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 Litigation that is the subject of the settlement, the general terms of the settlement, and your legal rights and options.

Judge Steven D. Merryday of the United States District Court for the Middle District of Florida is overseeing this case captioned as Viviani, et al. v. Watson Clinic, LLP, Case No. 8:24-cv-2157-SDM-LSG. The people who brought the lawsuit are called the Plaintiffs. The entity being sued, Watson Clinic, LLP, is called the Defendant.

The Litigation claims that Defendant was responsible for the Data Incident and asserts claims for negligence, breach of implied contract, breach of fiduciary duty, violation of the Florida Deceptive and Unfair Trade Practices Act, declaratory judgment, negligence per se, unjust enrichment, and invasion of privacy.

Defendant denies these claims. No court or other judicial entity has made any judgment or other determination that Defendant has any liability for these claims or did anything wrong.

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 exclude themselves from the class.

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 Settlement Class Members. The Class Representatives, appointed to represent the Class, and the attorneys for the 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 member of the Settlement Class if you are an individual U.S. resident to whom Watson sent notice of the Data Incident.

Only Settlement Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class are: (1) the Judge and Magistrate Judge presiding over the Lawsuits, any members of the Judges’ respective staffs, and immediate members of the Judges’ respective families; (2) officers, directors, members and shareholders of Watson; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class and the successors and assigns of any such excluded persons; and (4) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Data Incident or who pleads nolo contendere to any such charge. Watson represents that there are no such individuals known within the Settlement Class.

If you are not sure whether you are included in the Settlement, you may call (833) 630-5410 with questions.  You may also write with questions to:

Watson Clinic Data Incident

c/o Kroll Settlement Administration

P.O. Box 225391

New York, NY 10150-5391

The settlement provides that Defendant will fund the following payments up to a total of $10,000,000: (a) Digital Image Cash Payments ranging from $100 to $75,000 to individuals who had one or more digital images published on the dark web as a result of the Data Incident; (b) up to $500 for reimbursement of your documented Ordinary Out-of-Pocket Losses reasonably traceable to the Data Incident, subject to adjustment as set forth below; (c) up to $6,500 for Extraordinary Losses that are fairly traceable to the Data Incident, subject to adjustment as set forth below (including payment for up to 5 hours of time spent remedying issues related to the Data Incident at a rate of $25 per hour, subject to adjustment as set forth below); and (d) a Residual Cash Payment of up to $50, subject to adjustment as set forth below. 

Any funds from uncashed checks for Digital Image Cash Payments will be redistributed via checks with a uniform, pro rata, percentage increase to those Settlement Class Members who cashed checks for Digital Image Cash Payments.

In addition to, or in the alternative to, making claims for Ordinary Out-of-Pocket Losses and/or Extraordinary Losses and Attested Time, Settlement Class Members may elect to receive a cash payment of up to $50 on a claims-made basis. All Settlement Class Members with an Approved Claim will receive the Residual Cash Payment, if funds are available. The amount of the Residual Cash Payment (the “Remainder”) will be calculated by subtracting from the $10,000,000 Settlement Fund the aggregate amount of Approved Claims for Digital Image Cash Payments, Approved Claims for Ordinary Out-of-Pocket Losses, Approved Claims for Extraordinary Losses and Attested Time,  Costs of Claims Administration, service awards awarded by the Court, and attorneys’ fees and litigation expenses awarded by the Court to determine the funds remaining in the Settlement Fund and dividing the Remainder by the number of Settlement Class Members with an Approved Claim, and thus could be less than $50. If the aggregate amount of Approved Claims for Ordinary Out-of-Pocket Losses, Approved Claims for Extraordinary Losses and Attested Time, and approved Residual Cash Payments is less than the Remainder, the difference will be allocated with a uniform, pro rata percentage increase to Settlement Class Members eligible for Digital Image Cash Payments and distributed as described in Paragraph 2.3 of the Settlement Agreement.

