Frequently Asked Questions

You are a Class Member if you are an individual whose Personal Information was compromised in the Data Incident and do not elect to be excluded from the Class by filing a timely Request for Exclusion in accordance with the requirements set forth in the Preliminary Approval Order and the Notice. 

The Class specifically excludes: (1) the judge presiding over this Litigation, and members of his direct family; (2) Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parent companies have a controlling interest, and their current or former officers and directors; and (3) Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

This Settlement Website explains the nature of the Litigation and claims being settled, your legal rights, and the benefits to the Class.
 

This case is titled Lucisbel Cruz-Bermudez and Helmut Becker v. Henry Schein, Inc., Case No. 2:24-cv-00387-BMS, filed in the United States District Court for the Eastern District of New York. The persons who sued are called the “Plaintiffs” and the company they sued, Henry Schein, Inc., is known as the “Defendant” in this case.

Plaintiffs filed a lawsuit against Defendant individually, and on behalf of anyone whose Personal Information was compromised as a result of the Data Breach.

This Litigation alleges that in September 2023, Defendant suffered a data breach impacting certain company systems (the “Data Breach”). The Data Breach was found to have compromised certain private and personally identifying information stored in Defendant’s files including names, addresses, phone numbers, email addresses, photographs, dates of birth, demographic information, background information, government-issued identification numbers, Social Security Numbers, driver’s license numbers, state identification numbers, passport numbers, financial information, bank account information, credit card numbers, loan information, medical history, medical treatment, insurance information, employment information, and/or IP addresses (“Personal Information”). The private and/or personally identifying information of approximately 166,432 people was accessed as a result of this Data Breach. 

Defendant vigorously denies all claims asserted against it in the Litigation, and denies all allegations of wrongdoing and liability.

By agreeing to settle, the Parties have agreed to resolve the Litigation and all claims arising out of or related to the allegations or subject matter of the Litigation for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing the Litigation. The Class Representatives, Defendant, and their respective attorneys believe the proposed Settlement is fair, reasonable, and adequate. The Class Representatives and Class Counsel further believe the Settlement is in the best interests for Class Members. The Court did not decide in favor of the Plaintiffs or Defendants. Full details about the proposed Settlement are found in the Settlement Agreement available on the Documents page of this Settlement Website.
 

In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims.  All of these people together are the “class” or “class members.”  Here, the Class Representatives are Lucisbel Cruz-Bermudez, Helmut Becker, and Randi Grifka.
 

You are included in the Class if you are an individual identified on the Class List whose Personal Information was compromised in the Data Breach and do not timely elect to be excluded from the Class. If you are not sure whether you are included as a Class Member, or have any other questions about the Settlement, explore this Settlement Website, call toll-free (833) 739-0857 or write to Cruz-Bermudez, et al. v. Henry Schein Inc., c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.
 

The proposed Settlement will provide the following compensation to Class Members:

•    Compensation for Out-of-Pocket Losses: All Class Members are eligible to recover compensation for up to $4,000 per person for Out-of-Pocket Losses incurred as a result of the Data Breach, including: unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after the Data Breach through the date of the claim submission; and miscellaneous expenses such as fees for notary, fax, postage, copying, mileage, and long-distance telephone charges.  

Claims will be subject to review for completeness and plausibility by the Settlement Administrator.

To receive reimbursement from the Settlement Fund for any of the above-referenced documented Out-of-Pocket Losses, Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator. 

•    Cash Fund Payment: All Class Members may also make a claim for a pro rata Cash Fund Payment from the Settlement Fund.  The amount of the pro rata Cash Fund Payment is estimated to be $50 per claimant. This amount of the Cash Fund Payment may increase or decrease based upon the number of claims approved. The pro rata Cash Fund Payments will evenly distribute the net amount of the $2,900,000 Settlement Fund, after payment of all Approved Claims for Out-of-Pocket Losses, Notice and Administrative Expenses, Taxes and Tax-Related Expenses, any Fee Award and Expenses, Service Awards, and any other amounts expressly authorized by the Settlement Agreement or approved by the Court.
 

All Claim Forms will be reviewed by the Settlement Administrator for completeness and plausibility. You must file a Claim Form to get Cash Fund Payment compensation or Out-of-Pocket Losses reimbursement from the Settlement Fund under the proposed Settlement. Claim Forms must be submitted online or mailed, postmarked no later than January 14, 2025. For more information, please explore this Settlement Website or you can call the Settlement Administrator at (833) 739-0857 for a Claim Form.   
 

If you stay in the Class, you will be eligible to receive compensation, but you will not be able to sue Defendant, and its past or present agents, subsidiaries, parents, divisions, and affiliates, and their respective past or present employees, officers, directors, shareholders, partners, members, managers, owners, heirs, executors, predecessors, successors, assigns, insurers (including excess insurers and reinsurers), vendors, attorneys, experts, advisors, consultants, contractors, auditors, accountants, administrators, fiduciaries, representatives, suppliers, sureties, trustees, and/or underwriters (collectively “Released Parties”) regarding the Released Claims.

The Settlement Agreement, which includes all provisions about Released Claims, releases, and Released Parties, is available on the Documents page of this Settlement Website.

The only way to keep the right to sue is to Opt-Out of the Class (see Question 10); otherwise you will be included in the Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.
 

Yes. If approved by the Court, the Class Representatives will each receive a Service Award of up to $5,000, to compensate them for their services and efforts in bringing the Litigation. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.
 

If you do not want to be included in the Settlement, you must “opt-out” by sending a timely written Request for Exclusion. Your Request for Exclusion must (a) state your full name and current address; (b) contain your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); (c) the name of the proceeding; and (d) state the words “Request for Exclusion” or otherwise express your intent to be excluded from the Class and from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. 

Your written Request for Exclusion must be postmarked no later than December 16, 2024 to:

Cruz-Bermudez, et al. v. Henry Schein Inc. 
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

If you exclude yourself, you will not be able to receive any Cash Fund Payment or Out-of-Pocket Losses reimbursement from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Litigation, and you will keep your right to sue Defendant on your own for the claims that this Settlement resolves.
 

No. If you do not exclude yourself (“opt-out”) from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Parties for the claims this Settlement resolves.
 

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money or reimbursement from the Settlement, and you will not be able to start or proceed with a lawsuit or be part of any other lawsuit against the Released Parties about the Released Claims in this case at any time.
 

Yes. The Court has appointed Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, and Raina Borrelli of Strauss Borrelli, PLLC (called “Class Counsel”) to represent the interests of all Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
 

Class Counsel will apply to the Court for a Fee Award and Expenses not to exceed one-third (1/3) of the total Settlement Fund (or $966,666.67) for fees in prosecuting the Litigation plus reasonable litigation expenses. A copy of Class Counsel’s Fee and Expense Application, which will include a request for Service Awards for Class Representatives, will be posted on this Settlement Website before the Final Approval Hearing. The Court will make the final decision as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.
 

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file/mail an objection with the Court and to the Settlement Administrator by December 16, 2024 (the “Objection Deadline”) stating why you do not think the Settlement should be approved. 

To be valid, each objection must include: 
(i) the name of the Litigation - Lucisbel Cruz-Bermudez and Helmut Becker v. Henry Schein, Inc; 
(ii) the Class Member’s full name, current mailing address, email address, and telephone number; 
(iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection; 
(iv) the identity of any attorneys representing the objector; 
(v) a statement regarding whether the Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; 
(vi) a statement identifying all class action settlements objected to by the Class Member in the previous five (5) years; and 
(vii) the signature of the Class Member or the Class Member’s attorney.

Your objection must be filed with the Clerk of Court, mailed to the Settlement Administrator and include the case name and docket number, titled Lucisbel Cruz-Bermudez and Helmut Becker v. Henry Schein, Inc., Case No. 2:24-cv-00387, by December 16, 2024 at the following addresses:

If you do not submit your objection with all requirements, or if your objection is not postmarked by December 16, 2024, you will be considered to have waived all objections and will not be entitled to speak at the Final Approval Hearing.
 

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Opting out (or excluding yourself) is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
 

The Court will hold the Final Approval Hearing on February 14, 2025, at 10:30 a.m. ET virtually, before the Honorable Judge Brian M. Cogan of the United States District Court for the Eastern District of New York. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this Settlement Website for updated information.

At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the Fee and Expense Application from Class Counsel, which will include the request for Service Awards to the Class Representatives.
 

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.  

If you submit an objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections that are summarized in Question 15.
 

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the requirements summarized in Question 15. You cannot speak at the hearing if you exclude yourself from the Settlement.
 

This is only a summary of the proposed Settlement. The Settlement Agreement provides a full description of the Settlement. If you want additional information about this Litigation, including a copy of the Settlement Agreement, the Complaint, Long Form Notice, Short Form Notice, Claim Form and more, please navigate to the Documents page of Settlement Website or call (833) 739-0857. You may also contact the Settlement Administrator at Cruz-Bermudez, et al. v. Henry Schein Inc., c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324, PO Box 5324, New York, NY 10150-5324. 
 

To update your contact information call (833) 739-0857 or please visit the 'Contact Us' page on this Settlement Website.