Frequently Asked Questions

A Court authorized this Settlement Website because you have a right to know about the proposed Settlement of this Action and about all your options before the Court decides whether to grant Final Approval of the Settlement. This Notice explains the Action, your legal rights, what benefits are available, and who can receive them.

The Action is called Nancy Balzer, et al., v. Serviceaide, Inc., Index No. 625615/2025 and is pending in the Supreme Court of the State of New York, County of Nassau. The people who filed this Action are called the Plaintiffs and the company they sued, Serviceaide, Inc., is called the Defendant.

On November 15, 2024, the Defendant detected a data breach between September 19, 2024, and November 5, 2024 (the Data Incident), in which a third party unlawfully accessed the Defendant’s computer systems and network and may have accessed the Private Information of current and former Catholic Health¹ patients. This information may have included: names, Social Security numbers, dates of birth, medical record numbers, patient account numbers, medical/health information, health insurance information, prescription/treatment information, clinical information, provider names, provider location, and email/usernames and passwords. On May 9, 2025, the Defendant began notifying the impacted individuals.

Various lawsuits were filed related to the Data Incident, which were consolidated and are now known as Nancy Balzer, et al., v. Serviceaide, Inc., Index No.: 625615/2025. The Plaintiffs allege claims against the Defendant for negligence, breach of implied contract, unjust enrichment, and invasion of privacy. The Defendant denies any and all wrongdoing. 

[1]Catholic Health is a Buffalo, NY based non-profit healthcare system that provides care to Western New Yorkers across a network of hospitals, nursing homes, home care agencies, and physician practices.
 

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals who sue are known as “Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “Settlement Class” or “Settlement Class Members.” One court resolves the lawsuit for all Settlement Class Members, except for those who exclude themselves (sometimes called, “opting out”) from a settlement. In this Settlement, the Class Representatives are Nancy Balzer, Patricia Barclay, Michelle Fix, Jason Gordon, David A. Hoover, Shawnte Monique McDowell, Donna M. Orlando-Martin, Grace Sherk, Chloe Wright, Roy Everett Yax, Dawn Pendrak, Michael Gurr, Lee Holdsworth, Linda Jones, and Alonzo Emery.

The Court has not decided in favor of the Plaintiffs or Defendant. The Defendant denies all claims and contends that they have not violated any laws. The Plaintiffs and Defendant agreed to a Settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to claim a payment and benefit more quickly. The Plaintiffs and their attorneys, who also represent the Settlement Class, believe the Settlement is in the best interests of all Settlement Class Members.  

The Settlement Class consists of all living persons residing in the United States whose Private Information was impacted in the Data Incident which took place between September 19, 2024, and November 5, 2024. The Settlement Class consists of approximately 480,000 individuals.

Yes, excluded from the Settlement Class are all persons who are: (1) directors, officers, and employees of the Defendant; (2) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (3) any Settlement Class Member who properly opts out of the Settlement by the Opt-Out Deadline.

If approved by the Court, the Defendant will pay up to $1,800,000 (the Settlement Fund) to resolve the Action. After deducting court-approved Attorneys’ Fees and Costs, the Service Awards, and Settlement Administration Costs, the balance of the Settlement Fund will be used to provide payments to Settlement Class Members. 

Settlement Class Members may file a Claim Form to receive either (1) Cash Payment A – Documented Losses Payment or (2) Cash Payment B – Alternate Cash Payment, as described below.
 

Settlement Class Members may submit a Claim for a cash payment of up to $5,000 for reimbursement of documented losses as a result of fraud or identify theft related to the Data Incident. Losses include:

• Bank fees, overdraft charges, late fees, or declined payment fees resulting from fraud;
• Charges for credit monitoring or identity theft protection purchased in response to the data breach;
• Costs incurred to place or remove a credit freeze;
• Professional fees paid to address identity fraud (e.g., accountants, attorneys, fraud specialists);
• Replacement costs for government-issued identification or documents;
• Long-distance phone charges, postage, notary, or similar incidental costs; and
• Fraudulent, unreimbursed charges or financial loss directly traceable to misuse of personal information obtained in the Data Incident.

You cannot be reimbursed for documented losses if you have already been reimbursed for the same expenses from another source. This includes previous payments in connection with the credit monitoring and identity theft protection product offered to Settlement Class Members by the Defendant in May 2025 in relation to this Data Incident.

To file a Claim for documented losses, you must submit a valid Claim Form choosing Cash Payment A – Documented Losses Payment by September 1, 2026, including Reasonable Documentation generated by a third-party supporting your Claim (i.e., credit card statements, bank statements, invoices, telephone records, and receipts). 

If the Settlement Administrator determines that your Claim for a Documented Losses Payment is deficient and you fail to cure the Claim after a reasonable period of time, your Claim will be converted to Cash Payment B - Alternate Cash Payment.
 

As an alternative to file a Claim for Cash Payment A - Documented Losses Payment, Settlement Class Members may request a pro rata (proportional) Alternate Cash Payment of approximately $50 (Cash Payment B). To file claim for an Alternate Cash Payment, you must submit a valid Claim Form choosing that benefit by September 1, 2026.

