Quick and Lance v EMSA

1. Why is there a Notice?

   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 benefits are available, who is eligible for the Settlement benefits and how to get them.

   The Honorable Anthony Bonner of the District Court of Oklahoma County, Oklahoma is overseeing this class action. The lawsuit is known as Wade Quick and Laura Lance v. Emergency Medical Services Authority, Case No. CJ-2024-2470 (“lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, Emergency Medical Services Authority, is called the “Defendant.”

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2. What is this lawsuit about?

   The Plaintiffs filed this lawsuit against the Defendant on behalf of themselves and all others similarly situated related to a Data Incident between February 10, 2024, and February 13, 2024, in which an unauthorized party gained access to Defendant’s network and acquired files that contained Settlement Class Members’ personally identifiable information, such as your name and/or Social Security Number, and/or protected health information (“Private Information”).

   Defendants denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, the Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

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3. Why is there a Settlement?

   The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit 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 Plaintiffs, Defendant, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit.

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4. 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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5. How do I know if I am included in the Settlement?

   You are included in the Settlement Class if you are an individual residing in the United States who was mailed notice that your Private Information may have been impacted by the Data Incident that Defendant experienced in or around February 2024.

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6. Are there exceptions to being included in the Settlement?

   Yes. Excluded from the Settlement Class are: (a) Defendant’s officers, trustees, and directors; (b) any entity in which Defendant has a controlling interest; and (c) the affiliates, legal representatives, lawyers, successors, heirs, and assigns of Defendant. Also excluded from the Settlement Class are members of the judiciary to whom this lawsuit is assigned, their families, and members of their staff.

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7. What if I am still not sure whether I am part of the Settlement?

   If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing or writing to the Claims Administrator at:

   Toll-Free: 1-877-277-7514
   Email: info@EMSASettlement.com
   Mailing Address: EMSA Data Incident, Claims Administrator, PO Box 5414, Portland, OR 97228-5414
   

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8. What does the Settlement provide?

   If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement benefits:
   Compensation for Monetary and Out-of-Pocket Losses:
   You may submit a Claim Form with documentation for losses fairly traceable to the Data Incident for up to $3,000 per Settlement Class Member if:

   1. the loss is an actual, documented, and unreimbursed monetary loss;
   2. the loss was more likely than not caused by the Data Incident;
   3. the loss occurred between February 10, 2024, and the claims deadline; and
   4. you made reasonable efforts to avoid or seek reimbursement for the loss, including but not limited to exhaustion of all available credit monitoring insurance and identify theft insurance.
   
   

   Examples of monetary and out-of-pocket losses include (but are not limited to): bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel; fees for credit reports, credit monitoring, or other identity theft insurance product purchased between February 10, 2024, and the claims deadline; and other monetary losses relating to fraud or identity theft, professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services, incurred as a result of the Data Incident.

   Examples of documentation include (but are not limited to): telephone records, correspondence including emails, or receipts. Documentation supporting Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class Member concerning the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to clarify or support other submitted documentation.

   Compensation for Lost Time:

   You may submit a Claim Form without documentation for compensation for up to four hours of lost time spent dealing with the Data Incident, calculated at the rate of $15 per hour (for a maximum of $60), if at least one full hour was spent dealing with the Data Incident. You must provide an attestation (a legal term meaning signing a formal document) that any claimed lost time was related to the Data Incident and include a brief description of the action(s) taken in response to the Data Incident.

   Lost time payments are included in the $3,000 cap for Compensation of Monetary and Out-of-Pocket Losses listed above.

   If the amount of timely and valid Claim Forms, Class Counsel Payment, Service Awards, and the cost of notice and settlement administration exceed an aggregate amount of $1.5 million, the Settlement benefits will be subject to a pro rata (a legal term meaning equal share) reduction.

   Credit Monitoring:

   You may submit a Claim Form to receive two years of free single-bureau identity protection and credit monitoring service.

   Injunctive Relief:

   Defendant is implementing additional security measures following the Data Incident.

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9. What am I giving up to receive Settlement benefits or stay in the Settlement Class?

   Unless you exclude yourself (opt out), you will 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 about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims.”

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10. What are the Released Claims?

    Section 10 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 here. 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 below for free, or you can talk to your own lawyer at your own expense.

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HOW TO GET BENEFITS FROM THE SETTLEMENT

11. How do I submit a Claim Form?

    The deadline to submit a Claim Form has been extended to April 5, 2026.

    You must submit a timely and valid Claim Form to receive any Settlement benefits as described above. Your Claim Form must be submitted online here by April 5, 2026, or mailed to the Claims Administrator at the address on the Claim Form, postmarked by April 5, 2026. Claim Forms are available to download here, by calling 1-877-277-7514 or by writing to:

    EMSA Data Incident
    Claims Administrator
    PO Box 5414
    Portland, OR 97228-5414

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12. 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 Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by writing to:

    EMSA Data Incident
    Claims Administrator
    PO Box 5414
    Portland, OR 97228-5414

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13. When will I receive my Settlement benefits?

    If you submitted a timely and valid Claim Form, the Settlement 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 check this Settlement website for updates.

    If you are a member of the Settlement Class and want to keep any right you may have to sue or continue to sue the Released Parties on your own about the legal claims in this lawsuit or the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Settlement.

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14. How do I opt-out of the Settlement?

    The deadline to exclude yourself from the Settlement by February 3, 2026, has passed.

    Requests to exclude yourself are no longer being accepted.

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15. If I exclude myself, can I still get anything from the Settlement?

    No. If you excluded yourself, you will not be able to receive Settlement benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.

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16. If I do not exclude myself, can I sue the Defendant for the same thing later?

    No. Unless you excluded yourself, 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 lawsuit. You must exclude yourself from this lawsuit 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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17. How do I tell the Court I do not like the Settlement?

    The deadline to object to the Settlement on February 3, 2026, has passed.

    Requests to exclude yourself are no longer being accepted.

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18. 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. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object because you are no longer part of the Settlement.

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19. Do I have a lawyer in the lawsuit?

    Yes. The Court has appointed William B. Federman of the law firm Federman & Sherwood 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 lawsuit.

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20. How will Class Counsel be paid?

    Class Counsel will file a motion asking the Court to award attorneys’ fees and costs of up to $400,000. 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 by the Defendant. The Court may award less than these amounts.

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IF I DO NOTHING

21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing on April 6, 2026, at 9:00 a.m. before the Honorable Anthony Bonner at the Oklahoma County Courthouse, 321 Park Ave, Oklahoma City, OK 73102. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, the Class Counsel Payment, 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 Settlement website to confirm the date and time of the Final Approval Hearing have not changed.

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22. 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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23. May I speak at 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 filed your written objection by the deadline, the Court will consider it.

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24. How do I get more information about the Settlement?

    The Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information by calling toll-free 1-877-277-7514, or by writing to:

    EMSA Data Incident
    Claims Administrator
    PO Box 5414
    Portland, OR 97228-5414

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PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE.