Frequently Asked Questions

This is a Court-authorized Notice of a proposed Settlement in a class action lawsuit, Jane Doe and John Doe v. Mount Nittany Health System, et al., No. 2023-815 (the “Litigation”), pending in the Court of Common Pleas of Centre County, Pennsylvania. The Settlement would resolve the Litigation brought on behalf of persons who allege that the personal and health information of Plaintiffs and Settlement Class Members was allegedly disclosed to Facebook, Google, and other third parties as a result of alleged use by Mount Nittany Health entities identified in the case caption (“Mount Nittany Health” or “Defendants”) of certain third-party pixel technologies between January 1, 2007 and January 7, 2025. The Court has granted preliminary approval of the Settlement Agreement and has conditionally certified the Settlement Class for purposes of Settlement only. This Notice explains the nature of the class-action lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of Settlement Class Members. Please read the instructions and explanations below carefully so that you can better understand your legal rights. The Settlement Administrator in this case is Kroll Settlement Administration LLC. 

You may have received a Notice because you were identified as a person whose personal or health information may have been shared with third parties in connection with your visiting a website or patient portal operated by or affiliated with Mount Nittany Health between January 1, 2007 and January 7, 2025.

The Litigation arises out of alleged implementation and use by Mount Nittany Health of certain third-party pixel technologies tracking website visitor activities on Mount Nittany Health websites and patient portal, as a result of which Plaintiffs allege their web usage data was shared with Facebook, Google, and other third parties, allegedly resulting in the invasion of Plaintiffs’ and Settlement Class Members’ privacy.

“Web Usage Disclosure” means the alleged disclosure of personal and health information of Plaintiffs and members of the Settlement Class to Facebook, Google, and other third parties as a result of Mount Nittany Health’s alleged use of Tracking Pixels on its websites and patient portal between January 1, 2007 to January 7, 2025.
 

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 “Settlement Class” or “Settlement Class Members.” When a class action is settled, the settlement, which must be approved by the Court, resolves the issues for all Settlement Class Members, except for those who exclude themselves from the settlement.

To resolve this matter without the expense, delay, and uncertainties of protracted litigation, the Parties reached a Settlement that resolves all claims brought on behalf of the Settlement Class. If approved by the Court, the Settlement Agreement requires that cash compensation be paid to Settlement Class Members who submit valid and timely Claim Forms. The Settlement is not an admission of wrongdoing by Mount Nittany Health and does not imply that there has been, or would be, any finding that Mount Nittany Health violated the law.

The Court already has preliminarily approved the Settlement Agreement. Nevertheless, because the settlement of a class action determines the rights of all Settlement Class Members, the Court overseeing this Litigation must give final approval to the Settlement Agreement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that Settlement Class Members may be given notice and the opportunity to exclude themselves from the Settlement Class, and to voice their support or opposition to final approval of the Settlement Agreement. If the Court does not grant final approval to the Settlement Agreement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and the Litigation will proceed as if there had been no settlement and no certification of the Settlement Class.

You are a Settlement Class Member if you are a Pennsylvania resident who accessed a website or patient portal operated by or affiliated with Mount Nittany Health at least once between January 1, 2007 to January 7, 2025 (“Settlement Class”).

Settlement Class Members who file a valid Claim Form may receive monetary compensation of an equal share of the Net Settlement Fund. The Net Settlement Fund consists of the funds that remain from the $1,800,000 Settlement Fund following the payment of Notice and Claims Administration Costs, Class Representative Service Awards, and Attorneys’ Fees, Costs and Expenses Award.

***To receive Settlement benefits, you must submit a Claim Form.

If you timely submit a valid Claim Form for monetary recovery, you will receive payment in the amount approved by the Settlement Administrator after processing your Claim Form, and the Settlement is Final and has become effective.

To submit a claim for cash compensation, you must timely submit the Claim Form here or by mail to Settlement Administrator – 83150, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324.

You must submit any claims by April 22, 2025. There can be only one valid and timely claim per Settlement Class Member. 

By staying in the Settlement Class, all the Court’s orders will apply to you and will bind you, and you give Defendants a “release.” A release means you cannot sue or be part of any other lawsuit or other legal action against Defendants about or arising from the claims or issues in this lawsuit.

The precise terms of the release are in the Settlement Agreement, which is available on the Settlement Website. Unless you formally exclude yourself from this Settlement, you will release your claims.

If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

The Class Representatives will seek a payment of $5,000 each to Jane Doe and John Doe for their services to the Settlement Class. This payment is subject to the Court’s approval and will be paid form the Settlement Fund.

If you do not want to remain in the Settlement, but you want to keep your legal claims against Defendants, then you must take steps to exclude yourself from this Settlement.

