Frequently Asked Questions

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

The Action is called Crowe, et al., v. Managed Care of North America, Inc., et al., Case No. 0:23-cv-61065-AHS pending in the United States District Court for the Southern District of Florida. The people who filed this Action are called the “Plaintiffs” and the companies they sued, Managed Care of North America, Inc. (“MCNA, Inc.”), MCNA Insurance Company (“MCNAIC,” and together with MCNA, Inc., “MCNA”), and Healthplex, Inc. (“Healthplex”) are called the “Defendants.”

On or about March 7, 2023, the Defendants became aware that an unauthorized party had potentially accessed personally identifiable information and private health information (“Private Information”) of certain individuals from MCNA’s network between February 26, 2023, and March 7, 2023 (the “Data Incident”). The Private Information potentially may have included some combination of the following: names, physical addresses, email addresses, dates of birth, Social Security Numbers, driver’s license numbers, government-issued ID numbers, health insurance information (such as plan information, insurance company name, and member number), Medicaid and Medicare ID numbers, information regarding dental/orthodontic care, and plan and/or group number. 

On May 26, 2023, Defendants began sending notice letters to potentially affected persons, informing them that their Private Information may have been compromised in the Data Incident. 

The Plaintiffs allege negligence and breach of implied contract, among other claims. The Defendants deny all of the Plaintiffs’ claims and any wrongdoing whatsoever. No court or other judicial body has made any judgment or other determination that Defendants have done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of people who may have similar claims. 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 Kade McCraw, Sara Hughes, Samantha Hathaway, Tarek Kachakech, Yvon Hanekom, and Frannie Zurline.

The Court has not decided in favor of the Plaintiffs or Defendants. The Defendants deny all claims and any wrongdoing whatsoever. The Plaintiffs and Defendants agreed to a Settlement to avoid the costs and risks of a trial, and enable Settlement Class Members to receive benefits. The Plaintiffs and their attorneys, who also represent Settlement Class Members as “Class Counsel,” believe the Settlement is in the best interests of all Settlement Class Members.

The Settlement Class consists of all living individuals in the United States who were sent a notice of the Data Incident stating that their Private Information was potentially impacted as a result of the Data Incident.

Yes, excluded from the Settlement Class are: (1) all persons who are directors, officers, and agents of the Defendants, or their respective subsidiaries and affiliated companies; (2) governmental entities; (3) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (4) any Settlement Class Member who timely and properly opts-out of the Settlement.

Under the proposed Settlement, the Defendants will pay for Settlement Class Member Benefits, all Settlement Administration Costs, and any Court-approved attorneys’ fees and costs. Settlement Class Member Benefits include:

• Medical Data Monitoring: Two years of CyEx’s Medical Shield Complete, provided automatically to Settlement Class Members who do not opt-out of the Settlement and choose to enroll in the monitoring.

• Cash Payments for Documented Out-of-Pocket Losses: A total of up to $250,000 for Cash Payments for unreimbursed Documented Out-of-Pocket Losses (up to $2,500 per individual Claim) to Settlement Class Members who file a Valid Claim with supporting documentation. Cash Payments will be reduced pro rata in the event the total dollar amount of all Valid Claims exceeds $250,000.

• Business Practice Changes: Defendants have undertaken and will continue to undertake reasonable steps to further secure their systems and environments, including changes and improvements that have been made or are being made to protect Settlement Class Members’ Private Information.

If you do not opt-out of the Settlement, you are automatically entitled to receive two years of CyEx’s Medical Shield Complete. Medical Shield Complete combines a robust suite of both financial and identity data protection features combined with five (5) unique medical data monitoring categories while also providing insurance for financial, identity and medical fraud at no cost to the individual.

You do not need to submit a Claim Form to receive this Settlement Class Member Benefit.

The Notice you received by email or mail included a unique code to enroll in the monitoring. This enrollment code will become active for use within thirty days after the Effective Date of the Settlement, which is currently estimated to be January 15, 2027. Once the code becomes active, you may activate your monitoring services by visiting the CyEx enrollment website at https://app.medicalshield.cyex.com/enrollment/activate/MCNA.

If you do not know your enrollment code, please contact the Settlement Administrator at (833) 930-0161 or use the “Contact Us” form on this Settlement Website.

In addition to automatically receiving Medical Data Monitoring, you may also submit a Claim for a Cash Payment for unreimbursed Documented Out-of-Pocket Losses for up to $2,500. 

“Documented Out-of-Pocket Losses” include actual, documented and unreimbursed out-of-pocket costs or expenditures resulting directly from fraud or identity theft relating to the Data Incident, if the cost or expenditure: (i) is an actual, documented and unreimbursed monetary cost or expenditure due to fraud or identity theft; (ii) is fairly traceable to the Data Incident; (iii) occurred after the Data Incident and before March 7, 2026; and (iv) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

You cannot be reimbursed for Documented Out-of-Pocket Losses if you have already been reimbursed for the same expenses by another source, including compensation provided in connection with any credit monitoring and identify theft protection product or through a financial institution’s consumer fraud policies. 

