Frequently Asked Questions

A Court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and all of your rights and options before the Court decides to grant Final Approval of the Settlement.

This notice explains the lawsuit, the Settlement, your rights, what benefits are available, who is eligible for them, and how to get them. The lawsuit is Amish Parikh, et al. v. The Kendal Corporation, No. 2:25-CV-00129, in the United States District Court for the Eastern District of Pennsylvania.

Plaintiff Amish Parikh and Niamh Jacobsen* (“Representative Plaintiffs”), individually and on behalf of the Settlement Class, filed this lawsuit against Defendant. Representative Plaintiffs alleges that between June 26, 2024, and June 30, 2024, certain files on the Kendal network were potentially accessed without authorization. The attacker accessed and acquired files related to current and former employees of Kendal and its affiliate care communities. The impacted information may include, but is not limited to, names, Social Security numbers, and checking account/routing numbers provided for direct deposit.

Representative Plaintiffs brought this lawsuit against Defendant alleging legal claims for negligence, breach of implied contract, and unjust enrichment. Kendal denies each and all of the claims and contentions alleged against it in the lawsuit, denies any and all liability or wrongdoing of any kind, and denies all charges of wrongdoing or liability as alleged, or which could be alleged.

*Niamh Jacobsen is the named plaintiff in a related action arising from the same Data Incident styled Niamh Jacobsen, individually and on behalf of all others similarly situated v. The Kendal Corporation, 1:25-cv-00104-MN.  It is the intention of the Parties to settle and resolve all claims arising from both actions by way of this Settlement.

In a class action, one or more people (called plaintiff(s) or class representative(s)) sue on behalf of all people who have similar legal claims. Together, all these people are called a “class” or “class members.” If the plaintiffs and defendant reach a settlement, the court resolves the issues for all class members via the settlement, except for those class members who timely opt out (exclude themselves) from the settlement.

The Court did not decide in favor of Plaintiff 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 Representative Plaintiffs and Class Counsel think the Settlement is in the best interest of the Settlement Class.

Settlement Class includes all individuals to whom Defendant mailed notices that their private information was potentially compromised in the Data Incident.

Yes. The Settlement Class specifically excludes: (i) Defendant and Defendant’s parents, subsidiaries, affiliates, directors, and any entity in which Defendant has a controlling interest; (ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; (iv) the attorneys representing the Parties in the Action; (v) all judges assigned to hear any aspect of the Action, as well as their immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Data Breach, 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 Claims Administrator’s toll-free telephone number at 1-855-914-8541.

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

1. Reimbursement for Documented Monetary Losses:

All Settlement Class Members may submit a Claim for a cash payment under this section for up to $5,000.00 per Settlement Cass Member upon presentment of documented losses related to the Data Incident. To receive a payment for Documented Monetary Losses, you must attest that losses or expenses were incurred as a result of the Data Incident.

You will be required to submit reasonable documentation supporting the losses. Documented Monetary Losses may include, but are not limited to: (i) out of pocket credit monitoring costs that were incurred on or after June 26, 2024, through the date of Claim submission; (ii) unreimbursed losses associated with actual fraud or identity theft; and (iii) unreimbursed bank fees, long distance phone charges, postage, or gasoline for local travel. You may make claims for any documented unreimbursed out-of-pocket losses reasonably related to the Data Incident or to mitigating the effects of the Data Incident.

2. Pro Rata Cash Payment:

In addition to or instead of Documented Monetary Losses, you may claim a pro rata cash payment in the estimated amount of $100.00. The payments will be calculated by dividing remaining funds in the Settlement Fund, after payment of Settlement Administration Fees, Attorneys’ Fees Costs and Expenses, Credit Monitoring and Identity Restoration Services, and Documented Monetary Losses, by the number of eligible claims. The Pro Rata Cash Payments will be adjusted upwards or downwards based upon the number of valid claims filed.

3. Credit Monitoring and Identity Theft Restoration Services:

In addition to electing any of the other benefits, Settlement Class Members may claim three years of one-bureau Credit Monitoring that will provide the following benefits: one-bureau credit monitoring, dark web monitoring, identity theft insurance coverage for up to $1,000,000, and fully managed identity recovery services.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders 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 the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement Section 6 describes the Released Claims and the Release, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. 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 Question 15 for free, or you can talk to your own lawyer at your own expense.

