Frequently Asked Questions
- Why is the Notice being provided?
- What is this lawsuit about?
- Why is there a Settlement?
- Why is this lawsuit a class action?
- How do I know if I am included in the Settlement?
- Are there exceptions to being included in the Settlement?
- What if I am still not sure whether I am part of the Settlement?
- What does the Settlement provide?
- What am I giving up to receive Settlement Class Member Benefits or stay in the Settlement Class?
- What are the Released Claims?
- How do I submit a Claim Form?
- What happens if my contact information changes after I submit a Claim Form?
- When will I receive my Settlement Class Member Benefits?
- How do I opt out of the Settlement?
- If I opt out can I still get anything from the Settlement?
- If I do not opt out, can I sue Defendant for the same thing later?
- How do I tell the Court I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- Do I have a lawyer in the lawsuit?
- How will Class Counsel be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- How do I get more information?
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Why is the Notice being provided?
A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what Settlement Class Member Benefits are available, who is eligible for the Settlement Class Member Benefits, and how to get them.
The Honorable Rebecca Grady Jennings of the United States District Court for the Western District of Kentucky is overseeing this class action. The lawsuit is known as Christopher Russo v. OP Pharmacy, LLC a/k/a OnePoint Patient Care, LLC, Case No. 3:24-cv-00649-RGJ pending in the Western District of Kentucky, Louisville Division (the “Action”). The individuals who filed this Action are called the “Plaintiffs” and/or “Class Representatives” and the company sued, OP Pharmacy, LLC a/k/a OnePoint Patient Care, LLC, is called the “Defendant.”
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What is this lawsuit about?
The Plaintiffs filed a class action lawsuit against Defendant as a result of the Data Incident, which alleges injuries such as lost privacy, diminution in value of the compromised Private Information, and lost time spent responding to and attempting to mitigate the negative effects of the Data Incident on their lives. The claims brought in the lawsuit include negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, and declaratory and injunctive relief. Defendant denies any and all liability arising from these claims and takes the position that: (i) Defendant did not breach any legal duties and was itself the victim of criminal actions in the Data Incident; and (ii) Plaintiffs’ claims are not suited to class-wide treatment.
Instead of litigating these issues, the Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the Action.
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Why is there a Settlement?
The Plaintiffs and Defendant do not agree about the legal claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement Class Member Benefits available and the risks and uncertainty associated with continuing the Action.
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Why is this lawsuit a class action?
In a class action, one or more people (called Class Representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who timely exclude themselves (opt out) from the Class.
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How do I know if I am included in the Settlement?
You are included in the Settlement Class if you are a living individual residing in the United States whose Private Information may have been accessed during the Data Incident, including those individuals who were sent Notice by OnePoint that their Private Information may have been impacted in the Data Incident.
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Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Class are all persons who are (a) parents, subsidiaries, directors and officers of Defendant, and any entity in which Defendant has a controlling interest; (b) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; (c) all persons who submit a timely and valid Request for Exclusion from the Settlement Class; and (d) any 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 Incident, or who pleads nolo contendere to any such charge.
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What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class Member, you may review the Settlement Agreement on the Documents page for more information or call toll-free 1-844-635-2035.
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What does the Settlement provide?
If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement Class Member Benefits:
Cash Payment A – Documented Losses
You may submit a Claim Form with reasonable documentation for losses related to the Data Incident for up to $3,500 per Settlement Class Member.
Examples of expenses incurred as a result of the Data Incident, include (without limitation) bank fees, long distance phone charges, cell phone charges (only charged by the minute), data charges (only if charged based on the amount of data used), postage, gasoline for local travel and fees for credit reports, credit monitoring, or other identity theft insurance products purchased.
Examples of reasonable documentation include (but are not limited to) telephone records, correspondence including emails, or receipts. Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the medical monitoring and identity theft protection product offered as part of the notification letter provided by the Defendant or otherwise.
If you do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as determined by the Settlement Administrator, and you do not cure your Claim Form, your Claim Form will be converted to a Cash Payment B – Alternate Cash.
Cash Payment B – Alternate Cash
Instead of selecting Cash Payment A – Documented Losses, without providing documentation, you may submit a Claim Form to receive an alternate Cash Payment in the estimated amount of $100.
Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase if the amount of Valid Claims does not use the entire Net Settlement Fund, as further explained in Section V of the Settlement Agreement accessible on the Documents page. Alternatively, if the amount of Valid Claims exceeds the amount of the Net Settlement Fund, your Cash Payment may be subject to a pro rata reduction.
Any pro rata increases or decreases to Cash Payments will be on an equal percentage basis.
Information Security Enhancements
Defendant is implementing additional security measures following the Data Incident, the costs of which are the responsibility of the Defendant and will not in any way reduce the Settlement Fund.
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What am I giving up to receive Settlement Class Member Benefits or stay in the Settlement Class?
Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties in this Action. The specific rights you are giving up are called “Released Claims.”
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What are the Released Claims?
Section XIII of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available on the Documents page. For questions regarding the Releases, Released Claims, or Released Parties and what the language in the Settlement Agreement means, you can also contact Class Counsel listed on FAQ 17 for free, or you can talk to your own lawyer at your own expense.
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How do I submit a Claim Form?
You must submit a timely and valid Claim Form to receive any Settlement Class Member Benefits. Your Claim Form must be submitted online on the Submit a Claim page by October 8, 2026, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by October 8, 2026. Claim Forms are also available on the Documents page or by calling 1-844-635-2035 or by writing to:
Back To TopOnePoint Data Incident
Settlement Administrator
P.O. Box 2688
Portland, OR 97208-2688 -
What happens if my contact information changes after I submit a Claim Form?