To receive a Cash Payment for Documented Out-of-Pocket Losses, you must submit a complete Claim Form with “reasonable” supporting documentation. Reasonable supporting documentation means documentation generated by a third party supporting your claim (i.e., telephone records, correspondence, receipts, etc.). Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute proper documentation, but may be included to provide clarification, context, or support for other submitted reasonable supporting documentation. 

If you do not submit reasonable supporting documentation, or if the Settlement Administrator rejects your Claim for any reason and you fail to cure the Claim, it will be rejected.

The Defendants will provide a total of up to $250,000 for Cash Payments for Documented Out-of-Pocket Losses (up to $2,500 per individual Claim) to Settlement Class Members who file a Valid Claim. Cash Payments to Settlement Class Members with Valid Claims will be reduced pro rata (proportionally) in the event the total of all Valid Claims exceeds the total amount provided.

Unless you opt-out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants 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 on the Important Documents page of this Settlement Website.

You must submit a Claim Form by October 19, 2026 to receive a Cash Payment for Documented Out-of-Pocket Losses. Claim Forms must be submitted, with supporting documentation, online by clicking the Submit Claim button in the upper right corner of this Settlement Website by 11:59 p.m. ET, or by mail, postmarked by October 19, 2026, to the Settlement Administrator at:

Settlement Administrator - 83443

c/o Kroll Settlement Administration

P.O. Box 225391

New York, NY 10150-5391

Reminder: If you remain in the Settlement Class, you are automatically entitled to receive two years of Medical Data Monitoring (see Question 8). You do not need to submit a Claim Form to receive this Settlement Class Member Benefit.

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 November 16, 2026, to decide whether to approve the Settlement and award attorneys’ fees and costs for Class Counsel for representing 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. Settlement Class Member Benefits will be available 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., Peter Prieto of Podhurst Orseck, P.A., and Stephanie Casey of Colson Hicks Eidson, P.A. to represent you and other Settlement Class Members as Class Counsel. You will not be charged directly for these lawyers.

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 award attorneys’ fees of up to $6,400,000, plus reimbursement of litigation costs of no more than $1,313,000. If approved, these amounts will be paid by the Defendants.

If you do not want to receive any benefits from the Settlement, and you want to keep your right to separately sue the Defendants about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The Opt-Out Deadline to submit an opt-out request from the Settlement is October 19, 2026.

To exclude yourself from the Settlement, you must submit a written opt-out request that includes the following information:

• A statement indicating a request to opt-out, e.g., “I would like to opt-out of the Settlement Class in Crowe, et al., v. Managed Care of North America, Inc., et al., Case No. 0:23-cv-61065-AHS.”;

• Your full name, mailing address, telephone number, and email address (if any);

• Your personal signature.

Your request to opt-out must be mailed to the Settlement Administrator at the address below, postmarked no later than October 19, 2026.

Settlement Administrator – 83443

c/o Kroll Settlement Administration LLC

ATTN: Opt-Out Request

P.O. Box 225391

New York, NY 10150-5391

“Mass” or “class” opt-outs filed by third parties are not permitted under the Settlement Agreement unless every request is signed by the individual Settlement Class Member.

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 or Class Counsel’s request for attorneys’ fees and costs, Releases provided to the Defendants, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve the Settlement.

To be considered by the Court, your objection must include:

• The case name and number, “Crowe, et al., v. Managed Care of North America, Inc., et al., Case No. 0:23-cv-61065-AHS”;

• Your full name, mailing address, telephone number, and email address (if any);

• All grounds for the objection, accompanied by any legal support for the objection known to you or your attorney; 

• A statement disclosing any use of Artificial Intelligence (AI) by you or your attorney in drafting the objection and the platform(s) that were used;

• The number of times you have objected to a class action settlement within the five years preceding the date you are filing your objection in this case, the caption of each case in which you have made an objection, and a copy of any orders related to or ruling upon the prior objection(s) that were issued by the trial and appellate courts in each listed case; 

• The identity of all attorneys who represent you, including any former or current attorney who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees and Costs; 

• The number of times in which your attorney and/or his or her 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 the attorney or the firm has made such objection and a copy of any orders related to or ruling upon the attorney’s or their law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which your attorney and/or their law firm have objected to a class action settlement within the preceding five years; 

• Whether you or your attorney 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). 

Objections must be filed with or sent to the Court, postmarked or shipped (e.g., if sent by FedEx), by October 19, 2026 at the following address:

Clerk of the Court
United States District Court for the Southern District of Florida
299 East Broward Boulevard #108
Fort Lauderdale, Florida 33301

A copy of your objection also must be mailed to Class Counsel, Defendants’ Counsel, and the Settlement Administrator at the addresses below, postmarked no later than October 19, 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 November 16, 2026 at 2:00 p.m. ET, at the U.S. Federal Building and Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301, to decide whether to approve the Settlement and whether award attorneys’ fees and costs of up to $6,400,000, plus reimbursement of litigation costs of no more than $1,313,000. The date and time of this hearing may change without further notice. Please check this Settlement Website 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 you 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 Defendants 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 for Documented Out-of-Pocket Losses, although you will still receive two years of Medical Data Monitoring.

This Settlement website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the documents section of this Settlement Website.

If you have additional questions or need to update your address, you may contact the Settlement Administrator by telephone at (833) 930-0161, or by mail:

Settlement Administrator - 83443

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391