Settlement Class Members who submit a claim are eligible to receive:

1. Reimbursement for “Ordinary” Out-of-Pocket Losses (up to $500 in total).  “Ordinary Out-of-Pocket Losses” are unreimbursed costs, losses, or expenditures incurred by a Settlement Class Member in responding to notice of the Data Incident that were incurred between January 26, 2024, and the Claims Deadline.
   1. Ordinary Out-of-Pocket Losses may include, without limitation, the following: (1) costs associated with accessing or freezing/unfreezing credit reports with any credit-reporting agency; (2) other miscellaneous expenses incurred related to any Ordinary Out-of- Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; and (3) credit monitoring or other mitigative costs.
   2. Settlement Class Members who elect to submit a claim for reimbursement of Ordinary Out-of-Pocket Losses must provide to the Claims Administrator the information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation supporting the unreimbursed cost, loss, or expenditure; (3) evidence that the losses were fairly traceable to the Data Incident; and (4) a brief description of the documentation describing the nature of the cost, loss, or expenditure, if the nature of the cost, loss, or expenditure is not apparent from the documentation alone. Documentation supporting Ordinary Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class Member that demonstrates the costs incurred. “Self-prepared” documents, such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support to other submitted documentation. 

AND/OR

2. Reimbursement for “Extraordinary” Losses and Attested Time (up to $6,500 in total). Extraordinary Losses are unreimbursed costs, losses, or expenditures incurred by a Settlement Class Member that are fairly traceable to the Data Incident, and are costs, losses, or expenditures that are not reimbursable as Ordinary Out-of-Pocket Losses. 
   1. Settlement Class Members with valid, documented Extraordinary Losses may also submit a claim for Attested Time up to 5 hours of time spent remedying issues related to the Data Incident at a rate of $25 per hour by providing an attestation and a brief description of: (1) the actions taken in response to the Data Incident; and (2) the time associated with each action.
   2. Settlement Class Members who elect to submit a claim for reimbursement of Extraordinary Losses must provide to the Claims Administrator the information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation supporting the unreimbursed cost, loss, or expenditure; (3) evidence that the losses were fairly traceable to the Data Incident; and (4) a brief description of the documentation describing the nature of the cost, loss, or expenditure, if the nature of the cost, loss, or expenditure is not apparent from the documentation alone. Documentation supporting Extraordinary Losses can include receipts or other documentation not “self-prepared” by the Settlement Class Member that documents the unreimbursed cost, loss, or expenditure incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support to other submitted documentation.

If the aggregate amount of Approved Claims for Ordinary Out-of-Pocket Losses and Approved Claims for Extraordinary Losses and Attested Time exceeds the remaining amount of the Settlement Fund after payment for the Costs of Claims Administration, service award payments approved by the Court, and attorneys’ fees and litigation expenses awarded by the Court, Approved Claims for Ordinary Out-of-Pocket Losses and Approved Claims for Extraordinary Losses and Attested Time will be decreased pro rata to consume the remaining amount of the Settlement Fund.

AND/OR

3. Residual Cash Payment (capped at $50). All Settlement Class Members with an Approved Claim will receive the Residual Cash Payment, if funds are available. The amount of the Residual Cash Payment will be calculated by subtracting from the $10,000,000 Settlement Fund the aggregate amount of Approved Claims for Digital Image Cash Payments, Approved Claims for Ordinary Out-of-Pocket Losses, Approved Claims for Extraordinary Losses and Attested Time, Costs of Claims Administration, service awards awarded by the Court, and attorneys’ fees and litigation expenses awarded by the Court to determine the funds remaining in the Settlement Fund and dividing this Remainder by the number of Settlement Class Members with an Approved Claim, and thus could be less than $50. If the aggregate amount of Approved Claims for Ordinary Out-of-Pocket Losses, Approved Claims for Extraordinary Losses and Attested Time, and Approved Residual Cash Payments is less than the Remainder, the difference will be allocated with a uniform, pro rata percentage increase to Settlement Class Members eligible for Digital Image Cash Payments and distributed as described above in Paragraph 2.3 of the Settlement Agreement

To receive a benefit under the settlement (other than the Digital Image Cash Payments, if applicable), you must complete and submit a claim for that benefit. Every claim must be made on a form (“Claim Form”) available here. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Court will hold a Final Fairness Hearing on March 9, 2026, at 10 a.m. ET 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 exclude yourself from the settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and other Released Parties individually as to all Released Claims  arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available on the Documents Page of this website. 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.

No.  If you exclude yourself 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 exclude yourself, you give up any right to sue Defendant (and any other Released Parties) separately for the claims that this settlement resolves. If you want to exclude yourself, then do not submit a Claim Form to ask for any benefit under the settlement.

To exclude yourself, send a letter that says you want to be excluded or opt-out from the Settlement in Viviani, et al. v. Watson Clinic, LLP, Case No. 8:24-cv-2157-SDM-LSG, United States District Court, Middle District of Florida. The letter must state your full name, current address, personal signature, and the words “Request for Exclusion,” or a comparable statement that the individual does not wish to participate in the settlement. You must mail your exclusion request postmarked no later than January 6, 2026, to:

Watson Clinic Data Incident
Attn: Exclusion Request
P.O. Box 225391
New York, NY 10150-5391

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 mail your objection to the Clerk of the Court, counsel for Watson Clinic, and Proposed Class Counsel at the mailing addresses listed below, postmarked by no later than January 6, 2026:

Your objection must be written and must include all of the following: (i) the name or caption of this Litigation; (ii) the objector’s full name, address, telephone number, and e-mail address (if any); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative, if any. 

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. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the settlement. If you exclude yourself, 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 Patrick A. Barthle II of Morgan & Morgan Complex Litigation Group and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC to represent the Settlement Class. 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 33% ($3,300,000) of the Settlement Fund, plus litigation expenses not to exceed $100,000. Watson Clinic has agreed to not take a position as to any award of attorneys’ fees and litigation expenses up to those amounts, to the extent they are approved by the Court. This payment for any attorneys’ fees and litigation expenses 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.

Class Counsel will also ask the Court for service awards up to $2,500 for each of the Class Representatives for their services in representing the Settlement Class in this matter. Watson Clinic has agreed to not take a position as to any award of service awards up to this amount.

Any award for attorneys’ fees and litigation expenses for Class Counsel and the Class Representative service awards must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s papers in support of final approval of the settlement will be filed no later than February 23, 2026, and their application for attorney’s fees and litigation expenses and service awards will be filed no later than December 23, 2025, and will be posted on the Settlement Website.

The Court will hold a Final Fairness Hearing at 10 a.m. ET on March 9, 2026, at United States District Court, Middle District of Florida, Tampa Division, in Courtroom 15A of the Sam M. Gibbons Courthouse in Tampa, Florida, or by remote or virtual means as ordered by the Court. 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 attorney’s fees and litigation expenses and 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 recommend checking this website or calling (833) 630-5410.

No. Class Counsel will present the Settlement Agreement 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 Fairness 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 mailed to the Clerk of the Court, Class Counsel, and counsel for Watson Clinic postmarked no later than January 6, 2026.

If you do nothing, you will not get any money from this settlement other than Digital Image Cash Payments (if you qualify). If the Court grants final approval of the settlement and the judgment becomes Final, then you will not be able to start a separate lawsuit, continue with an existing lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims related to the Data Incident.

This Notice summarizes the proposed settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available at this website. You may also call the Claims Administrator with questions or to receive a Claim Form at (833) 630 5410.

This Notice is approved by the United States District Court for the Middle District of Florida, Tampa Division. DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT. Please contact the Claims Administrator or Class Counsel if you have any questions about the settlement.