In re Motility Data Breach Litigation

The Plaintiffs filed this lawsuit against the Defendant on behalf of themselves and all others similarly situated regarding a Data Incident that occurred in August 2025, which may have resulted in the unauthorized access to or acquisition of Settlement Class Members’ Private Information. The Private Information involved includes some combination of names, postal addresses, email addresses, telephone numbers, dates of birth, Social Security numbers, and driver’s license numbers. Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant or that any law has been violated. Instead, the Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement Class Member Benefits available and the risks and uncertainty associated with continuing the lawsuit.

You are included in the Settlement Class if your Private Information was impacted in the Data Incident.

Yes. Excluded from the Settlement Class are: (a) all officers and directors of Defendant; (b) governmental entities; (c) the Judge assigned to the lawsuit, that Judge’s immediate family, and Court staff; and (d) any Settlement Class Member who timely and properly opts-out of the Settlement.

If you are a Settlement Class Member, you may be eligible for the following Settlement Class Member Benefits:

Cash Payment A - Documented Losses

You may submit a Claim Form and provide reasonable documentation for losses related to fraud and/or identity theft as a result of the Data Incident for up to $5,000 per Settlement Class Member. Examples of reasonable documentation include, but are not limited to, telephone records, correspondence including emails, and/or receipts. Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring and identity theft protection product offered as part of the notification letter provided by the Defendant or otherwise. If you do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as determined by the Settlement Administrator and you do not cure your Claim Form, your Claim Form will be processed as if you elected Cash Payment B – Alternate Cash.

Cash Payment B – Alternate Cash

Instead of Cash Payment A, without providing documentation, you may submit a Claim Form to receive a pro rata (a legal term meaning equal share) Cash Payment in the estimated amount of $75.

Credit Monitoring

In addition to Cash Payment A or Cash Payment B, you may also submit a Claim Form to receive two years of free Credit Monitoring services.

Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase if the amount of Valid Claims does not use the entire Net Settlement Fund. Alternatively, if the amount of Valid Claims exceeds the amount of the Net Settlement Fund, your Cash Payment may be subject to a pro rata reduction.

For purposes of calculating the pro rata increase or decrease, the Settlement Administrator must distribute the funds in the Net Settlement Fund first for payment of Credit Monitoring, then for Cash Payment A, and then to those electing Cash Payment B. Any pro rata increase or decreases to Cash Payments will be on an equal percentage basis.

Unless you exclude yourself (opt out), you will remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments 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 about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims."

Section XIII of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available at here. For questions regarding the Releases, Released Claims, or Released Parties and what the language in the Settlement Agreement means, you can also contact Class Counsel listed FAQ 14 for free, or you can talk to your own lawyer at your own expense.

You must submit a timely and valid Claim Form to receive a cash payment as described above. Your Claim Form must be submitted online at here by August 7, 2026, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by August 7, 2026. Claim Forms are also available for download here or by calling 1-877-313-8704 or by writing to:

The Settlement Class Member Benefits will be provided 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.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes:

1. your name, address, telephone number, and email address (if any);
2. your personal physical signature; and
3. a statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in the In Re: Motility Data Breach Litigation.”

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by August 7, 2026:

Motility Data Incident
Settlement Administrator
PO Box 4000
Portland, OR 97208-4000

You cannot opt out (exclude yourself) by telephone or email.

Please note per the United States Postal Service, mail may not be postmarked the day it is deposited in a mailbox or at a local post office. Postmarks occur when mail reaches a processing facility. To meet a postmark deadline, mail at least a week prior to a postmark deadline, get a manual postmark in person at any post office, or send via Certified Mail.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where the opt out has not been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt-out, you will not be able to receive Settlement Class Member Benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement Class Member Benefits if you stay in the Settlement.

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 Application for Attorneys’ Fees, Costs, and Service Awards.

To object, you must file your timely written objection with the Court as provided below by August 7, 2026, and send a statement that you object to the Settlement in In Re: Motility Data Breach Litigation, Case No. 3:25-cv-00330, to Class Counsel, Defendant’s Counsel, and the Settlement Administrator by U.S. Mail postmarked by or shipped by private courier (such as Federal Express) by August 7, 2026.

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include:

1. your full name, mailing address, telephone number, and email address (if any);
2. all grounds for the objection, accompanied by any legal support for the objection known to you as the objector or your own lawyer;
3. the number of times you have objected to a class action settlement within the five (5) years preceding the date that you file the objection, the caption of each case in which you have made such objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case;
4. the identity of all lawyers representing you in connection with the objection (if any), including any former or current lawyers who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards;
5. the number of times your lawyer or your lawyer’s law firm have objected to a class action settlement within the five (5) years preceding the date of the filed objection, the caption of each case in which your lawyer or the firm has made such objection and a copy of any orders related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case;
6. a list of all persons who will be called to testify at the Final Approval Hearing in support of your objection (if any);
7. a statement confirming whether you or your lawyer intend to personally appear and/or testify at the Final Approval Hearing; and
8. your signature as the objector (a lawyer’s signature is not sufficient).

Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any objector or objector’s lawyer. Any objector or objector’s lawyer must strictly and fully comply with the requirements listed above or the Court will not consider the objection.

To object, you must file your timely written objection with the Court by August 7, 2026, and send it by U.S. mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Federal Express) by August 7, 2026, at the following addresses:

Court:

• Office of the Clerk Walter H. Rice Federal Building and U.S. Courthouse 200 W. Second St.Room 712Dayton, OH 45402

Class Counsel:

• Jeff Ostrow Kopelowitz Ostrow P.A. 1 West Las Olas Blvd. Suite 500 Fort Lauderdale, FL 33301
• Raina Borrelli Strauss Borrelli PLLC 980 North Michigan Ave. Suite 1610 Chicago, IL 60611
• Gary M. Klinger Milberg PLLC227 West Monroe St. Suite 2100Chicago, IL 60606
• Terrence R. CoatesMarkovits, Stock & DeMarco, LLC 119 East Court St.Suite 530 Cincinnati, OH 45202

Settlement Administrator:

• Motility Data Incident Settlement Administrator PO Box 4000Portland, OR 97208-4000

Defendant's Counsel

• David P. Saunders McDermott Will & Schulte LLP444 West Lake St. Suite 4000 Chicago, IL 60606

Please note per the United States Postal Service, mail may not be postmarked the day it is deposited in a mailbox or at a local post office. Postmarks occur when mail reaches a processing facility. To meet a postmark deadline, mail at least a week prior to a postmark deadline, get a manual postmark in person at any post office, or send via Certified Mail.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting out is telling the Court that you do not want to be part of the Settlement Class. If you opt out, you cannot object because you are no longer part of the Settlement.

Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Raina Borrelli of Strauss Borrelli PLLC, Gary M. Klinger of Milberg PLLC and Terence R. Coates of Markovits, Stock DeMarco, LLC as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost if you want someone other than Class Counsel to represent you in this lawsuit.

The Court will hold a Final Approval Hearing on August 14, 2026, at 1:30 p.m. before the Honorable Walter H. Rice at the Walter H. Rice Federal Building and U.S. Courthouse, 200 W. Second Street, Room 712, Dayton, OH 45402. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, and Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards.

If there are objections filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear objections at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this Settlement Website to confirm the date and time of the Final Approval Hearing have not changed.