Frequently Asked Questions

The Court authorized this Settlement Website because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give Final Approval to the Settlement. This Settlement Website explains the nature of the Actions that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Aleta A. Trauger of the United States District Court for the Middle District of Tennessee is overseeing the Actions, captioned as In Re: Numotion Data Incident Litigation (Numotion I Action) Case No. 3:24-cv-00545 and Sylvester, et al. v. United Seating and Mobility, LLC d/b/a Numotion (Numotion II Action) Case No. 3:25-cv-00469. The people who brought the lawsuit are called the Class Representatives. The company being sued, United Seating and Mobility, LLC d/b/a Numotion, is called the Defendant.

Plaintiffs filed the Actions against Defendant, individually, and purportedly on behalf of the individuals whose Private Information may have been impacted in the March 2024 Data Incident or the September 2024 Data Incident. The Actions allege that on March 2, 2024, Defendant discovered that between February 29, 2024, and March 2, 2024, an unauthorized individual accessed certain of Defendant’s systems, which may have included Private Information belonging to Defendant’s former and current customers and employees. Following the March 2024 Data Incident, Defendant sent letters to individuals whose Private Information may have been impacted in the Data Incident.

The Actions also allege that on September 29, 2024, Defendant discovered that it had been the victim of a criminal third-party phishing incident wherein an unauthorized individual accessed certain user accounts within Defendant’s environment, in which individuals’ personal health information may have been impacted (September 2024 Data Incident). Following the September 2024 Data Incident, the Defendant provided notice to the individuals whose information may have been impacted. Together, the March 2024 Data Incident and September 2024 Data Incident are called “the Data Incidents.”

Defendant denies the legal claims and denies any wrongdoing or liability whatsoever. No court or other judicial body has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Class Representatives or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Class Representatives appointed to represent the Settlement Class, and the attorneys for the Settlement Class, Class Counsel, think the Settlement is best for all Settlement Class Members.

You are a Settlement Class Member if you are a living person in the United States who received notice of the Data Incidents.

You are also a Social Security Settlement Class Member if you are a Settlement Class Member whose Social Security number may have been involved in the Data Incidents.

Excluded from the Settlement Class are (1) Defendant and its parents, subsidiaries, officers and directors, and any entity in which Defendant has a controlling interest; (2) all persons who submit a timely and valid opt out from the Settlement Class; (3) the Judge assigned to these Actions, and the Judge’s immediate family, and Court staff; and (4) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrences of the Data Incidents, or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the Settlement, you may call 1-833-630-5361 with questions. You may also write with questions to:

Numotion Data Incidents Settlement

c/o Kroll Settlement Administration, LLC

P.O. Box 225391

New York, NY 10150-5391

If you are a Settlement Class Member and you submit a timely and valid Claim Form, you may be eligible for the following Settlement benefits:

Cash Payment A:

• You may submit a timely and valid Claim Form, with supporting documentation, showing you spent money or incurred losses that are reasonably and fairly traceable to the Data Incidents, for reimbursement up to $15,000.00 per Settlement Class Member. Documented Out-of-Pocket Losses must include an attestation that the monetary losses are fairly traceable to the Data Incidents and were not incurred due to some other event or reason.

Documented Out-of-Pocket Losses may include, but are not limited to, unreimbursed costs, expenses, or charges incurred addressing or remedying identity theft, fraud, or misuse of personal information.

You must submit documentation supporting your Claim Form. This may include receipts or other documentation, not “self-prepared” by you, that shows the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.

Cash Payment B: Settlement Class Members may also submit a timely and valid Claim Form to receive a Cash Payment.

Cash Payment B may be subject to a pro rata (a legal term meaning equal share) adjustment increase from the Net Settlement Fund if the amount of timely and valid Claim Forms does not use the entire Net Settlement Fund. Alternatively, if the amount of timely and valid Claim Forms exceeds the amount of the Net Settlement Fund, your Cash Payment may be subject to a pro rata reduction.

The Cash Payment B will be paid out of the Net Settlement Fund, which is the Settlement Fund after the following have been paid: (1) all Settlement Administration Costs, including Defendant’s cost of data mining to confirm membership in the Settlement Class; (2) CAFA Notice; (3) any Service Awards awarded to Class Representatives; and (4) up to $1,333,333.33 in attorneys’ fees and costs awarded to Class Counsel.

Medical Monitoring: Social Security Class Members may also submit a timely and valid claim for two (2) years of Medical Monitoring with CyEx Medical Shield Pro.

Credit Monitoring: All Settlement Class Members are entitled to and will automatically receive two (2) years of CyEx’s Identity Defense Plus credit product. You do not need to submit a claim for this benefit.

To receive a Cash Payment you must complete and submit a Claim Form online via this Settlement Website or by mail to Numotion Data Incidents Settlement, c/o Kroll Settlement Administration, LLC, P.O. Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by March 18, 2026 or by mail postmarked by March 18, 2026.

TO RECEIVE AN ELECTRONIC OR ACH PAYMENT FOR YOUR VALID CLAIM, YOU MUST FILE A CLAIM FORM HERE.