To exclude yourself from the Settlement, you must send a letter or opt-out notice by mail stating that you want to be excluded from Jane Doe and John Doe v. Mount Nittany Health System, et al., No. 2023-815 in the Centre County Court of Common Pleas, Pennsylvania to the Settlement Administrator. Such notice shall state: (1) your full name and address; (2) the case name and docket number; (3) a written statement that you wish to be excluded from the Settlement; and (4) your signature. You must mail your opt-out notice so that it is postmarked no later than March 10, 2025, to:

Settlement Administrator – 83150
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

No, if you submit an opt-out notice, you will not receive anything resulting from the Settlement, but you may sue Defendants over the claims raised in this case, either on your own or as a part of a different lawsuit. If you exclude yourself, the time you have in which to file your own lawsuit (called the “statute of limitations”) will begin to run again. You will have the same amount of time to file the suit that you had when this case was filed. If you file an objection, you may still receive benefits if you timely file a claim.

The Court has appointed three attorneys to represent the Settlement Class as Class Counsel:

Foster C. Johnson
Ahamd, Zavitsanos, & Mensing, PLLC
1221 McKinney, Suite 2500
Houston, Texas 77010
[email protected]

Jay Barnes 
Simmons Hanly Conroy
One Court St. 
Alton, IL 62002 
[email protected]

Samuel Strauss
Strauss Borelli, LLP
613 Williamson Street, Suite #201
Madison, WI 53703
Phone: 608.237.1775
[email protected]

These attorneys will be paid using funds from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will request to be paid reasonable attorneys’ fees from the Settlement Fund plus their expenses incurred in the litigation, subject to Court approval. The motion for attorneys’ fees and expenses will be posted on the Settlement Website after it is filed.

You can tell the Court that you do not agree with the Settlement or some part of it. If you are a Settlement Class Member, you can object to the Settlement and the Court will consider your views.  In order to object to the Settlement, you must provide a written Objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve the Settlement. Your Objection must include: (1) the objector’s full name, telephone number, email address and address; (2) the objector’s signature; (3) proof of being a Settlement Class Member; (4) a statement that the Settlement Class Member objects to the Settlement; (5) the case name and docket number, Jane Doe and John Doe v. Mount Nittany Health System, et al., No. 2023-815; (6) all grounds for the objection, with factual and legal support for the stated objection, including any documents the objector wishes to submit in support of their position; (7) identification of all counsel representing the objector, if any; (8) a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past three (3) years; and (9) whether the objector intends to appear at the Final Approval Hearing.

Any Settlement Class Member who does not submit a timely Objection in complete accordance with this Settlement Agreement and this Notice, or as otherwise ordered by the Court, shall not be treated as having filed a valid Objection to the Settlement and shall forever be barred from raising any objection to the Settlement.

To be timely, written notice of an objection in the appropriate form must be filed with the Court no later than the Objection Deadline, and served on Class Counsel and Defendant’s Counsel as noted below:

Judge Brian K. Marshall
Court of Common Pleas
Centre County, Pennsylvania 
Centre County Courthouse, Room 103
102 South Allegheny Street
Bellefonte, PA 16823

Foster C. Johnson
Ahmad, Zavitsanos, & Mensing, PLLC
1221 McKinney, Suite 2500
Houston, Texas 77010
[email protected]

Jay Barnes 
Simmons Hanly Conroy
One Court St. 
Alton, IL 62002 
[email protected]

Samuel Strauss
Strauss Borelli, LLP
613 Williamson Street, Suite #201
Madison, WI 53703
Phone: 608.237.1775
[email protected]

Patrick J. McElhinny
K&L Gates LLP
210 Sixth Avenue
Pittsburgh, PA 15222
[email protected]
 

The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement. 

The Court will hold a hearing on June 5, 2025 at 2:30 p.m. at the Annex Courtroom for Centre County, Pennsylvania located at 106 E. High Street, Bellefonte, Pennsylvania. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class and to determine the appropriate amount of compensation for Class Counsel and rule on the request for a Service Award for the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed Settlement. After the hearing, the Court will decide whether to approve the Settlement. 

YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice.

This website only provides a summary of the proposed Settlement. Complete details about the Settlement can be found in the Settlement Agreement available on the Important Documents page of this website. 

If you have any questions or need to update your address, you can contact the Settlement Administrator via the Contact Us tab or the mailing address provided. In addition to the documents available on the Settlement Website, all pleadings and documents filed in this Litigation may be reviewed or copied at the Clerk of Court’s office. 

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE.

They are not permitted to answer your questions.

All questions about the Settlement shall be referred to 
the Settlement Administrator.

If you are a member of the class, you will need your Class Member ID in order to submit your claim. Please reach out to the toll-free number at (833) 876-1499, or send a message to the Settlement Administrator via the Contact Us page of this website.