1. Why was this 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 for Kern County, California, authorized this 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 Nelson et al. v. Vasindas’ Around the Clock Care, Inc., Case No. BCV-24-102900. It is pending in the Superior Court for Kern County, California. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Vasindas’ Around the Clock Care, Inc., is called the “Defendant.”
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This lawsuit alleges that during the January 2024 targeted cyberattack on Vasindas' computer systems, certain files that contained private information were accessed. These files may have contained Personal Information such as: names, addresses, Social Security numbers, and medical and 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 Settlement, the Class Representatives are Kristi Nelson and Heather Velez. Everyone included in this Action are the 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 Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All living citizens of the United States who were sent notice that their Personal Information was actually or potentially accessed and/or compromised in the Data Incident.”
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Yes. Excluded from the Class are: (1) the Judge in this case, and the Judge’s family and staff; (2) the lawyers in this case, and their families and staff; (3) governmental entities; (4) Vasindas and its current or former officers, directors, legal representatives, heris, successors, or assigns and any entity in which Vasindas as a controlling interest; (5) anyone who submits a valid request for exclusion prior to the Exclusion Deadline; and (6) anyone who perpetrated the Data Incident.
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Vasindas has agreed to pay for a number of Class benefits, which are explained below. All Settlement Class Members may enroll in Medical Monitoring and claim one of two Cash Payment options. The benefits are explained in more detail below.
Medical Monitoring. All Class Members are eligible to enroll in two years of CyEx Medical Shield Complete. This comprehensive service comes with $1 million of medical identity theft insurance, and includes monitoring for:
healthcare insurance ID exposure
Medical Record Number (MRN) exposure
unauthorized Health Savings Account (HSA) spending
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Enrollment codes have been sent to all Settlement Class Members by a Postcard. Visit https://app.medicalshield.cyex.com/enrollment/activate/Vasindas to enroll. Your CyEx Medical Shield Complete subscription will become active once the Court grants Final Approval to this Settlement.
If you no longer have your enrollment code, please contact the Administrator.
Cash Payments
Compensation of Documented Out-of-Pocket Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $2,500.00. The losses must have occurred between January 30, 2024, and November 23, 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 bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show 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-
Alternate Cash Payment. Instead of any other payments, you may claim a one-time $70.00 cash payment. You do not have to provide any proof or explanation to claim this payment.
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If you stay in the Class, you won’t be able to be part of any other lawsuit against Vasindas about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section VI) 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:
Vasindas Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
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If you are submitting a Claim Form online here, you must do so by November 23, 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 November 23, 2026.
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The Court will hold a Final Approval Hearing on December 3, 2026 (see FAQ 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.
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Yes, the Court has appointed attorneys John J. Nelson of Milberg, PLLC and Leigh S. Montgomery of Ellzey Kherkher Sanford Montgomery, LLP, to represent you and other 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 $260,000.00 as reasonable attorneys' fees and reimbursement of litigation costs. This amount will be paid by Vasindas if approved by the Court.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid by Vasindas if approved by the Court.
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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 a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Vasindas on your own about the legal issues in this case.
If you exclude yourself, 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 exclude yourself.
The deadline to exclude yourself from the Settlement is October 26, 2026.
To be valid, your Request for Exclusion must have the following information:
the name and number of the Action: Nelson et al. v. Vasindas’ Around the Clock Care, Inc., Case No. BCV-24-102900, pending in the Superior Court for Kern County, California;
your full name, mailing address, telephone number, and email address (if any);
personal signature;
the words “Request for Exclusion” 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:
Vasindas Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must be postmarked by October 26, 2026.
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If you are a 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 excluded yourself from the Settlement (see FAQ 15).
You must provide the following information for the Court to consider your objection:
the name and number of the Action: Nelson et al. v. Vasindas’ Around the Clock Care, Inc., Case No. BCV-24-102900, pending in the Superior Court for Kern County, California;
your full name, mailing address, telephone number, and email address (if any);
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
if you or your lawyer have objected in any other cases in the past four years, list the names, courts, and civil action numbers for each of those cases;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
if either you or your lawyer used artificial intelligence (“AI”) to assist in researching or drafting your objection, please provide a description of how AI was used;
your written, physical signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, 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 October 26, 2026. You must also send a copy of the objection to the Settlement Administrator.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Vasindas Data Incident Settlement |
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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 exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and 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 December 3, 2026, at 8:30 a.m. Pacific Time, in Department T-2 of the Superior Court for Kern County, California, at 1415 Truxtun Ave., Bakersfield, CA 93301.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 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 FAQ 8.
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This Settlement 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.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court for the Superior Court of California, County of Kern, located at 1415 Truxtun Avenue, Bakersfield, CA 93301.
Do not contact the Court or Clerk of Court regarding this Settlement.
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