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 lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

The Hon. Mark G. Mastroianni is overseeing this case captioned as Clarkson, et al. v. Onsite Mammography, LLC, d/b/a Onsite Women’s Health, Case No. 3:25-cv-11123-MGM. The people who brought the lawsuit are called the Plaintiffs or Representative Plaintiffs. The Plaintiffs are Rose Clarkson, June Mack, Valerie Hicks, Carrie Devers, Theresa Culver, Amy Capodici, Georgeann Roberts, and Pamela Silver. The entity being sued, Onsite Mammography, LLC, d/b/a Onsite Women’s Health, is called the Defendant.

The lawsuit claims that Defendant was responsible for the Incident and asserts claims such as negligence, breach of implied contract, breach of fiduciary duty, invasion of privacy, unjust enrichment, and declaratory judgment.

Defendant denies all material allegations in the Consolidated Amended Class Action Complaint, and all prior complaints, denies wrongdoing of any kind, denies liability on any claims asserted, and further specifically denies liability for all statutory, common law, and contract-related claims alleging it had inadequate data security or failed to properly protect any personal data or respond appropriately to the Incident.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who opt-out of the Settlement.

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 members of the Settlement Class (“Settlement Class Members”). The Class Representatives appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) 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 an individual residing in the United States whose Private Information may have been impacted by the Incident and received written notice from the Defendants that your Personal Information may have been compromised in the Incident.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are (1) Defendant, Defendant’s current or former parents, subsidiaries, divisions, or affiliates, or their respective successors or predecessors, or any entity in which Defendant or its parents has a controlling interest, or any of their current or former officers and directors; (2) all judges presiding over the Action and members of their families; (3) persons who properly execute and file a timely request for exclusion from the Settlement Class; (4) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released and; (5) the legal representatives, successors, and assigns of any such excluded person.

If you are not sure whether you are included in the Settlement, you may call 1-855-389-9238 with questions.  You may also write with questions to:

Onsite Settlement Administrator
P.O. Box 3868
Baton Rouge, LA 70821
www.OnsiteSettlement.com

The Settlement provides that Defendants will pay $2,525,000.00 for the following: (a) Reimbursement for Out-of-Pocket Losses, which compensates Settlement Class Members up to $5,000.00 for unreimbursed costs, losses, or expenditures; (b) Pro Rata Cash Payments, which compensates Settlement Class Members with a flat pro rata cash payment; (c) three years of Credit and Medical/Healthcare Data Monitoring and Insurance Services at Defendant’s expense; (d) all Settlement Administration Costs; and (e) any attorneys’ fees and cost awarded by the Court to Class Counsel.

Payments for approved Pro Rata Cash Payment claims shall be made from amount remaining in the Settlement Fund after payment of all (i) Notice and Administrative Expenses; (ii) Taxes and Tax-Related Expenses; (iii) Service Awards;  (iv) Attorneys’ Fee Award and Expenses, (v) Approved Claims for Out-of-Pocket Losses; and (vi) Approved Claims for CMIS.

Settlement Class Members who submit a valid Claim are eligible to receive the following:

Reimbursement for Out-of-Pocket Losses: Class Members may be reimbursed for actual, documented, unreimbursed losses resulting from the Incident (up to $5,000.00 in total) that were incurred on or after October, 2024. To receive a Reimbursement for Out-of-Pocket Loss, a Class Member must provide: (i) the Settlement Class Member’s name and current address; (ii) documentation supporting the unreimbursed cost(s), loss(es), or expenditure(s); and (iii) a brief description of the documentation describing the nature of the cost(s), loss(es), or expenditure(s), if the nature of the cost(s), loss(es), or expenditure(s) are not apparent from the documentation alone.

Examples of documented, unreimbursed losses may include:

• costs associated with accessing or freezing/unfreezing credit reports with any credit-reporting agency;
• other miscellaneous expenses incurred related to any Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; and
• credit monitoring or other mitigative costs.

Pro Rata Cash Payments: A pro rata Cash Payment may be increased or decreased depending upon the number of claims made and approved. Payments for approved Pro Rata Cash Payment claims shall be made from amount remaining in the Settlement Fund after payment of all (i) Notice and Administrative Expenses; (ii) Taxes and Tax-Related Expenses; (iii) Service Awards; (iv) Attorneys’ Fee Award and Expenses, and (v) Approved Claims for Out-of-Pocket Losses; and (vi) Approved Claims for CMIS.

