Frequently Asked Questions

The Court directed that Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the Settlement Benefits to Settlement Class Members who submitted a Valid Claim and the pending legal claims against THS will be released and dismissed.

This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The case is Kersey, et al., v. Therapeutic Health Services, Case No. 24-2-17679-9, currently pending in the Superior Court of the State of Washington, King County.

The Plaintiffs claim that Therapeutic Health Services is liable for the Data Incident and have asserted numerous legal claims against Therapeutic Health Services. Therapeutic Health Services denies each and all of the claims and contentions alleged against it in the Action.

In a class action, one or more people called “Class Representatives” sue on behalf of themselves and other people who they allege have similar claims. This group of people is called the “class,” and the people in the class are called “Settlement Class Members” or the “Settlement Class”. One Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. The persons who sued here— Nicole Kersey, Dana Gibson, Xandra Abram, and Casey Saputo —are called the Plaintiffs. The entity they sued— Therapeutic Health Services —is called the Defendant.

The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the costs and risks of a trial, and Settlement Class Members can get benefits or compensation. The Class Representatives and Class Counsel think the Settlement is in the best interest of the Settlement Class.

The Settlement Class is defined as: “All U.S. residents whose Personal Information was accessed and/or acquired in the Data Incident, as identified in the Settlement Class List to be provided by Defendant.”

Yes. The Settlement Class specifically excludes: (1) the Judge(s) presiding over the Action and members of their immediate families and their staff; (2) Defendant and its subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant, has a controlling interest and their current and former officers and directors; (3) Settlement Class Members who properly execute and submit a valid Request for Exclusion prior to the Opt-Out Deadline; and (4) the successors or assigns of any such excluded natural person(s).

Under the Settlement, THS will establish a non-reversionary settlement fund in the amount of $790,000.00. These funds will be used to pay for all Valid Claims made by Settlement Class Members, Notice and Administrative Expenses, Service Award Payments, and attorneys’ Fee Award and Costs. In no event shall THS pay more than $790,000.00.

Settlement Class Members may file a Claim for one or more of the following Settlement benefits.

• Reimbursement for Out-of-Pocket Losses: Settlement Class Members are eligible to receive up to $5,000.00 in reimbursement for the following documented Out-of-Pocket Losses, that are fairly traceable to the Data Incident, as long as those losses have not already been reimbursed from another source:

(i) unreimbursed losses relating to fraud or identity theft;

(ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;

(iii) costs associated with freezing or unfreezing credit with any credit reporting agency after February 26, 2024;

(iv) credit monitoring costs that were incurred on or after February 26, 2024 through the date of claim submission; and

(v) miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

Participating Settlement Class Members with Out-of-Pocket Losses must provide the Settlement Administrator with the information required to evaluate the claim, including: (1) the Participating Settlement Class Member’s name and current address; (2) documentation supporting their claim; (3) a brief description of the documentation describing the nature of the loss, if the loss is not apparent from the documentation alone; and (4) a statement certifying that the loss has not been reimbursed by another source. “Self-prepared” documents, such as handwritten receipts, are not sufficient on their own to receive reimbursement, but they may be submitted to help clarify or support other documentation.

• Cash Payment: Settlement Class Members can elect to make a Claim for a Cash Payment of up to $100. No documentation is required to make this Claim. The amount of the Cash Payment will be adjusted on a pro rata basis, depending upon the number of Valid Claims submitted and the amount of funds available for these payments.

• Credit Monitoring Services. Participating Settlement Class Members who submit a valid and timely Claim Form may also elect to receive three (3) years of three-bureau Credit Monitoring Services. No documentation or additional information is required to claim these services.

If you are a Settlement Class Member and do not exclude yourself from the Settlement, you will give up your right to sue, continue to sue, or be part of any other lawsuit against THS or other released parties for the claims covered by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement describes the Released Claims if you remain in the Settlement Class. The entire Settlement Agreement can be viewed here.

In order to receive any benefits from this Settlement, you must submit a Valid Claim, postmarked or submitted online by January 13, 2026. Claim Forms may be submitted online here or mailed to the address on the Claim Form. Be sure to read the Claim Form instructions carefully, include all required information, and add your signature. Claim Forms are also available by calling 1-84-577-9593 or by writing to:

THS Data Settlement Administrator
P.O. Box 1268
Baton Rouge, LA 70821

The Settlement Administrator will review your Claim to determine the validity and amount of your payment.

The amount of your payment will depend on the approved amount of your Claim and the total value of all approved Claims. The Settlement Administrator will decide whether the information provided on the Claim Form is complete and valid. The Settlement Administrator may require additional information from any claimant. If the Settlement Administrator requires additional information from you and you do not provide it in a timely manner, your Claim may not be paid at the Settlement Administrator’s discretion.

If you submit a timely and Valid Claim, Settlement benefits will be distributed to you by the Settlement Administrator 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. If you have further questions regarding payment timing, you may contact the Settlement Administrator by emailing info@THSDataSettlement.com.

Yes. The court has appointed Kaleigh N. Boyd of Tousley Brain Stephens PLLC, M. Anderson Berry of Clayeo C. Arnold, A Professional Corporation, and Timothy Emery of Emery Reddy PLLC to represent the Settlement Class. They are called Class Counsel. You will not be charged for their services.

