1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Circuit Court of Jackson County, Missouri at Independence, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Burton, et al. v. Berman & Rabin, P.A., Case No. 2616-CV00873. It is pending in the Circuit Court of Jackson County, Missouri at Independence. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Berman & Rabin, P.A., is called the “Defendant.”
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This lawsuit alleges that during the July 2024 cyberattack on Berman & Rabin's computer systems, certain files that potentially contained Private Information were accessed. These files may have contained personal information such as names; Social Security numbers; drivers’ license numbers; financial information; medical information; and/or health insurance information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the Settlement. In this proposed Settlement, the Class Representatives are Teresa Burton; Stacey Carlington; Stephen Deitsch; Robin Steward; and Breanna Phillips. Everyone included in this Action are the Settlement Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Settlement Class Members.
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The Court has defined the Settlement Class this way: “All living individuals in the United States who were sent a notice that their Private Information was potentially compromised in the Data Incident.”
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Yes. Excluded from the Class are: (a) all persons who are directors and officers of Defendant, or its respective subsidiaries and affiliated companies; (b) governmental entities; (c) the Judge(s) assigned to the Action, the Judge’s immediate family, and Court staff; and (d) any Settlement Class Member who properly and timely opts-out of the Settlement.
If you are not sure whether you are a Settlement Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Berman & Rabin Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@BermanRabinSettlement.com
Call toll free, 24/7: (833) 386-6596
You may also review the Settlement Agreement here.
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Berman & Rabin will establish a Settlement Fund of $980,000.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Award payments for the Class Representatives, and the costs of administering the Settlement. The net remaining money will be used to pay for the benefits described below.
All Settlement Class Members may claim Credit Monitoring and one of two Cash Payment options. The benefits are explained in more detail below.
Credit Monitoring. All Settlement Class Members are eligible to enroll in two years of CyEx Financial Shield Complete. This comprehensive service comes with $1 million of financial fraud insurance, and includes monitoring for:
fraud or identity theft
unauthorized financial transactions
personal information associated with high-risk transactions
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payments. Settlement Class Members who have documented unreimbursed losses may a payment from Cash Payment A – Unreimbursed Documented Losses. Alternatively, Settlement Class Members may claim a one-time payment from Cash Payment B – Alternate Cash. You may claim only one total payment from these options.
Cash Payment A – Unreimbursed Documented Losses. If you incurred actual, documented unreimbursed out-of-pocket losses due to the Data Incident, you can get back up to $3,500.00. The losses must have occurred between July 8, 2024, and August 27, 2026.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like receipts, to show how much you spent or lost. Your personal certifications, declarations, or affidavits do not constitute reasonable documentation to make a valid claim, but you may include that to provide clarification, context, or support for other submitted reasonable documentation showing that your expenses were because of the Data Incident.
You cannot claim payment for expenses that have already been reimbursed by a third party.
-OR-
Cash Payment B – Alternate Cash. Instead of Cash Payment A, you may claim a one-time pro rata cash payment. The payment amount will be calculated by dividing the Net Settlement Fund by the number of valid and timely claims for Cash Payment B.
Once an estimate for how much this payment is available, it will be provided on this website.
You do not have to provide any proof or explanation to claim this payment.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Berman & Rabin Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@BermanRabinSettlement.com
Call toll free, 24/7: (833) 386-6596
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If you stay in the Settlement Class, you won’t be able to be part of any other lawsuit against Berman & Rabin about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XII) describes the legal claims that you give up if you remain in the Settlement Class.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Berman & Rabin Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 386-6596, by email info@BermanRabinSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by August 27, 2026. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than August 27, 2026.
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The Court will hold a Final Approval Hearing on September 11, 2026, at 1:30pm CT (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved. Please be patient.
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Yes, the Court has appointed attorneys Jeff Ostrow of Kopelowitz Ostrow P.A.; Mariya Weekes of Milberg PLLC; Leanna A. Loginov of Shamis & Gentile, P.A.; John Heenan of Heenan & Cook; and Maureen Brady of McShane & Brady, LLC, to represent you and other Settlement Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve up to 33.33% as reasonable attorneys' fees plus reimbursement of litigation costs. This amount will be paid from the Settlement Fund.
Class Counsel will also ask for Service Award payments of $2,000.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called an Opt-Out Request.
If you opt-out, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you opt-out. However, you will keep any rights you may have to sue Berman & Rabin on your own about the legal issues in this case.
The deadline to opt-out from the Settlement is August 12, 2026.
To be valid, your Opt-Out Request must have the following information:
the name of the Litigation: Burton, et al. v. Berman & Rabin, P.A., Case No. 2616-CV00873, pending in the Circuit Court of Jackson County, Missouri at Independence;
your full name, mailing address, telephone number, and email address;
personal signature;
the words “Opt-Out Request” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself, not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Berman & Rabin Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Opt-Out Request must be submitted and postmarked by August 12, 2026.
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If you are a Settlement Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have opted-out from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Burton, et al. v. Berman & Rabin, P.A., Case No. 2616-CV00873, pending in the Circuit Court of Jackson County, Missouri at Independence;
your full name, mailing address, telephone number, and email address (if any);
all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
the number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or the Application for Attorneys’ Fees, Costs, and Service Awards, and whether they will appear at the Final Approval Hearing;
the number of times in which the objector’s counsel and/or the objector’s counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling on the objection issued by the trial and appellate courts in each such listed case;
a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be considered, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by August 12, 2026. You must also send a copy of the objection by U.S. Mail to the Settlement Administrator, Class Counsel, and Defendant’s Counsel.
Clerk of the Court | Settlement Administrator | Counsel for Defendants |
Clerk of the Court | Berman & Rabin Data Incident Settlement | Claudia D. McCarron |
Class Counsel | ||
Jeff Ostrow | Maryia Weekes | Andrew Shamis |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not opt-out from the Settlement. Opting out from the Settlement is stating to the Court that you do not want to be part of the Settlement. If you opt-out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval on September 11, 2026, at 1:30pm CT, at the Circuit Court of Jackson County, Missouri at Independence, at 415 E. 12th St., Kansas City, MO 64106.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide Class Counsel’s request for an attorneys’ fees and costs award and the request for a Service Award to the Class Representatives. The Court will also consider any timely objections to the Settlement.
If you are a Settlement Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement.
You will also give up the rights described in Question 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Berman & Rabin Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@BermanRabinSettlement.com
Call toll free, 24/7: (833) 386-6596
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court: Circuit Court of Jackson County, Missouri at Independence, 415 E. 12th St., Kansas City MO 64106.
Do not contact the Court or Clerk of Court regarding this Settlement
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