Credit and Medical/Healthcare Data Monitoring and Insurance Services (“CMIS”):Class Members may claim three (3) years of CMIS, equivalent to CyEx Medical Shield Complete, which includes three credit bureau monitoring services and $1 million in identity theft insurance.

To receive a settlement benefit under the Settlement, you must complete and submit a Claim Form for that benefit (“Claim”). Every Claim must be made on a form (“Claim Form”) available at this website or by calling 1-855-389-9238. Claim Forms will also be sent to Settlement Class Members as part of the Notice in the form of postcard and tear-off Claim Form that will be mailed. Read the instructions carefully, complete the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner, then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on September 9, 2026 at 12:00pm. EST to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not opt-out of the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and others (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Incident. This release is described in 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 at your own expense.

No. If you opt-out, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

No. Unless you opt-out, you give up any right to sue Defendant (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.

To opt-out, complete your exclusion request electronically here, or send a written request that says you want to be excluded, or opt-out, from the Settlement in Clarkson, et al. v. Onsite Mammography, LLC, d/b/a Onsite Women’s Health, Case No. 3:25-cv-11123-MGM (United States District Court for the District of Massachusetts). The letter must: (a) Identify the case name and number of the Action; (b) Identify the name and address of the individual seeking exclusion from the Settlement; (c) Be personally signed by the individual seeking exclusion; and (d) Include a statement clearly indicating the individual’s intent to be excluded from the Settlement; and (e) Request exclusion only for that one individual whose personal signature appears on the request. You must submit your request online or mail your opt-out request postmarked by July 13, 2026, to:

Onsite Settlement Administrator
Attn: Exclusion Request
P.O. Box 3868
Baton Rouge, LA 70821

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must submit a timely written notice of an objection in the appropriate form. It must be filed with or submitted to the Clerk of the Court, on or before the Objection Deadline: July 13, 2026. Objections must also be served concurrently with their filing upon Proposed Class Counsel and counsel for Defendant. The address for the Clerk of Court is 300 State St., Suite 120, Springfield, MA 01105.

Your objection must be written and must include all of the following: (a) the objector’s full name, mailing address, telephone number, and email address (if any); (b) all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; (c) the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing; (d) a list of all expert witnesses who will be called to testify at the Final Approval Hearing in support of the objection (if any); (e) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and (f) the objector’s signature (or, if represented by counsel, an attorney’s signature).

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Opting-out is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any of the Settlement Class Member Benefits from the Settlement. If you opt-out, then you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Elena A. Belov, Almeida Law Group LLC, Marc H. Edelson, Edelson Lechtzin LLP and Jonathan S. Mann, Pittman, Dutton, Hellums, Bradley & Mann, P.C. as Class Counsel to represent the Class. Their contact information is listed above in Question 16.

If you want to be represented by your own lawyer, then you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys’ fees up to 1/3 of the Settlement Fund and expenses in an amount not to exceed ($30,000.00), subject to court approval. This payment for any attorneys’ fees and costs to Class Counsel will be made out of the Settlement Fund. 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.

Any award for attorneys’ fees and costs for Class Counsel must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s Motion for Final Approval of the Settlement will be filed no later than June 29, 2026, which will include their application for attorneys’ fees and costs. The Motion for Final Approval will be posted on the Settlement Website.

 The Court will hold a Final Approval Hearing at 12:00 PM ET on September 9, 2026, in the Hampden Courtroom at the Springfield Courthouse for the United States District Court for the District of Massachusetts at 300 State Street, Springfield, Massachusetts 01105. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then 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 request for an award of attorneys’ fees, reasonable costs and expenses, and any service awards. 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 website or calling 1-855-389-9238.

No. Class Counsel will present the Settlement 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 16, 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 16, including all the information required. Your objection must be filed with or submitted to the Clerk of the Court and/or Class Counsel and/or Defense Counsel, no later than July 13, 2026. See Question 16 for further details on the requirements for submitting an objection to the Settlement.

If you do nothing, you will not get a Cash Payment or Credit Monitoring from this Settlement. If the Settlement is granted Final Approval and the judgment becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and the other Released Parties based on any of the Released Claims related to the Incident, ever again.

This notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-855-389-9238.