Frequently Asked Questions
- Why was the Notice issued?
- What is this lawsuit about?
- Why is there a Settlement?
- Why is this lawsuit a class action?
- How do I know if I am included in the Settlement?
- Are there exceptions to being included in the Settlement?
- What does the Settlement Provide?
- What am I giving up to receive Settlement benefits or stay in the Class?
- What are Released Claims?
- How do I submit a claim and get a cash payment?
- What happens if my contact information changes after I submit a Claim Form?
- When will I receive my Settlement benefits?
- How do I opt out of the Settlement?
- If I opt out can I still get anything from the Settlement?
- If I do not opt out, can I sue the Defendant for the same thing later?
- How do I tell the Court I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- Do I have a lawyer in the lawsuit?
- How will Class Counsel be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Fairness Hearing?
- May I speak at the Final Fairness Hearing?
- How do I file a Claim for a deceased party?
- Someone I know received a Notice; how do I file a Claim for myself?
- Where do I find my Unique ID?
- I received a Notice; how do I know this is legitimate?
- How do I get more information about the Settlement?
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Why was the Notice issued?
A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.
The Honorable Judge Nelson Peralta of the Fourth Judicial District in the Hennepin County District Court for the State of Minnesota, is overseeing this class action. The lawsuit is known as In re MNGI Digestive Health, P.A., Case No. 27-CV-24-10788 (the “lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, MNGI Digestive Health, P.A. is called the “Defendant.”
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What is this lawsuit about?
The Plaintiffs filed this lawsuit against Defendant on behalf of Class Members regarding a Data Incident experienced on or around August 20, 2023, that involved an unauthorized third-party accessing Defendant’s network and computer systems and potentially accessing the Private Information of Class Members. The Private Information involved potentially included Class Members’ full names, dates of birth, passport numbers, drivers’ license or state identification numbers, medical information, health insurance information, payment card information, account numbers, and Social Security numbers.
Plaintiffs also alleged negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, violations of the Minnesota Consumer Fraud Act, violations of the Minnesota Uniform Deceptive Trade Practices Act, and violations of the Minnesota Health Records Act.
Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, the Plaintiffs and Defendant have agreed to a Settlement to avoid the risk, cost, and time of continuing the lawsuit.
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Why is there a Settlement?
The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for all parties and the Class Members because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit.
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Why is this lawsuit a class action?
In a class action, one or more people (called Class Representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who timely exclude themselves (opt out) from the Class.
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How do I know if I am included in the Settlement?
You are included in the Class if you are an individual to whom Defendant sent notice of the Data Incident that Defendant experienced on or about August 20, 2023.
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Are there exceptions to being included in the Settlement?
Yes. Excluded from the Class are: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this Settlement (including any members of the Court’s staff assigned to this lawsuit); (iii) Defendant’s officers and directors, 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 Data 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: 1-888-876-3767
Email: INFO@mngiSettlement.com
Mailing Address: MNGI Data Incident Litigation Settlement Administrator, P.O. Box 2410, Portland, OR 97208-2410
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What does the Settlement Provide?
If you are a Class Member, you can submit a Claim Form for the following Settlement benefits:
Out-of-Pocket Losses
You may submit a Claim Form with documentation for unreimbursed costs, expenses, and losses fairly traceable to the Data Incident for up to $10,000 per Class Member.
To submit a Claim Form for Out-of-Pocket Losses, you must provide: (1) your name and current address; (2) documentation reasonably supporting your Claim Form; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone.
Examples of expenses incurred as a result of the Data Incident, include (without limitation):
• Unreimbursed costs, expenses, losses or charges incurred as a result of identity theft or identity fraud, falsified tax returns or other possible misuse of your Social Security number;
• Unreimbursed costs incurred on or after August 20, 2023, associated with accessing or freezing/unfreezing credit reports with any credit reporting agency;
• Unreimbursed costs incurred on or after August 20, 2023, associated with credit or health care monitoring;
• Other unreimbursed miscellaneous expenses incurred related to any Out-of-Pocket Losses such as notary, fax, postage, copying, mileage and long-distance telephone charges;
• Other mitigative costs that were incurred on or after August 20, 2023, through the date you submit your Claim Form; and
• Unpaid time off work to address issues fairly traceable to the Data Incident at your actual hourly rate.
Class Members who elect to submit a claim for reimbursement of Out-of-Pocket Losses must provide to the Settlement Administrator information required to evaluate the claim, including: (1) the Class Member’s name and current address; (2) documentation reasonably supporting their claim; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone.
Documentation supporting Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Class Member concerning the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to clarify or support other submitted documentation.
Out-of-Pocket Losses will be deemed “fairly traceable” if: (1) the timing of the loss occurred on or after August 20, 2023, and (2) in the Settlement Administrator’s sole determination, the Out-of-Pocket Losses could reasonably be caused by the Data Incident.
Claims for Out-of-Pocket Losses may be reduced pro rata in the unlikely event that insufficient funds remain in the Settlement Fund after the payment of Attorneys’ Fees and Expenses Award, any Service Awards and Administration Fees.
Cash Payment
Without providing documentation, you may also submit a Claim Form to receive a pro rata (a legal term meaning equal share) cash payment.
Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase or decrease based on the remaining funds in the Net Settlement Fund after payment of Valid Claims for Out-of-Pocket Losses and Medical Monitoring, payment of Attorneys’ Fees and Expenses Award, any Service Awards, and Administration Fees.
For purposes of calculating the pro rata increase or decrease, the Settlement Administrator must distribute the funds in the Net Settlement Fund first for payment of Out-of-Pocket Losses and then for Medical Monitoring.
Medical Monitoring
You may also submit a Claim Form to receive two years of free Medical Monitoring. Medical Monitoring is a service that would be performed by a third-party company – CyEx. CyEx would monitor medical and healthcare data to determine if your private medical information is at risk or has been exposed to medical fraud, and if so, alert you so that you could address any such activity at its earliest stages.
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What am I giving up to receive Settlement benefits or stay in the Class?
Unless you exclude yourself (opt out), you will remain in the Class. If the Settlement is approved and becomes final, all Court orders and any judgments 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 Persons about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims”.
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What are Released Claims?
Section VI of the Settlement Agreement describes the Release, Released Claims, and Released Persons, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Release, Released Claims, or Released Persons and what the language in the Settlement Agreement means, you can also contact Class Counsel for free using the contact information listed below, or you can talk to your own lawyer at your own expense.
Raina C. Borrelli (MN #0392127)
STRAUSS BORRELLI PLLC
980 N Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
raina@straussborrelli.comChristopher P. Renz (MN # 0313415)
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
crenz@chestnutcambronne.comBrian C. Gudmundson (MN #0336695)
ZIMMERMAN REED LLP
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55401
Telephone: (612) 341-0400
brian.gudmundson@zimmreed.comE. Michelle Drake (MN #387366)
BERGER MONTAGUE, PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
emdrake@bm.netKate Baxter-Kauf (MN # 0392037)
LOCKRIDGE GRINDAL NAUEN, PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 596-4007
kmbaxter-kauf@locklaw.comNathan D. Prosser (MN # 0329745)
HELLMUTH & JOHNSON PLLC
8050 West 78th Street
Edina, MN 55439
Telephone: (952) 941-4005
nprosser@hjlawfirm.comDavid A. Goodwin (MN #0386715)
GUSTAFSON GLUEK, PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 19103
Telephone: (612) 333-8844
dgoodwin@gustafsongluek.comMelissa S. Weiner (MN #0387900)
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PEARSON WARSHAW, LLP
328 Barry Avenue South, Suite 200
Wayzata, MN 55391
Telephone: (612) 389-0600
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How do I submit a claim and get a cash payment?
You must submit a timely and valid Claim Form to receive any Settlement benefits as described above. Your Claim Form must be submitted online at the website claim portal, available here, by September 4, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by September 4, 2025. Claim Forms are also available to download here or by calling 1-888-876-3767 or by writing to:
MNGI Data Incident Litigation
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Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410 -
What happens if my contact information changes after I submit a Claim Form?
If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:
MNGI Data Incident Litigation
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Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410 -
When will I receive my Settlement benefits?
If you file a timely and valid Claim Form, the Settlement benefits will be provided after the Settlement is approved by the Court and becomes Final.
It may take time for the Settlement to be approved and become Final. Please be patient and check this Settlement Website for updates.
EXCLUDE YOURSELF OR OPT OUT OF THE SETTLEMENT
If you are a member of the Class and want to keep any right you may have to sue or continue to sue the Released Persons on your own about the legal claims in this lawsuit or the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—or opting out of—the Settlement.
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How do I opt out of the Settlement?
To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:
- Your full name and current address;
- Your personal physical signature; and
- A statement that you want to be excluded from the Class, such as “I hereby request to be excluded from the Class in the MNGI Data Incident Litigation."
The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by August 5, 2025:
MNGI Data Incident Litigation
Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410You cannot opt out (exclude yourself) by telephone or by email.
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If I opt out, can I still get anything from the Settlement?
No. If you opt out, you will not be able to receive Settlement benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.
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If I do not opt out, can I sue the Defendant for the same thing later?
No. Unless you opt out, you give up any right to sue any of the Released Persons for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Persons about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.
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How do I tell the Court I do not like the Settlement?
If you are a Class Member, you can tell the Court you do not agree with all or any part of the Settlement Agreement.
To object, you must file your written objection with the Court as provided below by August 5, 2025, and send by U.S. mail to the Settlement Administrator postmarked by August 5, 2025, stating you object to the Settlement in In re MNGI Digestive Health, P.A. Case, No. 27-CV-24-10788.
To file an objection, you cannot exclude yourself from the Class. Your objection must include all of the following information:
- Your full name, telephone number, and address;
- The case name and docket number, In re MNGI Digestive Health, PA, No. Case No 27-cv-10788;
- Information identifying you as a Class Member, including proof that you are a Member of the Class (e.g., copy of your Settlement notice, copy of original notice of the Data Incident or a statement explaining why you believe you are a Class Member);
- A written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable;
- The identity of any and all lawyers representing you in connection with the objection;
- A statement whether you and/or your lawyer will appear at the Final Fairness Hearing; and
- Your signature or the signature of your duly authorized lawyer or other duly authorized representative (if any) representing you in connection with the objection.
To object, you must file your timely written objection with the Court as provided below by August 5, 2025, and send it by U.S. mail to the Settlement Administrator postmarked by August 5, 2025, at the following addresses:
Court SETTLEMENT ADMINISTRATOR Clerk of Fourth Judicial District Court
Hennepin County Government Center
300 South Sixth Street
Street Minneapolis, MN 55487
MNGI Data Incident Litigation
Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410
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What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. If you opt out, you are telling the Court that you do not want to be part of the Class. If you opt out, you cannot object because you are no longer part of the Settlement.
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Do I have a lawyer in the lawsuit?
Yes. The Court has appointed Raina Borrelli (Strauss Borrelli PLLC), Christopher P. Renz (Chestnut Cambronne PA), Brian Gudmundson (Zimmerman Reed LLP), E. Michelle Drake (Berger Montague PC), Melissa Weiner (Pearson Warshaw, LLP), Kate Baxter-Kauf (Lockridge Grindal Nauen PLLP), Nathan Prosser (Hellmuth & Johnson PLLC) and David Goodwin (Gustafson Gluek PLLC) as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own cost if you want someone other than Class Counsel to represent you in this lawsuit.
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How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award the attorneys’ fees at or below 33.33% of the Settlement Fund, or approximately $946,155, plus reasonable expenses. Class Counsel will also ask the Court to approve the Service Awards for the Class Representatives of up to $5,000 each for their efforts. If awarded by the Court, the attorneys’ fees and expenses, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.
