ModMed Data Breach Settlement: How to Claim by November 2
Got a ModMed data breach notice? File by Nov. 2 for an estimated $75 or up to $5,000 with proof, paid electronically only. Opting out closes Oct. 19.
If Modernizing Medicine, known as ModMed, sent you a notice about its July 2025 data incident, you have until November 2, 2026 to claim a share of a $2,999,750 settlement. Opting out and objecting close two weeks earlier, on October 19, and the payment can only arrive electronically, so check that you have a PayPal, Venmo, or Zelle account before you file. The settlement website says “The only way to receive benefits or payments from this Settlement is by submitting a valid and timely Claim Form.”
The quick answer
- Who is in: “All living individuals residing in the United States who were sent a notice of the Data Incident indicating their Private Information was impacted in the Data Incident”
- Medical data monitoring: two years of CyEx Medical Shield Complete with “$1 million of medical identity theft insurance with no deductible.” You opt in with a box on the claim form
- Cash Payment A, documented losses: up to $5,000 for losses from July 9, 2025 to November 2, 2026, with third-party proof
- Cash Payment B, no proof: a one-time estimated $75. It is either-or: you cannot take it together with Payment A
- Paid electronically only: the claim form says “NO CHECKS WILL BE SENT”
- Deadline: November 2, 2026. File online, because the mailed-claim wording differs across the documents
- Opt-out and objection deadline: October 19, 2026
- Court status: the final approval hearing is November 17, 2026. Payments come after approval and any appeals
Key facts at a glance
| Question | Answer |
|---|---|
| Case | Cavallaro-Kearins v. Modernizing Medicine, Inc., No. 9:25-cv-81443-EA, U.S. District Court, Southern District of Florida |
| Incident | A July 2025 cyberattack on two ModMed servers used to convert data from retiring electronic health record systems |
| Settlement fund | $2,999,750, which first pays the lawyers and the administrator |
| Medical data monitoring | Two years, CyEx Medical Shield Complete |
| Documented loss payment | Up to $5,000 per person |
| Alternate cash payment | Estimated $75, one time, instead of Payment A |
| Ways to be paid | PayPal, Venmo, Zelle, or a virtual prepaid card |
| Claim deadline | November 2, 2026 |
| Opt-out and objection deadline | October 19, 2026 |
| Hearing | November 17, 2026, 2:30 p.m. Eastern, West Palm Beach, Florida |
| Mail address | ModMed Data Incident Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958 |
| Phone | (833) 421-7331, toll free |

The date that comes first: October 19
The notice says “Your Opt-Out Request must be submitted, postmarked, or emailed by October 19, 2026.” That is two weeks before the claim deadline, and it matters because of who you would release. The Settlement Agreement defines the released parties to include ModMed’s customers: “each and every customer of Defendant that directly or indirectly provided” class members’ information that was exposed, and “whose patients were notified of the Data Incident.” ModMed provides electronic health record software, so its customers are typically the medical practices that treated you.
In plain terms, staying in the class gives up claims connected to the incident against ModMed and against the medical practices whose records were involved. The FAQ puts it briefly: “you won’t be able to be part of any other lawsuit against ModMed or the Released Parties related to the Released Claims.” If you think a practice mishandled your information, talk to a lawyer before October 19. Opting out means no payment and no monitoring from this settlement, and you keep the right to sue. You can still object and file a claim: the home page says “If you object, you may also submit a claim for Settlement benefits.”
What the incident is
The settlement site describes “the targeted cyberattack on two of ModMed’s computer servers” used to convert limited data from retiring record systems to ModMed’s current platform, discovered in July 2025. The files “may have contained Private Information such as full names; addresses; dates of birth; phone numbers; email addresses; Social Security numbers; health insurance information; and medical information,” including diagnosis, treatment, and prescription details. ModMed’s position: “ModMed denies that it did anything wrong, and the Court has not decided who is right.”
Who is in the class
You are in if you were sent a notice that your information was impacted. The court’s definition is “All living individuals residing in the United States who were sent a notice of the Data Incident indicating their Private Information was impacted in the Data Incident.” Excluded are ModMed’s directors, officers and agents, governmental entities, and the judge’s family and staff.
The benefits
| Benefit | What you get | What it takes |
|---|---|---|
| Medical data monitoring | Two years of CyEx Medical Shield Complete: credit bureau monitoring, dark web scanning, security freeze help, victim assistance, and a fraud resolution agent | Check the box on the claim form |
| Cash Payment A | Up to $5,000 for out-of-pocket losses from July 9, 2025 to November 2, 2026 | Third-party documentation |
| Cash Payment B | Estimated $75, one time | Nothing to document |
You can take monitoring with either cash option, but the two cash options do not combine. The paper form puts the warning right on the documented losses section: “DO NOT CLAIM THIS BENEFIT IF YOU ARE CLAIMING A PAYMENT FROM SECTION IV.” Payment B is offered “Instead of any other payments.”
What counts for Payment A: losses from identity theft or fraud, fees for credit reports, credit monitoring, or freezing credit, the cost to replace IDs, and postage to contact banks by mail. The proof has to be “documentation contemporaneously generated or prepared by a third party,” such as phone records, emails, or receipts, and “Your personal certification, declaration, or affidavit does not constitute reasonable documentation.” Expenses already reimbursed elsewhere do not count: “You shall not be reimbursed for expenses if you have been reimbursed for the same expenses by another source.” A documented claim that fails is not wasted: it “will be rejected and will be treated as if you elected Cash Payment B.”