After deducting court-approved Attorneys’ Fees and Costs, Service Awards, and Settlement Administration Costs, the balance of the Settlement Fund (the Net Settlement Fund) will be used to pay all approved claims for Cash Payments. Payment amounts may be adjusted based on the amount remaining in the Net Settlement Fund on a pro rata (proportional) basis. If any adjustment needs to be made, payment for Claims for Cash Payment A – Documented Losses will be distributed first. More detailed information is available in Section V of the Settlement Agreement.

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The Releases section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found at on the Important Documents section of this Settlement Website.

 To file a Claim, you must submit a Claim Form by September 1, 2026. Claim Forms may be submitted online by 11:59 p.m. ET, or mailed postmarked by September 1, 2026 to the Settlement Administrator at:
 

Nancy Balzer, et al., v. Serviceaide, Inc.
 c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

Reminder: If you are filing a Claim for Cash Payment A – Documented Losses, you must include reasonable documentation for your Claim (see Question 8).
 

The short answer is – after the Settlement is “finally approved” and any challenges to that approval are finally resolved. The Court is scheduled to hold a Final Approval Hearing on September 16, 2026, at 10:00 a.m. ET, to decide whether to approve the Settlement, how much Attorneys’ Fees and Costs to award Class Counsel for representing the Settlement Class, and the Service Awards to the Class Representatives who brought this Action on behalf of the Settlement Class.

If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Cash Payments will be distributed as soon as possible, if and when the Court grants Final Approval of the Settlement and after any appeals are resolved
 

Yes, the Court appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Raina Borrelli of Strauss Borrelli PLLC, Gary M. Klinger of Milberg, PLLC, and Scott Cole of Cole & Van Note to represent you and other members of the Settlement Class as Class Counsel. You will not be charged directly for these lawyers; instead, they will receive compensation from the Settlement Fund (subject to Court approval).

If you want to be represented by your own lawyer, you may hire one at your own expense.

It is not necessary for you to hire your own lawyer because Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve attorneys’ fees up to one-third of the $1,800,000 Settlement Fund ($600,000) plus reimbursement of reasonable costs, as well as $2,500 Service Awards to each of the 15 Class Representatives. If approved, these amounts will be paid from the Settlement Fund before making payments to Settlement Class Members who submit Valid Claims. 

If you do not want to receive any benefits from the Settlement and you want to keep your right to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out.” The Opt-Out Deadline to submit a “Request for Exclusion” from the Settlement is August 17, 2026.

To exclude yourself from the Settlement, you must submit a written Request for Exclusion to the Settlement Administrator that includes the following information:

•  The case name and number, “Nancy Balzer, et al., v. Serviceaide, Inc.”;
• Your name, address, telephone number, and email address;
• A statement indicating that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed
• Settlement Class in ‘Nancy Balzer, et al., v. Serviceaide, Inc., Index No.: 625615/2025.’”;
• Your personal signature or the signature of your legal guardian or representative.

Your Request for Exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than August 17, 2026.
 

Nancy Balzer, et al., v. Serviceaide, Inc.
 c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it, whether that be to the Settlement Class Member Benefits, the request for Attorneys’ Fees and Costs, the Service Award payments, the Releases provided to the Defendant, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve the Settlement.

For an objection to be considered by the Court, the objection must include: 
•    Your full name, current mailing address, telephone number, and email address;
•    The specific factual and legal grounds for the objection known to you or your counsel; 
•    The number of times you have filed an objection to any proposed class action settlement in the past five years, including the case name, court, and docket number of each case as well as 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.
•    All counsel representing you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards;
•    The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the past five years, including the case name, court and docket number of each case, 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.
•    All counsel representing you (if any) and whether they 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 your objection (if any);
•    A statement regarding whether you intend to appear at the Final Approval Hearing; and 
•    Your signature (an attorney’s is not sufficient).
Objections must be filed with, or mailed to, the Court no later than August 17, 2026.
 

Supreme Court for the State of New York, County of Nassau
100 Supreme Court Drive
Mineola, NY 11501

                                    
A copy of your objection also must be mailed to Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the addresses below, postmarked no later than August 17, 2026.
 

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 it. Excluding yourself from the Settlement means telling the Court you do not want to be part of the Settlement. If you exclude yourself or opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

The Court is scheduled to hold a Final Approval Hearing on September 16, 2026, at 10:00 a.m. ET, at Supreme Court for the State of New York, County of Nassau, 100 Supreme Court Drive, Mineola, NY 11501, to decide whether to approve the Settlement, how much Attorney’s Fees and Costs to award to Class Counsel for representing the Settlement Class, and whether to approve the Service Awards to the Class Representatives who brought this Action on behalf of the Settlement Class. The date and time of this hearing may change without further notice. Please check www.serviceaidedatasettlement.com for updates.

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense. If you file an objection, you may but do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will be bound by the Releases in the Settlement and will not be eligible to receive a Cash Payment under the Settlement. 

This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at the Important Documents section of this Settlement Website.

If you have additional questions or need to update your address, you may contact the Settlement Administrator using the Contact Us button on the Settlement Website, by phone at (833) 930-1176, or by mail at:
 

Nancy Balzer, et al., v. Serviceaide, Inc.
 c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324