1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement Class Member Benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement Class Member Benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt-out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and opting-out?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The District Court for the 251st Judicial District for Potter County, Texas, authorized the Notice. You have a right to know about the proposed Settlement of this Action, and about all of your options, before the Court decides whether to grant Final Approval of the Settlement. This website explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Barham v. Dental Group of Amarillo, LLP, Case No. 112201-C-CV, pending in the District Court for the 251st Judicial District for Potter County, Texas. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued Dental Group of Amarillo, LLP, the “Defendant.”
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This lawsuit alleges that during the October 26, 2023, targeted cyberattack on DGA's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names, email addresses, dates of birth, telephone numbers, Social Security numbers, drivers’ license numbers, and health information such as provider name, dates of service, X-rays, medical history, and dental insurance information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt-out of the settlement. In this Settlement, the Class Representatives are Steve Barham and Jimmy Nunn, and everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs are right or the Defendant is right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive benefits from the Settlement. Plaintiffs and Class Counsel think the Settlement is best for all Settlement Class members.
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The court has defined the Settlement Class as: “all living individuals residing in the United States who were sent a notice by Defendant that their Private Information may have been impacted in the Data Incident.”
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Yes. Excluded from the Settlement Class are: (a) employees, directors, officers, and agents of Defendant; and (b) the Judge assigned to the Action, that Judge’s immediate family, and Court staff.
If you are not sure whether you are a member of the Settlement Class, you can ask for free help any time by contacting the Settlement Administrator at:
DGA Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@DGADataSettlement.com
Call toll free, 24/7: (833) 360-6769
You may also view the Settlement Agreement here.
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DGA will establish a Settlement Fund of $1,000,000.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Awards for the Plaintiffs, and Settlement Administration Costs. The net remaining funds will be used to pay for the Settlement Class Member Benefits described below.
You may claim Credit Monitoring Services and either Cash Payment A OR Cash Payment B.
Credit Monitoring Services. All Settlement Class Members are eligible to receive three (3) years of Credit Monitoring Services. This includes:
Real time monitoring of the Settlement Class Member’s credit file at three bureaus;
Dark web scanning with immediate notification of potential misuse;
Comprehensive public record monitoring;
Medical identity monitoring;
Identity theft insurance with no deductible; and
Access to fraud resolution agents to help investigate and resolves instances of theft.
Cash Payments. All Settlement Class Members are eligible for a Cash Payment. You may select only one Cash Payment, not both.
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you may file a claim for reimbursement. The maximum amount of this reimbursement is $5,000.00. This benefit covers expenses like:
bank, credit card, and debit card fees;
overdraft, declined payment, and returned check fees;
cost to replace your driver’s license, Social Security number, or other types of identification;
long distance phone charges, cell phone charges (if charged by the minute), or data charges (if charged by the amount of data used);
fees for credit reports or credit monitoring; and
losses due to identity theft or fraud.
You must submit third-party documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to clarify or support other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
If you claim Cash Payment A, you may not also claim Cash Payment B.
Cash Payment B – Flat Cash Payment. In lieu of submitting a claim for Documented Losses, you may request a one-time cash payment of $125.00
If you claim Cash Payment B, you may not also claim Cash Payment A.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
DGA Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@DGADataSettlement.com
Call toll free, 24/7: (833) 360-6769
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Unless you opt-out of the Settlement, you won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is through the online Claims Module. If you prefer, you can download the Claim Form here and mail it to the Settlement Administrator at:
DGA Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 360-6769, by email info@DGADataSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by October 13, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than October 13, 2025.
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The Court will hold a Final Approval Hearing on October 27, 2025 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement Class Member Benefits will be distributed if the Court grants Final Approval, and after any appeals are resolved.
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Yes, the Court appointed attorneys Kenneth Grunfeld of Kopelowitz Ostrow, William B. Federman of Federman & Sherwood, and Leigh S. Montgomery of EKSM, LLP to represent you and Settlement Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve attorneys’ fees of up to one-third of the Settlement Fund, plus reimbursement of reasonable costs, which will be paid from the Settlement Fund.
Class Counsel will also ask for Service Awards of $2,500.00 for each of the Class Representatives. Service Awards will be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a request for exclusion or “opting-out.”
If you exclude yourself or opt-out, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement Class Member Benefits if you exclude yourself, but you will keep any rights you may have to sue DGA on your own about the legal issues in this case.
The deadline to exclude yourself or opt-out from the Settlement is September 29, 2025.
To be valid, your opt-out request must have the following information:
the name of the Action: Barham v. Dental Group of Amarillo, LLP, Case No. 112201-C-CV, pending in the District Court for the 251st Judicial District for Potter County, Texas;
your full name, mailing address, telephone number, and email address (if any);
your personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you want to be excluded from the Settlement.
You may only exclude yourself, not any other person.
Mail your opt-out request to the Settlement Administrator at:
DGA Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Your opt-out request must be submitted, postmarked, or emailed by September 29, 2025.
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If you are a Settlement Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
the name of the Action: Barham v. Dental Group of Amarillo, LLP, Case No. 112201-C-CV, pending in the District Court for the 251st Judicial District for Potter County, Texas;
your full name, mailing address, telephone number, and email address (if any);
a clear description of all the reasons you object, including any legal support you may have for your objection;
the number of times you have objected to a class action settlement in the last 5 years, the caption of each case, and copies of any orders or rulings related to your objections that were issued by the court;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and contact information, and indicate if they will appear at the Final Approval Hearing;
the number of times your lawyer has objected to a class action settlement in the last 5 years, the caption of each case, and copies of any orders or rulings related to their objections that were issued by the court;
a full list of all witness you plan to call and documents you plan to submit at the Final Approval Hearing;
a statement confirming whether you intend to personally appear or testify at the Final Approval Hearing; and
your signature (if you have hired your own lawyer, your lawyer’s signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by September 29, 2025. You must also send copies of the objection to Class Counsel and counsel for Defendants.
Clerk of the Court | Class Counsel | Counsel for Defendants |
Clerk of the Court | Kenneth Grunfeld | Jonathan O. Harris |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself or opt-out from the Settlement. Excluding yourself from the Settlement is opting-out and stating to the Court that you do not want to be part of the Settlement. If you opt-out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a Final Approval Hearing on October 27, 2025, at 9:30am Central Time, at 2309 Russell Long Blvd., Canyon, Texas 79015.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Awards to the Class Representatives who brought this Action on behalf of the Class. The Court will also consider any objections to the Settlement.
If you are a Settlement Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check the Important Dates page for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in Question 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
DGA Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@DGADataSettlement.com
Call toll free, 24/7: (833) 360-6769
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 251st District Court, 350 SE 6th Ave. Suite 5B, Amarillo, TX 79101.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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