The Court will hold a Final Approval Hearing on April 2, 2026, at 2:30 p.m. CST to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all of the Claim Forms to be processed. Please be patient. Settlement Class Member Benefits will begin after the Settlement has obtained Court approval and the time for all appeals has expired.

Unless you exclude yourself (opt-out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit that are released by the Settlement. These releases are described in Section XIII of the Settlement Agreement, which is available on the documents page of this website. If you have any questions, you can talk to Class Counsel listed in Question 16 for free or you can talk to your own lawyer.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want to be part of the Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting-out” of the Settlement Class.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement.

No. Unless you exclude yourself, you give up any right to sue Defendant and any other Released Parties for any claim that could have been or was brought relating to the Data Incidents, known as the Released Claims. You must exclude yourself from the Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1) Your full name, current address, telephone number, and email address (if any);

2) Your personal physical signature;

3) The case names and numbers: In Re: Numotion Data Incident Litigation, Case No. 3:24-cv-00545 (Numotion I) and Jennifer Sylvester, et al. v. United Seating and Mobility, LLC d/b/a Numotion, Case No. 3:25-cv-00469 (Numotion II); and

4) A statement that you want to be excluded from the Settlement and Settlement Class, such as “I hereby request to be excluded from the Settlement Class in the Numotion I and Numotion II Actions".

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by March 3, 2026: 

Numotion Data Incidents Settlement

c/o Kroll Settlement Administration, LLC

P.O. Box 225391

New York, NY 10150-5391

You cannot opt out (exclude yourself) by telephone or by email.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where the opt out has not been signed by each and every individual Settlement Class Member will not be allowed.

You can tell the Court that you do not agree with the Settlement, and/or Application for Attorneys’ Fees, Costs, and Service Awards or some part of it by objecting to the Settlement. Objections must be mailed to the Clerk of the Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the addresses listed below, postmarked by no later than March 3, 2026. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label.

For an objection to be considered by the Court, the objection must also state:

i) the objector’s full name, mailing address, telephone number, and email address (if any);

ii) the case names and numbers: In Re: Numotion Data Incident Litigation, Case No. 3:24-cv-00545 (Numotion I) and Jennifer Sylvester, et al. v. United Seating and Mobility, LLC d/b/a Numotion, Case No. 3:25-cv-00469 (Numotion II);

iii) documentation sufficient to establish membership in the Settlement Class, such as a copy of the Postcard Notice or Email Notice the objector received;

iv) all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;

v) the number of times the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;

vi) the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards;

vii) the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;

viii) the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;

ix) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);

x) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and

xi) the objector’s signature (an attorney’s signature is not sufficient).

Objecting is telling the Court that you do not like the Settlement or parts of it and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Classes and do not want to receive any benefit from the Settlement.

Yes. The Court appointed J. Gerard Stranch, IV of Stranch, Jennings & Garvey, PLLC, as Class Counsel to represent the Settlement Classes in Settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel shall apply to the Court for a total award of attorneys’ fees of up to $2,666,333.33, which includes Class Counsel’s request for $1,333,333.33 in attorneys’ fees and costs to be paid from the Settlement Fund, and an additional $1,333,000.00 attorneys’ fees and costs to be paid by Defendant as part of the Claims-Made portion of the Settlement.

Class Counsel will file an application seeking a Service Award not to exceed $2,500.00 for each of the Class Representatives, in recognition of their contributions to these Actions, subject to Court approval. The Service Awards approved by the Court shall be paid by the Settlement Administrator out of the Settlement Fund directly to the Class Representatives.

Any attorneys’ Application for Attorneys’ Fees, Costs, and Service Awards payments must be approved by the Court. The Court may award less than the amounts requested.

The Court will hold a Final Approval Hearing on April 2, 2026 at 2:30 p.m. CST, at the Fred D. Thompson U.S. Courthouse and Federal Building, 719 Church Street, Nashville, TN, 37203, or by virtual means, as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the Application for Attorneys’ Fees, Costs, and Service Awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this Settlement Website, or calling 1-833-630-5361.

No. Class Counsel will present the Settlement Class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 14, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 14, including all the information required. Your objection must be mailed to the Clerk of the Court, Class Counsel, Defendant’s Counsel and the Settlement Administrator, at the mailing addresses listed above, postmarked by no later than March 3, 2026.

If you do nothing, you will receive Credit Monitoring under the Settlement, but only if the Settlement is granted Final Approval and becomes final, you will not receive any Cash Payment, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties based on any claim that could have been or that was brought relating to the Data Incidents.

This Settlement Website summarizes the Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available in the Documents section of this Settlement Website. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-833-630-5361.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below, calling toll-free 1-833-630-5361 or at the Contact Us page on this Settlement Website:

Numotion Data Incidents Settlement

c/o Kroll Settlement Administration, LLC

P.O. Box 225391

New York, NY 10150-5391

PLEASE DO NOT CONTACT THE COURT OR CLERK OF THE COURT FOR INFORMATION ABOUT THE CLASS ACTION SETTLEMENT