If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:
Back To TopOnePoint Data Incident
Settlement Administrator
P.O. Box 2688
Portland, OR 97208-2688 -
When will I receive my Settlement Class Member Benefits?
If you file a timely and valid Claim Form, the Settlement Class Member Benefits will be provided after the Settlement is approved by the Court and becomes final.
It may take time for the Settlement to be approved and become final. Please be patient and visit this website for updates.
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How do I opt out of the Settlement?
To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:
- Your name, address, telephone number, and email address (if any);
- Your personal physical signature; and
- A statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in Christopher Russo v. OP Pharmacy, LLC a/k/a OnePoint Patient Care, LLC.”
The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by August 24, 2026:
OnePoint Data Incident
Settlement Administrator
P.O. Box 2688
Portland, OR 97208-2688You cannot opt out (exclude yourself) 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 will not be allowed.
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If I opt out can I still get anything from the Settlement?
No. If you opt out, you will not be able to receive Settlement Class Member Benefits, and you will not be bound by the Settlement or any judgments in this Action. You can only get Settlement Class Member Benefits if you stay in the Settlement and submit a timely and valid Claim Form.
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If I do not opt out, can I sue the Defendant for the same thing later?
No. Unless you opt out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the Action. You must opt out of this Action to start or continue your own lawsuit or be part of any other lawsuit against the Released Parties about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.
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How do I tell the Court I do not like the Settlement?
If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards.
To object, you must file your timely written objection with the Court as provided below by August 24, 2026, and send by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Fed Ex) by August 24, 2026, stating you object to the Settlement in Christopher Russo v. OP Pharmacy, LLC a/k/a OnePoint Patient Care, LLC, Case No. 3:24-cv-00649-RGJ.
To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:
- Your full name, mailing address, telephone number, and email address (if any);
- The case name and case number, Christopher Russo v. OP Pharmacy, LLC a/k/a OnePoint Patient Care, LLC, Case No. 3:24-cv-00649-RGJ;
- Documentation sufficient to establish membership in the Settlement Class, such as a copy of the Postcard Notice you received;
- All grounds for the objection, accompanied by any legal support for the objection known to you as the objector or your own lawyer;
- The number of times you have objected to a class action settlement within the five (5) years preceding the date that you file the objection, the caption of each case in which you have made such objection, and 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;
- The identity of all lawyers representing you in connection with the objection (if any), including any former or current lawyers 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 your lawyer or your lawyer’s law firm have objected to a class action settlement within the five (5) years preceding the date of the filed objection, the caption of each case in which your lawyer or the firm has made such objection and a copy of any orders related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case;
- The identity of all lawyers (if any) representing you as an objector, 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 confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
- Your signature as the objector (a lawyer’s signature is not sufficient). Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any objector or objector’s lawyer.
To object, you must file your timely written objection with the Court by August 24, 2026, and send it by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Fed Ex) by August 24, 2026, at the following addresses:
Back To TopCourt Class Counsel Clerk
U.S. District Court Western
District of Kentucky
601 W. Broadway
Louisville, KY 40202Jeff Ostrow
KOPELOWITZ OSTROW P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
ostrow@kolawyers.com
Brooke Murphy
MURPHY LAW FIRM
4116 Will Rogers Pkwy., Suite. 700
Oklahoma City, OK 73108
abm@murphylawfirm.com
Tyler J. Bean
SIRI GLIMSTAD LLP
745 5th Avenue, Suite 500
New York, NY 10151
tbean@sirillp.com
Andrew W. Ferich
AHDOOT & WOLFSON PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
aferich@ahdootwolfson.com
Settlement Administrator Defendant's Counsel OnePoint Data Incident
Settlement Administrator
P.O. Box 2688
Portland, OR 97208-2688Casie D. Collignon
BAKER & HOSTELER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Mattew Stewart
BAKER & HOSTETLER LLP
312 Walnut Street, Suite 3200
Cincinnati, OH 45202
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What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting out is telling the Court that you do not want to be part of the Settlement Class. If you opt out, you cannot object because you are no longer part of the Settlement.
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Do I have a lawyer in the lawsuit?
Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A., A. Brooke Murphy of Murphy Law Firm, Tyler J. Bean of Siri & Glimstad LLP, and Andrew W. Ferich of Ahdoot & Wolfson PC as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost if you want someone other than Class Counsel to represent you in this Action.
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How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award the attorneys’ fees of up to 1/3 of the Settlement Fund, plus reimbursement of reasonable costs. Class Counsel will also ask the Court to approve the Service Awards for the Class Representatives of up to $2,500 each for their efforts. If awarded by the Court, the attorneys’ fees and costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.
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When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on September 23, 2026, at 1:30 p.m. EST before the Honorable Rebecca Grady Jennings at the Gene Snyder United States Courthouse, 601 West Broadway, Louisville KY 40202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards.
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may hear objections at the hearing.
Note: The date and time of the Final Approval Hearing are subject to change without further Notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website to confirm the date and time of the Final Approval Hearing have not changed.
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Do I have to attend the Final Approval Hearing?
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 attend the Final Approval Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.
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May I speak at the Final Approval Hearing?
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the Final Approval Hearing, the Court may hear objections at the hearing.
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How do I get more information?
TheNotice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Documents page. You may also get additional information by calling toll-free 1-844-635-2035, or by writing to:
Back To TopOnePoint Data Incident
Settlement Administrator
P.O. Box 2688
Portland, OR 97208-2688
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE.