1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. What is the deadline for submitting a claim?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The United States District Court for the Western District of New York authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Kane, et al., v. University of Rochester, Case No. 6:23-cv-06027, pending in the United States District Court for the Western District of New York. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, is called the “Defendant.”
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This lawsuit alleges that URMC violated certain federal and state privacy laws in the way it implemented its MyChart patient portal and the fillable forms on its public website. As set forth above, URMC denies each and all of the claims and contentions alleged against it in the Action and specifically denies that any tracking technologies were implemented in URMC’s patient portal or electronic medical record system.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Carol Kane and Bonnie Wilson, and everyone included in this Action are the Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Settlement Class includes individuals who (1) accessed or otherwise used URMC’s MyChart patient portal between January 11, 2021, and January 11, 2023, or (2) filled out forms on URMC’s public website between January 1, 2018, and June 12, 2023.
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Yes. Excluded from the Settlement Class are: (a) all persons who are directors and officers of URMC or its affiliates, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by contacting the Settlement Administrator at:
URMC Privacy Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@URMCWebsiteSettlement.com
(833) 285-3386
You may also view the Settlement Agreement here.
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URMC has agreed to establish a Settlement Fund of $2,850,000.000. Once attorneys’ fees, costs and expenses of litigation, Service Awards for the Class Representatives, and the costs of administration are paid, the entire remaining amount will be distributed evenly to all Class Members who file valid claims.
The specific amount of the cash payment will depend primarily on the number of Class Members who claim this benefit.
If you have questions about this benefit, or how to file a claim, see Question 9.
You may also contact the Settlement Administrator at:
URMC Privacy Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@URMCWebsiteSettlement.com
(833) 285-3386
The full Settlement Agreement is available here.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review at the Important Documents section.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download the Claim Form here and mail it to the Settlement Administrator at:
URMC Privacy Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 285-3386, by email info@URMCWebsiteSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by July 21, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than July 21, 2025.
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The Court will hold a final approval hearing on August 21, 2025, at 1:00 p.m. 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 benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.
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Yes, the Court appointed David S. Almeida of the Almeida Law Group LLC, and James J. Bilsborrow of Weitz & Luxenberg P.C., to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will seek Court approval for attorneys’ fees of up to 35% of the Settlement Fund ($997,500.00), reasonable litigation costs and expenses, and Service Awards of $2,500.00 for both of the named Plaintiffs. These fees, costs and expenses, and awards, as well as the costs of administration, will be paid from the Settlement Fund.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is July 21, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
the name of the Action: Kane, et al., v. University of Rochester, Case No. 6:23-cv-06027, pending in the United States District Court for the Western District of New York
your full name;
current address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than July 21, 2025.
URMC Privacy Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
You may only exclude yourself— not any other person.
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If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
the name of the Action: Kane, et al., v. University of Rochester, Case No. 6:23-cv-06027, pending in the United States District Court for the Western District of New York
your full name, address, telephone number, and e-mail address (if any);
information identifying you as a Class Member, including proof that you are a member of the Settlement Class;
a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
the identity of any and all counsel representing you in connection with the objection;
a statement as to whether you and/or your counsel will appear at the Final Fairness Hearing; and
your signature and the signature of your duly authorized attorney or other duly authorized representative, if any (along with documentation setting forth such representation).
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for URMC, no later than July 21, 2025.
Send copies of your written notice of objection to each of the following:
Clerk of the Court | Class Counsel | Counsel for URMC |
Clerk of the Court | David S. Almeida, Esq. | David Carney, Esq. |
If you do not comply with the requirements for objecting you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.
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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 the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on August 21, 2025, at 1:00 p.m. Central Time, in Room Court Room 5 of the United States District Court for the Western District of New York, at 100 State Street, Rochester, New York 14614.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (see Question 17).
The date and time of this final approval hearing may change without further notice. Please check here for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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If you are a Class Member and you do nothing, you will give up the rights described in Question 8, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.
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The website and the Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents section.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
URMC Privacy Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@URMCWebsiteSettlement.com
(833) 285-3386
You may also view the Settlement Agreement here.
Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, U.S. Courthouse, 100 State Street, Rochester, New York 14614.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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