Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give Final Approval to the Settlement. This Notice explains the nature of the Action that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

A Judge of the Circuit Court of the Eleventh Judicial Circuit in and for Miami Dade County, Florida, is overseeing this case captioned as In re Thriving Minds Data Breach Litigation, Case No. 2024-010316-CA-01. The people who brought the lawsuit are called the Class Representatives. The company being sued, South Florida Behavioral Health Network Incorporated d/b/a Thriving Mind, is called the Defendant.

The Action alleges that, on or about December 3, 2023, Defendant noticed suspicious activity on its network. In response, Defendant launched an investigation revealing that between August 1, 2023, and August 3, 2023, a cybercriminal accessed the following information belonging to Defendant’s current and former patients: names, addresses, Social Security Numbers, dates of birth, health insurance and benefit information, and medical information. On May 20, 2024, Defendant published notification of the Data incident on its website and began notifying current and former employees and customers that their Private Information may have been impacted by the Data Incident.

Defendant denies any wrongdoing whatsoever. No court or other judicial body has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Class Representatives appointed to represent the Settlement Class, and the attorneys for the Settlement Class, Class Counsel think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a Settlement Class Member if you are a living individual residing in the United States who were sent a notice by Defendant that their Private Information may have been impacted in the Data Incident, between August 1, 2023, and August 3, 2023.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of Defendant; (b) governmental entities; (c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff, and (d) any Settlement Class Member who timely and validly requests to opt-out from the Settlement.

If you are not sure whether you are included in the Settlement, you may call (833) 876-5219 or visit the Contact Us section of this Settlement Website. You may also write with questions to:

Settlement Administrator – 83144

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

The Settlement provides the following Settlement Class Member Benefits available to Settlement Class Members who submit Valid Claims: (a) Cash Payment A – Documented Losses, up to $5,000 per Settlement Class Member, with supporting documentation; or (b) Cash Payment B – Flat Cash, an estimated $100 Settlement Class Member Benefit; and, in addition to a Cash Payment (c) Credit Monitoring for one year of Credit Monitoring with three credit bureaus. 

All Settlement Class Cash Payments will be subject to a pro rata increase in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of the Cash Payments will be reduced pro rata accordingly. Any pro rata increases or decreases to Cash Payments will be on an equal percentage basis.

Business practice changes – Defendant has undertaken reasonable steps to further secure its systems and environments and the changes and improvements that have been made or are being made to protect Settlement Class Members’ Private Information.

Settlement Class Members that submit a valid and timely Claim Form may select one of the following Cash Payments:

1. Cash Payment A - Documented Losses: Settlement Class Members may submit a Claim for up to a total of $5,000 per Settlement Class Member, upon submission of a Claim and supporting documentation. 

To receive a documented loss payment, a Settlement Class Member must elect Cash Payment A on the Claim Form attesting under penalty of perjury to incurring documenting losses. Settlement Class Members will be required to submit reasonable documentation supporting the losses. Settlement Class Members shall not be reimbursed for expenses if they have been reimbursed for the same expenses by another source, including compensation provided in connection with the identity protection and credit monitoring services offered as part of the notification letter provided by Defendant or otherwise. If a Settlement Class Member does not submit reasonable documentation supporting a loss, or if their Claim is rejected by the Settlement Administrator for any reason, and the Settlement Class Member fails to cure his or her Claim, the Claim will be rejected.

             OR

1. Cash Payment B – Flat Cash: As an alternative to Cash Payment A – Documented Losses above, a Settlement Class Member may elect to receive Cash Payment B – Flat Cash, which is a flat cash payment in an estimated amount of $100. 

The amount of the Cash Payments will be increased or decreased on a pro rata basis, depending upon the number of Valid Claims filed and the amount of funds available for these payments.

In addition to electing a Cash Payment, Settlement Class Members may also elect:

3. Credit Monitoring: up to one year of Credit Monitoring with three credit bureaus. Credit Monitoring has a value of $90 per year per Settlement Class Member.

To receive a Settlement Class Member Benefit, you must complete and submit a Claim Form by selecting the Submit Claim option from the homepage or by mail to:

Settlement Administrator – 83144

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by Monday, July 14, 2025 or by mail postmarked no later than Monday, July 14, 2025.

To receive an electronic or ACH payment for your Valid Claim, you must file a claim online by clicking here.

The Court will hold a Final Approval Hearing via the Zoom platform on Tuesday, July 29, 2025, at 9:30 a.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all of the Claim Forms to be processed. Please be patient. Payments will begin after the Settlement has obtained Court approval and the time for all appeals has expired.

Defendant and its affiliates will receive a Release from all claims that could have been or that were brought against Defendant relating to the Data Incident. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and each entity which is controlled by, controlling or under common control with Defendant and its past, present, and future direct and indirect heirs, assigns, associates, corporations, investors, owners, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, members, agents, servants, employees, partners, attorneys, insurers, reinsurers, benefit plans, predecessors, successors, managers, administrators, executors, and trustees, and assigns of each of them as well as covered entities associated with the Data Incident. These Releases are described in Section XIII of the Settlement Agreement, which is available here. If you have any questions, you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement.

No. Unless you exclude yourself, you give up any right to sue Defendant and any other Released Parties for any claim that could have been or was brought relating to the Data Incident. You must exclude yourself from the Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. 

To exclude yourself, send an opt-out request or written notice of intent to opt-out that says you want to be excluded from the Settlement in In re Thriving Minds Data Breach Litigation, Case No. 2024-010316-CA-01. The opt-out request must be personally signed by the Settlement Class Member and contain the requestor’s name, address, telephone number, and email address (if any), and include a statement indicating a request to be excluded from the Settlement Class. Any Settlement Class Member who does not file a timely opt-out request as described will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. You must mail your opt-out request to the Settlement Administrator postmarked by Monday, June 30, 2025 to:

Settlement Administrator – 83144

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

You can tell the Court that you do not agree with the Settlement, and/or Application for Attorneys’ Fees, Costs and Service Awards or some part of it by objecting to the Settlement. For an objection to be a valid objection under the Settlement, it must be in writing, filed with the Court, and sent by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the address listed below, postmarked by no later than Monday, June 30, 2025.

Your objection must be written and must include all of the following: 

1. the objector’s full name, mailing address, telephone number, and email address (if any); 
2. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; 
3. the number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case; 
4. the identity of all counsel who represent the objector, 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; 
5. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the 5 years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection 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 in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years; 
6. the identity of all counsel (if any) representing the objector, and whether they will appear at the Final Approval Hearing; 
7. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any); 
8. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and 
9. the objector’s signature (an attorney’s signature is not sufficient). 

 [SM1]Please confirm Court Address.

Objecting is telling the Court that you do not like the Settlement or parts of it and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. 

Yes. The Court appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Samuel Strauss of Strauss Borrelli PLLC, John Yanchunis of Morgan & Morgan P.A., and Manuel Hiraldo of Hiraldo P.A., as Class Counsel to represent the Settlement Class in Settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file an Application for Attorneys’ Fees, Costs and Service Awards for an award of attorneys’ fees to be paid from the Settlement Fund not to exceed 35% of the Settlement Fund, or $315,000, plus reimbursement of reasonable costs. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will include a request for Service Award payments for the Class Representatives in recognition for their contributions to this Action not to exceed $2,500 per Plaintiff, from the Settlement Fund.

Any attorneys’ fees, costs and Service Award payments must be approved by the Court. The Court may award less than the amounts requested.

The Court will hold a Final Approval Hearing at Tuesday, July 29, 2025, at 9:30 a.m. ET , via the Zoom platform as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the Application for Attorneys’ Fees, Costs and Service Awards payments. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this Settlement Website, or by calling (833) 876-5219.

No. Class Counsel will present the Settlement Class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 15, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 15, including all the information required. Your objection must be mailed to the Clerk of the Court, Class Counsel, Defendant’s Counsel and the Settlement Administrator, at the mailing addresses listed above, postmarked by no later than the Monday, June 30, 2025.

If you do nothing, you will not receive any benefits from this Settlement. If the Settlement is granted Final Approval and becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties based on any claim that could have been or that was brought relating to the Data Incident.

This Notice summarizes the Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available at the Documents tab of this site. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 876-5219.

It is your responsibility to inform this Settlement Administrator of your updated information. You may do so at the address below, calling toll-free (833) 876-5219 or at the Contact US page of this Settlement Website:  

Settlement Administrator – 83144

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

PLEASE DO NOT CONTACT THE COURT, CLERK OF THE COURT OR CLASS COUNSEL FOR INFORMATION ABOUT THE CLASS ACTION SETTLEMENT