THE FINAL FAIRNESS HEARING
The Court will hold a “Final Fairness Hearing” to decide whether to approve the Settlement, Class Counsel’s attorneys’ fees, expenses, and Service Awards. You may attend and you may ask to speak if you file an objection by the deadline, but you do not have to.
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When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Fairness Hearing on September 4, 2025, at 9:00 a.m. CDT before the Honorable Judge Nelson Peralta at the Hennepin County Government Center, 300 S 6th Street, Minneapolis, MN 55487. The courtroom for the hearing will be displayed on the video monitors on the main floor (skyway level) of the Court tower of the Hennepin County Government Center on the day of the hearing. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s attorneys’ fees, expenses, and Service Awards.
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may also listen to you or your lawyer speak at the hearing.
Note: The date and time of the Final Fairness Hearing are subject to change without further notice to the Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this Settlement Website to confirm the date and time of the Final Fairness Hearing have not changed.
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Do I have to attend the Final Fairness Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Fairness Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.
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May I speak at the Final Fairness Hearing?
Yes, as long as you do not exclude yourself (opt out) and you file a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Fairness Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.
If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed above—and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.
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How do I file a Claim for a deceased party?
If an original Claimant is deceased and a Claim needs to be filed in the name of an Estate, Trust, or Individual, we will need one of the following supporting documentation appointing the legal representative or executor to be included with the Claim Form:
- Letters Testamentary
- Letters of Executorship
- Letter of Administration
- Last Will and Testament
You can upload the documentation along with filing a Claim Form online here. The Claimant's record will be updated once the documentation is substantiated by our claims processing.
Alternatively, you may download a copy of the Claim Form here to submit via standard mail. If submitting a paper Claim via standard mail, Class Members will need to provide all the information requested on the Claim Form, attach any supporting documentation, sign it, date it, and then mail it to the following address:
MNGI Data Incident Litigation
Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410ATTENTION: All Claim Forms must be postmarked or submitted online no later than September 4, 2025.
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Someone I know received a Notice; how do I file a Claim for myself?
If you did not receive a Notice, you were not identified as being an eligible member of the Settlement Class. Please review FAQ 5 for additional information regarding eligibility.
If you wish to submit a Claim Form via standard mail, you may download a copy of the Claim Form here. You will need to provide all the information requested on the Claim Form, attach any supporting documentation, sign it, date it, and then mail it to the following address:
MNGI Data Incident Litigation
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Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410 -
Where do I find my Unique ID?
Unique IDs are located at the top of the Notice that was sent to all Class Members on June 6, 2025. If you did not receive a Notice, you were not identified as being an eligible member of the Settlement Class. Only eligible Class Members will have a Unique ID. Please review FAQ 5 for additional information regarding eligibility.
If you received a Notice but no longer have your Unique ID, please contact the Settlement Administrator to request this information by calling, emailing or writing at:
Toll-Free: 1-888-876-3767
Email: Info@MNGIsettlement.com
Mailing Address: MNGI Data Incident Litigation Settlement Administrator, P.O. Box 2410, Portland, OR 97208-2410
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I received a Notice; how do I know this is legitimate?
This is not a scam. We are the Settlement Administrator for the MNGI Data Incident Litigation. A $2,838,749.62 Settlement has been reached in a class action lawsuit against MNGI Digestive Health, P.A. (“Defendant”) involving a Data Incident experienced on or around August 20, 2023, that involved an unauthorized third-party accessing Defendant’s network and computer systems and potentially accessing the Private Information of Class Members.
The Honorable Judge Nelson Peralta of the Fourth Judicial District in the Hennepin County District Court for the State of Minnesota, is overseeing this class action. The lawsuit is known as In re MNGI Digestive Health, P.A., Case No. 27-CV-24-10788 (the “lawsuit”).
The court authorized the Notice you received because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.
If a Settlement Class Member, your rights are affected whether you act or don’t act.
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How do I get more information about the Settlement?
This website summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information by calling toll-free 1-888-876-3767, or by writing to:
MNGI Data Incident Litigation
Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE.
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