Ballesteros v Ambulnz

BASIC INFORMATION

1. Why was the Notice issued?

   A state court authorized the Notice because 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 captioned Ballesteros v. Amublnz NY, LLC, 2025-005051-CA-01 (11th Judicial Circuit, Miami-Dade County, Fla.). The person that filed this lawsuit is called the “Plaintiff” and the company they sued, Ambulnz, is called the “Defendant.”

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2. What is this Lawsuit about?

   This Lawsuit alleges that personal information was impacted by the cybersecurity incident that affected Ambulnz in or around April 2024 (“Security Incident”).

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3. Why is this a class action?

   A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

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4. Why is there a Settlement?

   The Court did not decide in favor of the Plaintiff or the Defendant. The Defendant denies all claims and contends that it has not violated any laws. Plaintiff and the Defendant agreed to a Settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to claim payments and other benefits. The Plaintiff and their attorneys, who also represent the Settlement Class Members, think the Settlement is best for all Settlement Class Members.

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WHO IS IN THE SETTLEMENT

5. Who is included in the Settlement?

   The Settlement Class consists of all individuals who reside in the United States whose personally identifiable information (“PII”) and/or personal health information (“PHI”) was potentially exposed to unauthorized third parties as a result of the Security Incident.

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6. Are there exceptions to being included?

   Yes. Excluded from the Settlement Class are (i) Ambulnz, its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge.

   If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing or writing to the Settlement Administrator at:

   Toll-Free: 1-888-867-7175

   Email: info@AmbulnzSettlement.com

   Mailing Address: Ambulnz Security Incident, c/o Settlement Administrator, PO Box 2856, Portland, OR 97208-2856

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THE SETTLEMENT BENEFITS

7. What does the Settlement Provide?

   Under the Settlement, Ambulnz will pay all valid and timely claims for Credit Monitoring, Ordinary Losses, Lost Time, and Extraordinary Losses. Ambulnz will also pay all valid and timely claims for Alternative Cash Benefits in lieu of the other benefits of the Settlement.

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8. How much will my payment be?

   Payments and other benefits will vary - Settlement Class Members may submit a claim using the Claim Form for: (1) 1 year of credit monitoring; (2) Ordinary Loss Claims – up to a total of $400 per claimant; (3) Lost Time - $18.50 per hour for up to 4 hours (for a total of $74,); and (4) Extraordinary Loss Claims - up to a total of $4,500 per claimant. Alternatively, Settlement Class Members may submit a claim for an Alternative Cash Benefit of either $30 or $10 per claimant, depending on whether Ambulnz’s records reflect that their Social Security Number or Driver’s License Information was implicated in the Security Incident.

   Credit Monitoring Services. All Settlement Class Members shall have the ability to make a claim for 1 year of one-bureau credit monitoring services and identity protection services by choosing this benefit on the Claim Form. Even if Settlement Class Members previously accepted the Defendant’s offer of complimentary credit monitoring services, they may still claim this benefit.

   Ordinary Losses up to a total of $400 per claimant, upon submission of a valid claim with supporting documentation for out-of-pocket losses incurred or spent between April 21, 2024 and the day that the Court approved Notice of Settlement is sent to the Settlement Class. Ordinary losses include: (i) Out-of-pocket expenses incurred as a result of the Security Incident, including unreimbursed bank fees, long distance phone and cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage or gasoline for local travel; and (ii) Fees for credit reports, credit monitoring or other identity theft insurance products purchased as a result of the Security Incident.

   Lost Time Claims for reimbursement of $18.50 per hour up to 4 hours (for a total of $74) with an attestation on the Claim Form of the activities performed and that those activities were related to the Security Incident.

   Extraordinary Losses up to a total of $4,500 per Settlement Class Member in compensation on submission of a valid and timely claim for monetary losses that meet the following conditions: i) The loss is an actual, documented and unreimbursed monetary loss caused by (a) misuse of the Settlement Class Member’s Personal Information or (b) fraud associated with the Settlement Class Member’s Personal Information; ii) The loss noted in i.(a) or i.(b) was more likely than not caused by the Security Incident; iii) The loss occurred between April 21, 2024 and the day that the Court approved Notice of Settlement is sent to the Class; iv) The loss is not already covered by the Ordinary Loss or Lost Time categories; and v) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all of the Settlement Class Member’s credit monitoring insurance and identity theft insurance, if any.

   Alternative Cash Benefit. In lieu of the above benefits, Settlement Class Members may submit a claim using the Claim Form for an Alternative Cash Benefit of : (i) $30 for those Settlement Class Members whose Social Security number and/or driver’s license number were implicated in the Security Incident, as reflected in Ambulnz’s records; or (ii) $10 for those Settlement Class Members whose Social Security Number and/or Driver’s License Number were not implicated in the Security Incident. A Settlement Class Member electing to receive an Alternative Cash Benefit is not eligible for any other benefits of the Settlement.

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9. What claims am I releasing if I stay in the Settlement Class?

   Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found on the Documents page of this website.

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10. How do I submit a claim and get a cash payment?

    Claim Forms may be submitted online on this website or printed from this website and mailed to the Settlement Administrator at:

    Ambulnz Incident Settlement
    Settlement Administrator
    PO Box 2856
    Portland, OR 97208-2856

    You may also contact the Settlement Administrator to request a Claim Form by telephone 1-888-867-7175, by email at info@AmbulnzSettlement.com, or by U.S. mail at the address above.

