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 Superior Court of Suffolk County, Massachusetts, 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 Joan Tozzi v. South Shore Mental Health Center, Inc. d/b/a Aspire Health Alliance, Case No. 2484CV02307. It is pending in the Superior Court of Suffolk County, Massachusetts. The person that filed this lawsuit is called the “Plaintiff” (“Class Representative”) and the company she sued, South Shore Mental Health Center, Inc. d/b/a Aspire Health Alliance, is called the “Defendant.”
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This lawsuit alleges that during the September 2023 targeted cyberattack on Aspire's computer systems, certain files that contained Private Information were potentially accessed. These files may have contained personal information such as names; dates of birth; dates of medical services; individual health insurance policy numbers; physician or medical facility information; medical condition or treatment information; Medicare or Medicaid numbers; and patient accounts.
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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 “Settlement Class Members.” One court resolves the lawsuit for all Settlement Class Members, except for those who opt out from the settlement. In this proposed Settlement, the Class Representative is Joan Tozzi. Everyone included in this Action are the Settlement Class Members.
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The Court did not decide whether the Plaintiff 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 Plaintiff and her 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 who were sent a notice by Defendant that their Private Information may have been impacted in the Data Incident.”
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Yes. Excluded from the Class are: (a) all persons who are employees, directors, officers, and agents of Defendant; (b) governmental entities; (c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (d) anyone who validly excludes themselves from 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:
Aspire Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@AspireDataIncident.com
Call toll free, 24/7: (833) 421-7285
You may also view the Settlement Agreement here.
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Aspire will establish a Settlement Fund of $400,000.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, a Service Award payment for the Plaintiff, 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 will receive Medical Data Monitoring and one of the following Cash Payments. The benefits are explained in more detail below.
Medical Data Monitoring. All Settlement Class Members will receive one year of CyEx Medical Shield. This comprehensive service comes with $1 million of medical identity theft insurance, and includes monitoring for:
Cash Payments
Cash Payment A – Documented Losses. If you incurred actual, documented, unreimbursed out-of-pocket losses due to the Data Incident, you can get back up to $2,500.00. The losses must have occurred between September 13, 2023, and September 16, 2026.
This benefit covers out-of-pocket expenses like:
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 a payment for expenses that have already been reimbursed by a third party.
-OR-
Cash Payment B – Pro Rata Cash. If you do not submit a claim for Cash Payment A, you will automatically receive Cash Payment B, which is an equal share of the monies remaining in the Net Settlement Fund after Claims for Cash Payment A have been deducted. Payments will be sent following court approval of the Settlement. You may provide an updated address to receive your Cash Payment, or elect to receive your Cash Payment by Venmo, Zelle, or PayPal instead of a paper check here.
A full description of how this work is available in Settlement Agreement here.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Aspire Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@AspireDataIncident.com
Call toll free, 24/7: (833) 421-7285
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If you stay in the class, you won’t be able to be part of any other lawsuit against Aspire about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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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:
Aspire 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) 421-7285, by email info@AspireDataIncident.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online here for Cash Payment A, you must do so by September 16, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than September 16, 2026.
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The Court will hold a Final Approval Hearing on October 1, 2026 (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.; Nick A. Colella and Patrick D. Donathenof Lynch Carpenter LLP; and Jason M. Leviton and Bendan Jarobe of Block & Leviton LLP, 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 35% of the Settlement Fund as reasonable attorneys' fees plus litigation costs. This amount will be paid from the Settlement Fund.
Class Counsel will also ask the Court to approve a Service Award payment of up to $2,500.00 for the Class Representative. The Service Award 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 Defendant and other Released Parties on your own about the legal issues in this case.
The deadline to opt out from the Settlement is September 16, 2026.
To be valid, your Opt-Out Request must have the following information:
Mail your Opt-Out Request to the Settlement Administrator at:
Aspire Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Opt-Out Request must be submitted and postmarked by September 16, 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 opted-out from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
To be considered by the Court, you must file your complete objection with the Clerk of Court by September 16, 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 |
Clerk of the Court | Aspire Data Incident Settlement |
Class Counsel | Counsel for Defendant |
Jeff Ostrow | Chistopher R. Deubert |
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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 Hearing on October 1, 2026, at 2:00 p.m. Eastern Time, in Courtroom 1015 at the Suffolk County Courthouse 3 Pemberton Square Boston, MA 02108.
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 Representative. 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 automatically receive Cash Payment B – Pro Rata Cash and Medical Data Monitoring.
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:
Aspire Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@AspireDataIncident.com
Call toll free, 24/7: (833) 421-7285
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court located at the Suffolk County Courthouse, 3 Pemberton Square, Boston, MA 02108, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays, or by accessing the docket in this case though the Massachusetts Trial Court Case Access system at https://www.masscourts.org/eservices/home.page.2.
You may also speak with Class Counsel by calling (954) 525-4100 or by writing to the following address:
Aspire Data Incident Settlement
Kopelowitz Ostrow, P.A.
Attn: Jeff Ostrow, 1 West Las Olas Blvd., Suite 500
Ft. Lauderdale, FL 33301
Do not contact the Court or Clerk of Court regarding this Settlement
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