What the $75 can do
The $75 is an estimate, and the agreement says it can move in either direction. All cash payments are “subject to a pro rata” adjustment: an “increase from the Net Settlement Fund if the amount of Valid Claims is insufficient to exhaust the entire Net Settlement Fund,” or a decrease if claims use it up. The fund pays in a fixed order, “first for payment of Medical Data Monitoring,” then documented losses, then the alternate cash, and “Any pro rata increases or decreases will be on an equal percentage basis.” Class counsel will ask for fees of “up to one-third of the Settlement Fund,” about $1 million at the full third (our arithmetic), plus litigation costs, from the same fund.
The claim form’s wording is “slightly higher or lower,” so do not plan around a specific amount.
How to file
Online. The claim page needs the LoginID and PIN printed on your notice. The postcard says “If you are claiming a payment for documented losses, file all of your claims online.” The agreement sets the online cutoff at “11:59 p.m. Eastern time on the Claim Form Deadline,” a time the website itself does not state.
By mail. The postcard has a pre-paid tear-off form that works for the flat payment, and you can call (833) 421-7331 for a full paper claim form. Mail it to the P.O. box above.
Choosing how to be paid. The claim form says “NO CHECKS WILL BE SENT,” and the agreement agrees: “Cash Payments to Settlement Class Members will be made by electronic payment.” The form offers PayPal, Venmo, Zelle, and a virtual prepaid card. If the information you give is wrong, “such Settlement Class Members shall forfeit their entitlement right to the funds.” Money still undeliverable 180 days after payments go out becomes a residual, and “any residual shall be distributed to a cy pres recipient approved by the Court.” The parties propose the Legal Aid Society of Palm Beach County.
Where the documents disagree
Mailed claims: postmarked or received? The claim page says a mailed form “must be mailed with a postmark date no later than November 2, 2026.” The paper claim form says “Claims must be received by November 2, 2026.” Those are different deadlines. File online, or mail early with tracking, and do not rely on the postmark.
Monitoring: claim it, or wait for a code? The claim page says “All Class Members are eligible to enroll in two (2) years of CyEx Medical Shield Complete,” and the paper form has a box to check. The FAQ adds that “activation codes for Medical Data Monitoring will be distributed if the Court grants final approval, and after any appeals are resolved.” Check the box now, and expect the code later.
The court has not approved it yet
The FAQ says “The Court will hold a Final Approval Hearing on November 17, 2026, at 2:30 p.m. Eastern Time.” You do not have to attend. The agreement sets the effective date at “31 days after entry of the Final Approval Order if no appeals are taken from the Final Approval Order,” and payments follow: “Settlement payments and activation codes for Medical Data Monitoring will be distributed if the Court grants final approval, and after any appeals are resolved.”
What doing nothing means
Unless you opt out, you are in the class. If you do nothing, you will get no benefits and you give up the right to sue ModMed and the released parties over the incident.
Check that it is real
The notice says “A court has authorized this notice. This is not a solicitation from a lawyer.” File only on the official site or by mail to the administrator’s P.O. box above. The LoginID and PIN come from your own notice. Treat any message that asks you to pay a fee to claim as suspect.
Quick answers to what people search
Is the ModMed settlement real? Yes. It is a federal class action, No. 9:25-cv-81443-EA in the Southern District of Florida, with a $2,999,750 fund and a hearing on November 17, 2026.
How much will I get? Two years of monitoring, plus either an estimated $75 with no proof or up to $5,000 with proof. You cannot take both cash options.
What is the ModMed claim deadline? November 2, 2026. File online to avoid the postmark-or-received question.
Can I get a check? No. Payment is electronic only, by PayPal, Venmo, Zelle, or a virtual prepaid card.
Should I opt out? Only if you want to keep the right to sue. The deadline is October 19, and the release reaches the medical practices whose data was involved.
When will payments go out? After final approval and any appeals. The site has not posted a date.
Bottom line
If you got a ModMed notice, decide on October 19 first: staying in releases ModMed and the practices whose records were involved, and opting out means no payment. Most people will stay in and file online by November 2, 2026. Check the monitoring box, take the no-proof estimated $75 unless you have real documented losses, and pick an electronic payment method that works, because no checks will be sent. The $75 can rise or fall with the number of claims.
Class definition, benefits, deadlines, claim instructions, fund order, and contact details quoted from the court-authorized settlement website, its FAQ, claim and dates pages, the court-authorized notice, the postcard, the paper claim form, and the Settlement Agreement, read on October 5, 2026. Settlement terms can change, and the settlement site is the authority on your claim. This is general information, not legal advice.
Official sources
- Cavallaro-Kearins v. Modernizing Medicine, Inc. settlement website (home page, rights and options)
- ModMed settlement: Frequently Asked Questions
- ModMed settlement: claim form login and benefit summary
- ModMed settlement: Important Dates
- ModMed settlement: court-authorized notice (PDF)
- ModMed settlement: postcard notice with Login ID and PIN (PDF)
- ModMed settlement: paper claim form (PDF)
- Cavallaro-Kearins v. Modernizing Medicine, Inc.: Settlement Agreement and exhibits (PDF)