To receive any of the benefits described in Question 8, you must submit a Valid Claim, postmarked or submitted online by March 30, 2026. Claim Forms may be submitted online here or printed from the Settlement Website and mailed to the Claims Administrator at the address on the Claim Form. The quickest way to submit a Claim is online. Claim Forms are also available by calling 1-855-914-8541 or by writing to:

Kendal Data Incident Claims Administrator
P.O. Box 3298
Baton Rouge, LA 70821

Claim Forms must be submitted online or by mail postmarked by October 1, 2025.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by calling 1-855-914-8541, by writing to info@KendalDataSettlement.com or to:

Kendal Data Incident Claims Administrator
P.O. Box 3298
Baton Rouge, LA 70821

If you submit a timely and Valid Claim, payment will be made to you by the Claims 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 submit a timely and Valid Claim for payment, and if your Claim and the Settlement are finally approved, you will be sent an electronic payment to the electronic payment option that you select when you file your claim or will be sent a paper check if you select that option. Several electronic payment options will be available, or you can elect a check. Please ensure you have provided a current and complete email address. If you select a paper check, the Claims Administrator will attempt to send you a check relying on your physical address submitted on your Claim Form.

Yes, the Court has appointed Leigh S. Montgomery of EKSM and David Lietz of Milberg Coleman Bryson Phillips Grossman, LLC as Class Counsel lawyer 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 may be contacted at the following address and phone number:

Leigh S. Montgomery
EKSM, LLP
4200 Montrose Blvd., Suite 200
Houston, Texas 77006
(713) 244-6363

David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
(866) 252-0878

Class Counsel will file a motion asking the Court to award attorneys’ fees of up to $150,000.00 of the $450,000 Settlement Fund, plus reimbursement of out-of-pocket litigation expenses. The Court may award less than the amount requested. Class Counsel will also request approval of Service Award of $2,500 for the Representative Plaintiffs. If awarded by the Court, the Claims Administrator will pay attorneys’ fees, litigation expenses, and service award out of the Settlement Fund.

Class Counsel’s motion for Attorneys’ Fees, Litigation Expenses, and Service Award will be made available on the Settlement Website here before the deadline for you to object to or opt out of the Settlement.

To opt out of the Settlement, you must timely submit written notice of a request to opt out. The written notice must include:

1. Your full name, current address, telephone number, and email address (if any);
2. A statement clearly indicating your request to be excluded from the Settlement Class; and
3. Your physical signature as a Settlement Class member;

The opt out request must be emailed or mailed to the Claims Administrator at the following address, and be postmarked no later than March 30, 2026:

Kendal Data Incident Claims Administrator
Exclusions
P.O. Box 3298

You cannot opt out by telephone.

No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported requests to Opt-Out as a group or in the aggregate shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by the Settlement Agreement, including the Release contained therein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion.

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

No. Unless you opt out, you give up any right to sue Defendant and other Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incident. You must opt out of the lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendant or other Released Parties. 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 do not agree with all or any part of the Settlement and/or Class Counsel’s motion for Attorneys’ Fees and Expenses.

To object, you must mail a timely, written notice of your objection. Your objection must be postmarked by March 30, 2026.

The objection must also include all of the following information:

• Your full name, current address, telephone number, and email address (if any);
• The case name and case number, Parikh, et al. v. The Kendal Corporation, 2:25-CV-00129;
• Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class, such as a copy of the Postcard notice you received;
• A written statement of all grounds for the objection, accompanied by any legal support for the objection;
• Identity of any and all counsel representing you in connection with the objection;
• Whether you or your counsel will appear at the Final Approval Hearing;
• Your signature and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation).

To be timely, written notice of an objection in the appropriate form must be mailed postmarked by March 30, 2026, to Class Counsel and Defendant’s Counsel:

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 simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. 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 April 29, 2026, at 10:00 a.m.ET to decide whether to approve the Settlement. 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 and Expenses, and Service Award. If there are objections, the Court will consider them. The Court will also listen to Settlement Class Members who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing in person. 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 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 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 Final Approval Hearing, you must follow all of the procedures for objecting to the Settlement listed in Question 20 above—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 the “Opting Out of the Settlement” section of this notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Data Incident.

The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling to 1-855-914-8541, by writing to info@KendalDataSettlement.com or:

Kendal Data Incident Claims Administrator
P.O. Box 3298
Baton Rouge, LA 70821