Synergy Data Breach Settlement Website

A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all 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 benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Nora Polk of the Superior Court of Dekalb County, Georgia is overseeing this class action. The lawsuit is known as Mark et al. v. Pourlessoins, LLC d/b/a Synergy Healthcare Services, Case No. 24-CV-5478 (the “lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, Pourlessoins, LLC d/b/a Synergy Healthcare Services, is called the “Defendant.”

Plaintiffs filed this lawsuit against Defendant, individually, and on behalf of current and former patients and employees of Defendant whose personally identifying information and/or protected health information (“Private Information”) was potentially impacted in the Data Security Incident.

Plaintiffs allege in or around November 30, 2022, as a result of the Data Security Incident, the unauthorized disclosure of confidential Private Information. Plaintiffs brought this lawsuit against Defendant alleging claims for: (1) negligence; (2) negligence per se; (3) breach of third-party beneficiary contract; and (4) unjust enrichment.

Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

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.

The Class Representatives in this lawsuit are Plaintiffs Debra Mark, Valerie Braden, and Doina Popescu.

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 Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for all Settlement Class Members because of the benefits available to Settlement Class Members and the risks and uncertainty associated with continuing the lawsuit.

You are a Settlement Class Member if you are a current or former patient or employee of Synergy Healthcare Services, Inc.-managed facilities or a Synergy employee in the United States who was impacted by the Data Security Incident. You may have been sent notice regarding the Data Security Incident in July 2023.

Yes. Excluded from the Settlement Class are (i) Synergy and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity pertaining to the Data Security Incident or who pleads nolo contendere to any such charge.

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free number at 1-888-884-7855.

If you are a Settlement Class Member and you submit a timely and valid Claim Form, you may be eligible for the following benefits:

Compensation for Ordinary Losses. If you submit a timely and valid Claim Form you may be eligible for reimbursement for out-of-pocket expenses incurred as a result of the Data Security Incident up to $1,000.

Expenses may include documented out-of-pocket losses fairly traceable to the Data Security Incident, including but 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.

Expenses may also include fees for credit reports, credit monitoring, or other identity theft insurance products purchased between November 30, 2022, and the Claims Deadline, so long as the products purchased provided great protection, coverage, or a longer term than the credit monitoring product previously offered by Synergy in its data breach notice letter dated on or around July 27, 2023.

Lost Time. You may be eligible to receive compensation for up to four hours of lost time spent dealing with issues arising out of the Data Security Incident, calculated at the rate of $20 per hour ($80 total). Claims made for lost time can be combined with claims made for out-of-pocket expenses and, together with the out-of-pocket expenses, are subject to the $1,000 cap for each Settlement Class Member.

Compensation for Extraordinary Losses. If you submit a timely and valid Claim Form you may be eligible for reimbursement of up to $10,000 for proven monetary loss due to actual identity theft if you are able to show:

1. The loss is an actual, documented, and unreimbursed monetary loss.
2. The loss was fairly traceable to the Data Security Incident.
3. The loss occurred between November 30, 2022, and the Claims Deadline.
4. The loss is not already covered by one of the reimbursement categories; and
5. You have 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.

Failure to provide supporting documentation of the out-of-pocket expenses referenced above, as requested on the Claim Form, may result in the denial of your Claim Form.

Credit Monitoring. If you submit a timely and valid Claim Form and you did not enroll in the credit monitoring offered as part of Synergy’s original notice, you are eligible to enroll in two years of single-bureau Credit Monitoring services. If you did enroll in the credit monitoring offered in Synergy’s original notice you will be eligible to enroll in one year of additional Credit Monitoring.

Enrollment in Credit Monitoring services is available to you regardless of whether you have submitted a Claim Form for expense reimbursement.

Credit Monitoring includes real time monitoring of the credit file, dark web scanning with immediate notification of potential unauthorized use, comprehensive public record monitoring, medical identity monitoring, identity theft insurance (no deductible), and access to fraud resolution agents to help investigate and resolve identity thefts.

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 Defendant or the Released Persons (collectively, the “Released Persons”) about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

Section 7 of the Settlement Agreement describes the Released Claims and the Release, in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 14 for free, or you can talk to your own lawyer at your own expense.

