Collins v. Imagine360, LLC Data Breach Litigation

A state court authorized a Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what Settlement Class Member Benefits are available, who is eligible for the Settlement Class Member benefits, and how to get them.

The Honorable Hunter Davis of the Seventeenth Judicial Circuit in and for Broward County, Florida is overseeing this class action. The lawsuit is known as Collins v. Imagine360, LLC, Case No. CACE- 25-002370 (the “lawsuit”). The individual who filed this lawsuit is called the “Plaintiff” and/or “Class Representative” and the company sued, Imagine360, LLC, is called the “Defendant.”

The Plaintiff filed this lawsuit against Defendant, and on behalf of Settlement Class Members regarding unauthorized access to Settlement Class Members’ Private Information involved in the Data Incident. The Private Information involved in the Data Incident includes names, medical information, health insurance information, and Social Security numbers.

The Plaintiff alleges on or around January 30, 2023, as a result of the Data Incident, there was an unauthorized access to or acquisition of Private Information as a result of unauthorized access to Defendant’s Citrix file-sharing solution. The Plaintiff brought this lawsuit against Defendant. 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 Plaintiff and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.

The Class Representative in this lawsuit is Plaintiff Anthony Collins.

If you are a Settlement Class Member and you submit a timely and valid Claim Form, you may be eligible to receive the following Settlement Class Member Benefits:

Cash Payment A – Documented Losses

You may submit a Claim Form with reasonable documentation for losses related to the Data Incident for up to $5,000.00 per Settlement Class Member.

Examples of expenses incurred as a result of the Data Incident, include (without limitation) bank fees, long distance phone charges, cell phone charges (only charged by the minute), data charges (only if charged based on the amount of data used), postage, gasoline for local travel and fees for credit reports, credit monitoring, or other identity theft insurance products purchased between January 30, 2023, and the date of the Claim Form Deadline.

Examples of reasonable documentation include (but are not limited to): telephone records, correspondence including emails, 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. 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 denied and your Claim Form for Cash Payment A will instead be processed as if you elected Cash Payment B.

Cash Payment B – Flat Cash

Instead of selecting Cash Payment A, without providing documentation, you may submit a Claim Form to receive a flat cash payment in the estimated amount of $75.00.

Credit Monitoring Claims

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

Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) adjustment increase from the Settlement Fund if the amount of timely and valid Claim Forms does not use the entire Net Settlement Fund. Alternatively, if the amount of timely and valid Claim Forms exceeds the amount of the Net Settlement Fund, your Cash Payment may be subject to a pro rata reduction.

Injunctive Relief: Defendant is implementing additional security measures following the Data Incident.

You must submit a timely and valid Claim Form to receive any Settlement Class Member Benefits as described above. Your Claim Form must be submitted online by July 31, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by July 31, 2025. Claim Forms are also available here or by calling 1-888-836-1042 or by writing to:

Imagine360 Data Breach Litigation
Settlement Administrator
P.O. Box 2440
Portland, OR 97208-2440

Unless you exclude yourself (opt-out), you are choosing to 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 legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.

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

To object, you must file timely written notice with the Court as provided below no later than July 16, 2025, and send 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 July 16, 2025, stating you object to the Settlement in Collins v. Imagine360, LLC, Case No. CACE-25-002370. To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:

1. Your full name, 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 counsel 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 in which 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 in which your lawyer’s counsel and/or lawyer’s law firm have objected to a class action settlement within the preceding (5) years;
6. The identity of all counsel (if any) representing you as an objector, and whether they will appear at the Final Approval Hearing;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
8. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
9. Your signature as the objector (an attorney’s signature is not sufficient).

To object, you must file timely written notice with the Court as provided below no later than July 16, 2025, and send 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 July 16, 2025, at the following addresses:

If you do not comply with the requirements for objecting as detailed above, you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and you will be bound by all the terms of the Settlement and by all proceedings, orders, and judgments in the lawsuit.

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

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 Imagine360 Data Breach Litigation.” The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by July 16, 2025:

Imagine360 Data Breach Litigation
Settlement Administrator
P.O. Box 2440
Portland, OR 97208-2440

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

“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 hasn’t been signed by each and every individual Settlement Class Member will not be allowed

No. If you opt-out, you will not be entitled to receive Settlement Class Member Benefits, and you will not be bound by the Settlement or any judgment in this lawsuit. You can only get Settlement Class Member Benefits if you stay in the Settlement and submit a timely and valid Claim Form.

Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A, and Nicholas A. Colella of Lynch Carpenter, LLP 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 and expense if you want someone other than Class Counsel to represent you in this lawsuit.

The Court will hold a Final Approval Hearing on August 15, 2025, at 10:00 a.m. before the Honorable Hunter Davis at the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, 201 SE 6th St., Fort Lauderdale, FL 33301. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Award.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

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.

Yes, as long as you do not exclude yourself (opt-out) and you file a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You can also have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 8—and specifically include a statement whether you or your lawyer will appear at the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.