files that contained private information were accessed and/or acquired. These files may have contained private information such as names; addresses; financial account information; dates of birth; driver's license numbers; Social Security Numbers; and other government issued ID numbers; as well as medical treatment; health insurance; and provider information. Hillcrest denies the allegations in the lawsuit or any wrongdoing or liability.
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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 from the Settlement. In this Settlement, the Class Representatives are Sarah Beddingfield; Nakia Brandon; and Tanita Eakins. 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 without admission of liability 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 Settlement Class as: “All living individuals in the United States whose Private Information was implicated in the Data Incident.
The Settlement Class includes the Group 1 Settlement Subclass and the Group 2 Settlement Subclass, defined as follows:
Group 1 Settlement Subclass Members: Settlement Class Members who did have their Social Security number(s) among the Private Information potentially impacted in the Data Incident.
Group 2 Settlement Subclass Members: Settlement Class Members who did not have their Social Security number(s) among the Private Information potentially impacted in the Data Incident.
A Settlement Class Member is either a Group 1 Settlement Subclass Member or Group 2 Settlement Subclass Member; not both.
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Yes. Excluded from the Class are: (1) Hillcrest and its officers, directors, and related companies; (2) governmental entities; and (3) the Judge in this case, and the Judge’s family and staff.
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All Settlement Class Members may claim Credit Monitoring Services and reimbursement for Documented Losses. Group 1 Settlement Subclass Members also have the option of a $50.00 Alternative Cash Payment. These benefits are explained in more detail below.
Credit Monitoring Services. All Settlement Class Members are eligible to enroll in two years of CyEx Identity Defense Complete. This comprehensive service comes with $1 million in identity theft insurance, and includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Documented Losses. All Settlement Class Members may file a claim for reimbursement of incurred actual, documented out-of-pocket losses due to the Data Incident, up to $2,500.00. The losses must have occurred between June 27, 2024, and August 26, 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 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 Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Alternative Cash Payment (Group 1 only). Instead of any other available benefit, Group 1 Settlement Subclass Members may claim a one-time cash payment. This payment is expected to be $50.00. You do not have to provide any proof or explanation to claim this payment.
Group 2 Settlement Subclass Members are not eligible to submit a Claim for Alternative Cash Payment.
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If you stay in the class, you won’t be able to be part of any other lawsuit against Hillcrest about the issues that this Settlement covers. 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 here and mail it to the Settlement Administrator at:
Hillcrest Data 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 August 26, 2026. If you are downloading a Claim Form here here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than August 26, 2026.
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The Court will hold a Final Approval Hearing on August 24, 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 Mariya Weekes of Milberg PLLC; A. Brooke Murphy of Murphy Law Firm; and Phillip J. Krzeski of Chestnut Cambronne PA, 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 $325,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by Hillcrest.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid by Hillcrest.
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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 benefits or payment. However, you will keep any rights you may have to sue Hillcrest 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 benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is July 27, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: In re Hillcrest Convalescent Center, Inc. Data Breach Litigation, Case No. 25CV002700-310, pending in the Superior Court of Durham County, North Carolina;
your full name, mailing address, telephone number, and email address;
personal signature; and
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:
Hillcrest Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
info@HCCDataSettlement.com
Your Request for Exclusion must be submitted, postmarked, or emailed by July 27, 2026.
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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 Litigation: In re Hillcrest Convalescent Center, Inc. Data Breach Litigation, Case No. 25CV002700-310, pending in the Superior Court of Durham County, North Carolina;
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;
whether the objection applies only to you, or to other Class Members, as well;
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;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both; 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.
To be considered by the Court, you must file your complete objection with the Clerk of Court by July 27, 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 |
Clerk of the Court | Hillcrest Data Incident Settlement |
Class Counsel | Counsel for Defendants |
Mariya Weekes | Allison Becker |
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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 August 24, 2026, at 10:00 a.m. Eastern Time, in Room TBD of the Superior Court of Durham County, North Carolina, at TBD.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, 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 date and 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 benefit from this Settlement. 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.
Do not contact the Court or Clerk of Court regarding this Settlement.
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