IF YOUR PRIVATE INFORMATION WAS POTENTIALLY IMPLICATED IN THE DATA INCIDENT
THAT FIRST CHOICE DENTAL DISCOVERED IN OCTOBER 2023, AND YOU WERE SENT NOTICE,
YOU MAY BE ENTITLED TO BENEFITS FROM A SETTLEMENT.
A settlement has been reached in a class action lawsuit against FCDG Management, LLC d/b/a First Choice Dental (“Defendant”) involving a Data Incident suffered by Defendant where cybercriminals potentially accessed Defendant’s system containing individuals’ Private Information on or about October 2023. The Private Information involves sensitive information including, but not limited to, names, dates of birth, Social Security numbers, passport numbers, driver’s license numbers, government identification numbers, credit and debit card numbers, financial account numbers, and health information. Plaintiffs alleged claims for negligence, negligence per se, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, and for violations of Wisconsin Statute § 146.82. Defendant denies all allegations of wrongdoing or liability in the lawsuit.
The Settlement Class includes all individuals in the United States whose Private Information was implicated in the Data Incident discovered by Defendant in October 2023. Excluded from the Settlement Class are: (i) Defendant; (ii) the Related Entities; (iii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) 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 a Settlement Class Member, you can submit a timely and valid Claim Form for the following Settlement benefits:
Documented Economic Losses
You may submit a timely and valid Claim Form with documentation for out-of-pocket expenses incurred as a result of the Data Incident, up to a maximum of $6,000.00 per person.
Documented Economic Losses include, without limitation and by way of example monetary loss from fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after mailing of the Notice of Data Incident, through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source.
Alternative Cash Payment
Instead of submitting a Claim Form for Documented Economic Losses, Settlement Class Members can make a Claim for a single fifty dollar and zero cents ($50.00) cash payment. No supporting documentation is required.
Credit Monitoring
In addition to the Monetary Compensation, you may also submit a Claim Form to receive three years of CyEx Medical Shield monitoring, which includes $1,000,000 in identity theft protection insurance.
The actual amount of the Monetary Compensation may be prorated downwards if the settlement administration costs, attorneys’ fees and expenses, service awards, Monetary Compensation, and the costs of Defendant’s information security and systems remediation and improvements (which total $225,000) exceed the aggregate cap of $1,225,000, so that the total amount to be paid will not exceed $1,225,000.
You must submit a timely and valid Claim Form to receive any Settlement benefits as described above. You must complete and file a Claim Form online or by mail postmarked by January 28, 2026, including required supporting documents if you choose to submit a Documented Economic Losses claim.
| Action | Summary of Legal Rights | Deadline(s) |
| Submit a Claim Form | The only way to get Settlement benefits is to submit a timely and valid Claim Form. | JANUARY 28, 2026 |
| Exclude Yourself | You can choose to opt out of the Settlement and receive no payment. This option allows you to sue, continue to sue, or be part of another lawsuit against Defendant related to the legal claims resolved and released by this Settlement. You can hire your own legal counsel at your own expense. | DECEMBER 29, 2025 |
| Object to the Settlement | Stay in the Settlement, but tell the Court why you do not agree with the Settlement. You will still be bound by the Settlement if the Court approves it. | DECEMBER 29, 2025 |
| Do Nothing | You will receive no Settlement benefits. Give up your legal rights. | No Deadline |
| Final Fairness Hearing | The Court will hold a “Final Fairness Hearing” to decide whether to approve the Settlement and attorneys’ fees, costs, and expenses, and service award. You may attend and you may ask to speak if you submit an objection by the deadline, but you do not have to. | JANUARY 12, 2026 |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read the Long Form Notice.
The Court will hold a Final Fairness Hearing on January 12, 2026, at 9:00 a.m. before the Honorable Benjamin Jones at Dane County Courthouse, 215 S Hamilton St., Madison WI 53703. 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 request for attorneys’ fees, costs, and expenses, and the service award to the Class Representatives.
The date and time of the Final Fairness Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website for Settlement updates.