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11. What is the deadline for submitting a claim?

    If you submit a Claim Form by U.S. mail, the completed and signed Claim Form must be postmarked by September 15, 2025.

    If submitting a Claim Form online, you must do so by September 15, 2025.

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12. When will I get my payment?

    The short answer is after the Settlement is “finally approved” and challenges, if any, to that approval are finally resolved. The Court is scheduled to hold a final approval hearing on August 22, 2025, at 1:00 p.m. EST to decide whether to approve the Settlement, how much in attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Settlement Class.

    If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.

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THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer in the case?

    Yes, the Court appointed Andrew Shamis of Shamis & Gentile, P.A. to represent you and other members of the Settlement Class (“Settlement Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation from Ambulnz (subject to Court approval).

    If you want to be represented by your own lawyer, you may hire one at your own expense.

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14. Should I get my own lawyer?

    It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

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15. How will the lawyers be paid?

    Settlement Class Counsel will file a motion for an award of attorneys’ fees and expenses to be paid by Ambulnz. Ambulnz has agreed not to oppose Settlement Class Counsel’s request for an award of attorneys’ fees and expenses not to exceed Two Hundred Thirty Thousand Dollars ($230,000). If Settlement Class Counsel seeks more than $241,066 in attorneys’ fees and expenses, Ambulnz has reserved all rights to object and oppose such requests.

    Settlement Class Counsel will also seek a service award payment for the Class Representative in recognition for their contributions to this Action. Ambulnz has agreed not to oppose Settlement Class Counsel’s request for a service award not to exceed Two Thousand Dollars ($2,000) for the Class Representative. To the extent more than $2,000 in service awards is sought for the Class Representative, Ambulnz has reserved all rights to object and oppose such a request.

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EXCLUDING YOURSELF FROM THE SETTLEMENT

16. How do I opt out of the Settlement?

    If you do not want to receive any benefits from the Settlement, and you want to keep your right to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is August 15, 2025.

    To exclude yourself from the Settlement, you must submit a written request for exclusion to the Court that includes the following information:

    • the case name: Ballesteros v. Ambulnz NY, LLC, 2025-005051-CA-01 (11th Judicial Circuit, Miami-Dade County, Fla.);
    • your full name;
    • current address;
    • personal signature; and
    • the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the Settlement.

    Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than August 15, 2025.

    Ambulnz Security Incident Settlement Administrator
    ATTN: Exclusion Request
    PO Box 2856
    Portland, OR 97208-2856

    If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You may only exclude yourself; you may not exclude any other person.

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    COMMENTING ON, OR OBJECTING TO, THE SETTLEMENT

17. How do I tell the Court if I like or do not like the Settlement?

    If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it, whether that be to the Settlement benefits, the request for attorneys’ fees or service awards, the releases provided to the Defendant, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve the Settlement.

    For an objection to be considered by the Court, your objection must include: (i) the name of the proceedings; (ii) your full name and current mailing address; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) the identity of any attorneys representing you; (v) a statement regarding whether yyour (or your attorney) intends to appear at the Final Approval Hearing; and (vi) your signature or your attorney's signature'.

    Any Settlement Class Member who does not file a timely and adequate objection in accordance with the above paragraph waives the right to object to the Settlement at the Final Approval Hearing and shall be bound by the terms of the Settlement Agreement and by all orders and judgments in the Action.

    Objections must be filed with the Court no later than August 15, 2025.

    Clerk of the Court
    Circuit Court of the 11th Judicial District
    73 W. Flagler Street
    Miami, FL 33130

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18. What is the difference between objecting and excluding?

    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 means telling the Court 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’S FINAL APPROVAL HEARING

19. When is the Court’s Final Approval Hearing?

    The Court is scheduled to hold a final approval hearing on August 22, 2025 at 2:00 p.m. EST via Zoom ,to decide whether to approve the Settlement, how much in attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to the Class Representative who brought this Action on behalf of the Settlement Class. If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. If you do not like the Settlement, remember you may object to it but you have to follow certain requirements (see FAQ 17). The date and time of this hearing may change without further notice. Please check this website for updates.

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20. Do I have to come to the Final Approval Hearing?

    No. Settlement Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you may, but you do not have to, come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.

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IF I DO NOTHING

21. What happens if I do nothing at all?

    If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will be bound by the releases of the Released Parties in the Settlement and not be eligible to receive a payment from this Settlement.

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GETTING MORE INFORMATION

22. How do I get more information?

    The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on this Settlement website in the Documents section.

    If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

    Email: Info@Ambulnzsettlement.com

    Toll-Free: 1-888-867-7175

    Mail: Ambulnz Security Incident Settlement Administrator, PO Box 2856, Portland, OR 97208-2856

    Publicly filed documents can also be obtained by visiting the office of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida or by reviewing the Court’s online docket. For those planning to visit the Court for more information, please contact the Court for its regular business hours and for any costs associated with obtaining documents maintained by the Court.

    You may also email Settlement Class Counsel in this matter at the following address:

    Andrew Shamis

    SHAMIS & GENTILE, P.A.

    ashamis@shamisgentile.com

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PLEASE DO NOT CONTACT THE COURT OR AMBULNZ.