A settlement has been reached with ProSmile Holdings, LLC (“Defendant” or “ProSmile”), in a class action lawsuit concerning the targeted cyberattack on the Defendant’s computer systems that occurred on or about July 7, 2022 (the “Data Security Incident”). Certain files containing private information were accessed. These files may have contained personal information such as names, dates of birth, Social Security numbers, driver’s license or other state identification card numbers, financial account numbers, payment card numbers, medical treatment information, diagnosis or clinical information, provider information, prescription information, and health insurance information.
The lawsuit is captioned Kristina Middleton v. ProSmile Holdings, LLC, Case No. 3:24-cv-0053, pending in the United States District Court for the District of New Jersey (the “Action”).
ProSmile denies that it did anything wrong, and the Court has not decided who is right.
The parties have agreed to settle the lawsuit (the “Settlement”) to avoid the costs and risks, disruptions, and uncertainties of continuing the litigation.
If you received notice from the Settlement Administrator, then ProSmile’s records indicate that you are a Class Member and are entitled to file a claim to receive a settlement award.
Your rights are affected whether you act or don’t act. Please read the Notice and this website carefully and completely.
Summary Of Your Legal Rights and Options in this Settlement | Deadline | |
File a Claim | If you wish to receive a settlement payment, you must file a Claim Form before the deadline. You may elect to claim Documented Out-of-Pocket Losses of up to $5,000. In addition, you may select one of the following: a Pro Rata Cash Payment OR a Social Security Number Impact Payment. If you claim Documented Out-of-Pocket Losses you must file your Claim Form either online here or download and print and mail a Claim Form on here and mail to the Settlement Administrator. Be sure to include documentation of your losses (if applicable) If you would like to receive your payment digitally (through PayPal, Venmo, or Zelle), submit your claim and choose a digital payment option. | September 25, 2025 |
Opt Out of the Settlement | You can choose to opt out of the Settlement and receive no payment. This option allows you to sue, continue to sue, or be part of another lawsuit against the Defendant related to the legal claims resolved by this Settlement. You can hire your own lawyer at your own expense. | August 26, 2025 |
Object to the Settlement and/or Attend a Hearing | If you do not opt out of the Settlement, you may object to it by writing to the Court about why you don’t like the Settlement. You may also ask the Court for permission to speak about your objection at the Final Approval Hearing. If you object, you may also file a claim for Settlement benefits. | August 26, 2025 |
Do Nothing | If you do nothing, you will remain in the Class, but you will not get a settlement payment. By staying in the Class, you will give up the right to sue, continue to sue, or be part of another lawsuit against the Defendant related to the legal claims resolved by this Settlement. | No Deadline |
These rights and options—and the deadlines to exercise them—are explained further on the FAQs page.
The Court in charge of this case still has to decide whether to approve the Settlement.
Upcoming Important Dates
Opt Out Deadline
8/26/2025
Objection Deadline
8/26/2025
Claim Deadline
9/25/2025
Final Approval Hearing
10/14/2025 at 11:00 a.m.