You must submit a timely and valid Claim Form for the Settlement benefits described in FAQ 8. Your Claim Form must be submitted online here by July 24, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by July 24, 2025. Claim Forms are also available on the Settlement Website here, by calling 1-888-884-7855, or by writing to:

Synergy Data Breach Litigation
Settlement Administrator
P.O. Box 2855
Portland, OR 97208-2855

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:

Synergy Data Breach Litigation
Settlement Administrator
P.O. Box 2855
Portland, OR 97208-2855

If you file a timely and valid Claim Form, 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 website for updates.

Yes, the Court has appointed Mason A. Barney and Tyler J. Bean of the law firm Siri & Glimstad LLP 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 and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees, expenses and costs of up to $300,000 to be paid by Defendant. Class Counsel will also ask the Court to approve a Service Award of $2,500 for each Class Representative for participating in this lawsuit and for their efforts in achieving the Settlement. The Court may award less than these amounts. If awarded by the Court, Defendant will pay fees, costs, expenses, and the Service Award directly. The fees, costs, expenses and Service Award will not reduce the Settlement benefits available to the Settlement Class.

Settlement Class Counsel’s application for attorneys’ fees, expenses, and the service award will be made available on the Important Documents page.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1. Your name, address, telephone number, and email address (if any);
2. Your personal physical signature; and
3. 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 the Mark et al. v. Pourlessoins, LLC d/b/a Synergy Healthcare Services, Case No. 24-CV-5478

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by May 27, 2025:

Synergy Data Breach Litigation
Settlement Administrator
P.O. Box 2855
Portland, OR 97208-2855

You 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 where the opt-out hasn’t been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt-out, you will not be entitled to receive Settlement benefits, but you will not be bound by the Settlement or any judgment in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you opt-out, you give up any right to sue any of the Released Persons for the legal claims this Settlement resolves and Releases relating to the Data Security Incident. You must opt out of this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Released Persons. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you object to all or any part of the Settlement.

To object, you must file timely written notice with the Court as provided below no later than May 27, 2025, and serve concurrently to Class Counsel and Defendant’s Counsel by May 27, 2025, stating you object to the Settlement in Mark et al. v. Pourlessoins, LLC d/b/a Synergy Healthcare Services, Case No. 24-CV-5478.

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:

1. Your full name, address, telephone number, and email address (if any)
2. Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class.
3. A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable.
4. The identity of all lawyers representing you.
5. A statement whether you and/or your lawyer will appear at the Final Approval Hearing.
6. Your signature or the signature of your duly authorized lawyer or other duly authorized representative (along with documentation setting forth such representation); and
7. A list, by case name, court, and docket number, of all other cases in which you or your lawyer has filed an objection to any proposed class action settlement within the last three (3) years.

To be timely, written notice of an objection including all the information above must be filed with the Court by May 27, 2025, and served concurrently to Settlement Class Counsel and Defendant’s Counsel by May 27, 2025, at the following addresses:

If you fail to comply with the requirements for objecting as detailed above, you waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and you will be bound by all the terms of the Settlement and by all proceedings, orders, and judgments in the lawsuit.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees, expenses, and costs. You can object only if you stay in the Settlement Class (meaning you do not opt-out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt-out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on August 7, 9:30 a.m. Eastern Time before the Honorable Nora Polk at the Dekalb County Courthouse, 556 N. McDonough Street, Decatur, GA 30030. 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 expenses, and the Service Award to Plaintiffs.

If there are timely objections, the Court will consider them. If you file a timely objection and you would like to speak at the hearing, the Court will also listen to you, or your lawyer speak at the hearing if you so request.

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 has not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you submit a timely objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you mail your written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself (opt-out), you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all the procedures for objecting to the Settlement listed in FAQ 19—and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits, and you will give up rights explained in FAQs 16-18, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Persons about the legal issues in this lawsuit that are released by the Settlement relating to the Data Security Incident.

This website and the Notice summarize 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 1-888-884-7855, or by writing to:

Synergy Data Breach Litigation
Settlement Administrator
P.O. Box 2855
Portland, OR 97208-2855

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