If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court for you if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.

The attorneys representing the Class have not yet received any payment for their legal services or any reimbursement of the costs or out-of-pocket expenses they have incurred. Class Counsel plans to ask the Court to award attorneys’ fees from the Settlement Fund, not to exceed 30% of the Settlement Fund, or $237,000.00, plus reimbursement of Litigation Costs and Expenses not to exceed $25,000.00. Class Counsel will also seek Service Awards in the amount of $4,000.00 to each of the four Class Representatives.

The Court will determine whether to approve the amount of fees and costs and expenses requested by Class Counsel and the proposed Service Awards to the Class Representatives. Class Counsel will file an application for fees, expenses, and Service Awards no later than December 1, 2025. The Fee Application will be available here, or you can request a copy by contacting the Settlement Administrator.

If you are a Settlement Class Member and you do not want any benefits from this Settlement, and you want to keep the right to sue Therapeutic Health Services on your own about issues in this Litigation, then you must take steps to get out of the Settlement Class. This is called excluding yourself, or “opting out,” of the Settlement Class.

You may opt-out of the Settlement Class by December 15, 2025. To opt-out, you must mail a written notice of a request to op-out. You must include:

• The name of the case: Kersey, et al., v. Therapeutic Health Services, Case No. 24-2-17679-9 (King County Super. Court);
• Your full name, current address, and personal signature (or the original signature of a person authorized by law to act on your behalf, along with evidence of appointment of such person acting on your behalf); AND
• The words “Request for Exclusion” at the top of the document or a clear statement that you want to opt out of the Settlement.

You must mail your exclusion request, postmarked no later than December 15, 2025, to:

THS Data Settlement Administrator
P. O. Box 1268
Baton Rouge, LA 70821

If you fail to include the required information, your request will be deemed invalid and you will remain a Settlement Class Member and be bound by the Settlement, including all releases.

No. Unless you exclude yourself from the Settlement, you give up any right to sue Defendant for the claims that this Settlement resolves.

If you opt-out of the Settlement, you will not have any rights as a member of the Settlement Class. You will not receive a payment or any benefits as part of the Settlement. You will not be bound by the Settlement, releases, or by any further orders or judgements in this case. You will keep the right, if any, to sue on the claims alleged in the Litigation at your own expense.

In addition, if you opt-out of the Settlement, you cannot object to this Settlement because the Settlement no longer affects you. If you object to the Settlement and request to exclude yourself, your objection will be voided and you will be deemed to have excluded yourself.

If you are a Settlement Class Member and you do not opt-out of the Settlement, you can object to the Settlement if you do not like or agree with the Settlement or some part of it. You can give reasons to the Court why you think the Court should not approve the Settlement. The Court will consider your views before deciding.

To object, you must file a timely, written objection stating that you object to the Settlement. Your objection must include:

(i) The name of the case: Kersey, et al., v. Therapeutic Health Services, Case No. 24-2-17679-9 (Superior Court of the State of Washington, King County);

(ii) Your full name, mailing address, telephone number, and email address (if any);

(iii) a written statement of the specific grounds for the objection, as well as any legal basis and documents supporting the objection;

(iv) a written statement as to whether the objection applies only to you, to a specific subset of the class, or to the entire class;

(v) the identity of any and all attorneys representing you;

(vi) a statement regarding whether you (or his/her attorney) intends to appear at the Final Approval Hearing;

(vii) proof that you are a member of the Settlement Class (e.g., copy of Data Incident notice);

(viii) a list, including case name, court, and docket number, of all other cases in which you and/or your counsel has filed an objection to any proposed class action settlement in the past three (3) years; and

(ix) Your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

To be timely, written notice of an objection in the appropriate form must be mailed with a postmark date no later than December 15, 2025, to the Settlement Administrator at the address below.

THS Data Settlement Administrator
P.O. Box 1268
Baton Rouge, LA 70821

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above will waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation. 

Objecting is telling the Court that you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object to the Settlement only if you are a Settlement Class Member and do not opt-out of the Settlement. Opting out of the Settlement is telling the Court that you do not want to be part of the Class in this Settlement. If you opt-out, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing at 9:00 a.m. on January 23, 2026, located at 516 3rd Ave., Room C-203, Seattle, WA 98104. At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for an award of attorneys’ fees, costs, and expenses; and whether to approve Service Awards to the Class Representatives. If there are objections, the Court will consider them. The Court may choose to hear from people who have asked to speak at the hearing. At or after the hearing, the Court will decide whether to approve the Settlement. There is no deadline by which the Court must make its decision.

Note: The date and time of the Final Approval Hearing are subject to change. Any change will be posted to this website.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you mail an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in Question 19 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

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 the “Opting Out of the Settlement” section of this website, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Therapeutic Health Services or any of the Released Parties about the issues resolved by this Settlement and released by the Settlement Agreement.

Yes. This page summarizes the proposed Settlement. More details are in the Settlement Agreement and other case documents available here.

Visit the court Documents page here, where you will find more information, including the Claim Form, a copy of the Settlement Agreement, answers to questions about the Settlement and other information to help you determine whether you are eligible for a payment.

Contact the Settlement Administrator toll-free at 1-844-577-9593 or by writing to:

THS Data Settlement Administrator
P.O. Box 1268
Baton Rouge, LA 70821