Frequently Asked Questions

You are a Settlement Class Member if you are a person who provided their personal data to NorthStar and were notified that their personal data may have been impacted as a result of the Data Incident.

The Settlement Class specifically excludes NorthStar’s officers and directors, as well as (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the judges assigned to the Litigation and to evaluate the fairness, reasonableness, and adequacy of this Settlement; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.

This Long-Form Notice explains the nature of the Litigation and claims being settled, your legal rights, and the benefits to the Settlement Class

This case is known as Kemp v. NorthStar Emergency Medical Services, Inc., Case No.: 63-cv-2023-900249.00 (“Litigation”), filed in the Circuit Court of Tuscaloosa County, Alabama. The person who sued is called the “Plaintiff” and the company they sued, NorthStar Emergency Medical Services, Inc., is known as the “Defendant” in this case.

Plaintiffs filed a lawsuit against Defendant, individually, and on behalf of anyone whose personal information was potentially impacted as a result of the Data Incident.

This Litigation arises out of a Data Incident, and alleges that an unauthorized third party accessed NorthStar’s computer systems and data in September 2022, resulting in the third party’s potential access to personal information belonging to Plaintiffs and Settlement Class Members, including but not limited to individuals’ names, Social Security Numbers, dates of birth, patient ID number, treatment information, Medicare/Medicaid number, and/or health insurance information.

  Defendant denies all claims asserted against it in the Litigation and denies all allegations of wrongdoing and liability.

By agreeing to settle, The Parties’ desire to settle the Litigation and all claims arising out of or related to the allegations or subject matter of the Class Action Complaint and Litigation on the terms and conditions set forth herein for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing to litigate the Litigation. The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement available at this Settlement Website.

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”

You are included in the Settlement Class if you are a Person who provided their personal data to NorthStar and were notified that their personal data may have been impacted as a result of the Data Incident. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, call toll free (833) 383-6116, or write to Kemp v. NorthStar EMS c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324.

The proposed Settlement will provide the following benefits to Settlement Class Members:

Reimbursement Claims

• Compensation for Ordinary Losses: Settlement Class Members not selecting the Cash Compensation of approximately $50, may claim up to $1,000 by submitting a valid and timely Claim Form and reasonable supporting documentation for ordinary losses demonstrably incurred, more likely than not, as a result of the Data Incident. Ordinary losses can arise from the following categories:
  (i)  Out of pocket expenses incurred as a direct result of the Data Incident, including but not limited to documented bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, gasoline for local travel, and bank fees, all of which must be more likely than not attributable to the Data Incident, must not have been previously reimbursed or subject to reimbursement by insurance or a third party, and that are reasonably described and supported by an attestation under penalty of perjury, which will be a part of the claim form.
  (ii) Fees for credit reports, credit monitoring, or other identity theft insurance product purchased between March 14, 2023, and the date of the close of the June 10, 2024, that the claimant attests under penalty of perjury he/she incurred as a result of the Data Incident and not already paid for or reimbursed by a third party. All such fees must be supported by reasonable documentation substantiating the full extent of the amount claimed. 

Claims will be subject to review for completeness and plausibility by the Settlement Administrator.

To receive reimbursement from the Post-Net Settlement Fund for any of the above-referenced documented ordinary losses, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator. 

• Compensation for Lost Time: Settlement Class Members may claim up to 5 hours of lost time, at $20 an hour, if at least one hour of documented time was spent dealing with the Data Incident, subject to the one thousand dollar ($1,000) aggregate individual cap for ordinary losses. All such lost time must be reasonably described and supported by an attestation under penalty of perjury that the time spent was reasonably incurred dealing with the Data Incident, but no documentation is required. 

Cash Compensation: In the alternative of reimbursement claims, Settlement Class Members may make a claim for a cash payment that is estimated to be approximately $50, subject to pro rata increase or decrease of the Post-Loss Net Settlement Fund remaining after all payments for Compensation for Ordinary Losses and Compensation for Lost Time are made.

All Claim Forms will be reviewed by the Settlement Administrator for completeness and plausibility. You must file a Claim Form to get cash compensation or reimbursement from Post-Net Settlement Fund under the proposed Settlement. Claim Forms must be submitted online or postmarked no later than June 10, 2024. For more information, you can call the Settlement Administrator at (833) 383-6116 for a Claim Form.

If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue NorthStar, and each of their present and former parents, subsidiaries, divisions, departments, affiliates, employees, servants, members, providers, partners, principals, directors, shareholders, owners, predecessors, successors, assigns, and insurers, and each of the foregoing’s former or present directors, trustees, officers, employees, representatives, agents, providers, consultants, advisors, attorneys, accountants, partners, vendors, insurers, reinsurers, and subrogees (collectively, the “Released Persons”) regarding the claims in this case. The Settlement Agreement, which includes all provisions about Released Class Claims, releases, and Released Persons, is available at this Settlement Website. The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

Yes. If approved by the Court, the Class Representatives will each receive a Service Award of up to $1,500, to compensate them for their services and efforts in bringing the Litigation. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.

If you do not want to be included in the Settlement, you must “Opt-Out” by sending a timely written Opt-Out Request, stating your full name, address, and telephone number. Your Opt-Out Request must (a) state your full name, address, and telephone number; (b) contain your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (c) state your intent to be excluded from the Settlement Class and from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.

Your written Opt-Out Request must be postmarked no later than June 10, 2024 to:

Kemp v. NorthStar EMS
 c/o Kroll Settlement Administration
PO Box 5324
New York, NY 10150-5324

Instructions on how to submit an Opt-Out Request are available at this Settlement Website or from the Settlement Administrator by calling (833) 383-6116.

If you exclude yourself you will not be able to receive any cash benefit from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Litigation, and you will keep your right to sue Defendant on your own for the claims that this Settlement resolves.

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in Question 8) for the claims this Settlement resolves.

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money or reimbursement from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in Question 8) about the settled claims in this case at any time.

Yes. The Court has appointed Ryan Lutz of Cory Watson, P.C., Jon Mann of Pittman, Dutton, Hellums, Bradley & Mann, P.C., Nicholas Migliaccio of Migliaccio & Rathod L.L.P, Gary Mason of Mason LLP, and Ken Grunfeld of Kopelwitz Ostrow Ferguson Weiselberg Gilbert (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will apply to the Court for Fee Awards, Costs and Expenses not to exceed one-third of the total Settlement Fund (or $183,315) and reasonable costs and expenses incurred in prosecuting the Litigation. A copy of Class Counsel’s Motion for Fee Awards, Costs and Expenses and Service Award for Class Representatives will be posted on this Settlement Website, www.NSDataSettlement.com, before the Final Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an Objection with the Court and serve on Class Counsel and NorthStar’s Counsel by June 10, 2024, (the “Objection Deadline”) stating why you do not think the Settlement should be approved.

To be valid, each Objection must:

1. State the Settlement Class Member’s full name, current address, and telephone number; 
2. Contain the Settlement Class Member’s original signature; 
3. State that the Settlement Class Member objects to the Settlement, in whole or in part; 
4. Make a statement of the legal and factual basis for the Objection; provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position;
5. A list of all persons who will be called to testify at the Final Approval Hearing in support of the Objection. 

Objections should also provide the following information: 

(a) a list, by case name, court, and docket number, of all other cases in which the objector (directly or through a lawyer) has filed an objection to any proposed class action settlement within the last three (3) years; and 

(b) a list, by case number, court, and docket number, of all other cases in which the objector has been a named plaintiff in any class action or served as a lead plaintiff or class representative. A Settlement Class Member may only object on their own behalf or on behalf of a person they are authorized by law to object for, such as a trustee, guardian, or person acting under a power of attorney with respect to a claim or right.

Your Objection must be filed with the Clerk of Court, served on Class Counsel and NorthStar’s Counsel and include the case name and docket number, Kemp v. NorthStar Emergency Medical Services, Inc., Case No.: 63-cv-2023-900249.00, filed in Circuit Court of Tuscaloosa County, Alabama to be received no than June 10, 2024, at:

Class Counsel	Northstar's Counsel
Ryan Lutz Cory Watson, P.C.  2131 Magnolia Ave S  Birmingham, AL  35205(205) 328-2200 and Jon Mann Pittman, Dutton, Hellums, Bradley & Mann, P.C.  2001 Park Place North, #1100  Birmingham, AL 35203  (205) 322-8880	Christopher A. Wiech Baker & Hostetler LLP 1170 Peachtree Street Northeast, Suite 2400 Atlanta, GA 30309-7676

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold the Final Approval Hearing on June 17, 2024, at 2pm. ET in Courtroom ____, of the Circuit Court of Tuscaloosa County, Alabama 714 Greensboro Avenue, Tuscaloosa, AL 35401. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this Settlement Website for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be Finally approved. If there are valid Objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the Fee Awards, Costs and Expenses to Class Counsel and the request for a Service Award to the Class Representatives.

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an Objection, you do not have to come to the hearing to talk about it. If your Objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making Objections in Question 15, including the requirements for making appearances at the hearing.

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an Objection according to the instructions in Question 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.

This is only a summary of the proposed Settlement. If you want additional information about this Litigation, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Motion for Fee Awards, Costs and Expenses when available, and Service Award for Class Representatives, and more, please visit this Settlement Website or call (833) 383-6116. You may also contact the Settlement Administrator at Kemp v. NorthStar EMS, c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324.