Question 1

Why did I get the Notice?

Accepted Answer

The Court authorized the Notice because you have the right to know about the
proposed Settlement of this class action lawsuit and about all of your rights
and options before the Court decides whether to grant final approval of 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
receive those benefits.

The cases are known as McHugh v. Equinox, Inc., Index No. 911677-24 (Sup. Ct.
Albany Cty.); Carter v. Equinox, Inc., Index No. 901198-25 (Sup. Ct. Albany
Cty.) (collectively, the “Litigation”), in the Supreme Court of the State of New
York in Albany County. The people who filed this lawsuit and are now moving to
settle the Litigation are called the “Plaintiffs” and the company they sued,
Equinox, Inc., is called the “Defendant.”

Question 2

What is this lawsuit about?

Accepted Answer

On or about April 29, 2024, Equinox became aware of suspicious activity and
potential unauthorized access to its network, and in response launched an
investigation revealing that cybercriminals unlawfully accessed individuals’
Private Information. When Equinox became aware of the Data Incident, outside
advisors and cybersecurity experts were retained to assist in the evaluation of
the Data Incident, and law enforcement was notified.  Equinox thereafter
notified individuals that their Private Information may have been impacted by
the Data Incident.

Question 3

Why is this a class action?

Accepted Answer

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

The named Plaintiffs who are the settling Plaintiffs in this case are Rossana
McHugh and Andrea Carter. They are also referred to as the Class
Representatives.

Question 4

Why is there a Settlement?

Accepted Answer

Plaintiffs and Defendant disagree over the legal claims made in the Litigation.
Defendant denies the claims alleged in the Litigation or that it did anything
wrong. The Litigation has not gone to trial, and the Court has not decided in
favor of Plaintiffs or Defendant (collectively referred to as the “Parties”).
Further, no court or other judicial entity has made any judgment or other
determination that Defendant has done anything wrong. Instead, the Parties have
agreed to settle the Litigation and agree that the Settlement Agreement offers
significant benefits to all Settlement Class members and is fair, reasonable,
adequate, and in the best interest of Plaintiffs and all Settlement Class
Members.

Question 5

How do I know if I am part of the Settlement?

Accepted Answer

The Settlement Class includes all living individuals residing in the United
States who were sent a notice by Equinox that their Private Information may have
been impacted in the Data Incident.

FAQs

Basic Information

Who is Included in the Settlement?

The Settlement Class Member Benefits

How to Get Settlement Class Member Benefits — Submitting a Claim Form

The Lawyers Representing You

Excluding Yourself from the Settlement

Object To or Comment on the Settlement

The Final Approval Hearing

If You Do Nothing

Getting More Information

Basic Information

1. Why did I get the Notice?

2. What is this lawsuit about?

3. Why is this a class action?

4. Why is there a Settlement?

Who is Included in the Settlement?

5. How do I know if I am part of the Settlement?

6. Are there exceptions to individuals who are included in the Settlement Class?

7. What if I am still not sure whether I am part of the Settlement?

The Settlement Class Member Benefits

8. What does the Settlement provide?

9. What if there are Excess or Insufficient Funds in the Settlement Fund to Pay all Valid Claims?

10. Are there other Settlement Class Member Benefits?

11. What am I giving up in order to receive a Settlement Class Member Benefit or stay in the Class?

12. What are the Released Claims?

How to Get Settlement Class Member Benefits — Submitting a Claim Form

13. How do I make a claim for Settlement Class Member Benefits?

14. Where do I send my completed Claim Form?

15. What happens if my contact information changes after I submit a Claim?

16. When and how will I receive the Settlement Class Member Benefits?

The Lawyers Representing You

17. Do I have a lawyer in this case?

18. How will Class Counsel be paid?

Excluding Yourself from the Settlement

19. How do I get out of the Settlement?

20. If I exclude myself, can I still receive Settlement Class Member Benefits?

21. If I do not exclude myself, can I sue Equinox for the same thing later?

Object To or Comment on the Settlement

22. How do I tell the Court that I do not like the Settlement?

23. What is the difference between objecting and requesting exclusion?

The Final Approval Hearing

24. When and where will the Court decide whether to approve the Settlement?

25. Do I have to come to the Final Approval Hearing?

26. May I speak at the Final Approval Hearing?

If You Do Nothing

27. What happens if I do nothing at all?

Getting More Information

28. How do I get more information?