Frequently Asked Questions

BASIC INFORMATION

1. Why did I get this Notice?

A federal court authorized this 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. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Honorable David O. Carter of the United States District Court for the Central District of California, Southern Division is overseeing this class action. The case is known as Hellyer v. Smile Brands, Inc., Case No. 8:21-cv-01886-DOC-ADS (C.D. Cal.) (the “Action”). The people who filed this lawsuit are called the “Plaintiffs,” and the companies they sued, Smile Brands Inc., Smile Brands Group Inc., and Smile Brands Finance, Inc., are called the “Defendants.”

2. What is this lawsuit about?

On April 24, 2021, an unauthorized party gained access to certain Smile Brands computer systems and potentially acquired the personally identifiable information or protected health information of approximately 1.5 million patients or other individuals associated with Smile Brands or a Smile Brands-affiliated dental practice, which may have included their names, addresses, telephone numbers, dates of birth, health insurance information, or diagnosis information.

The Plaintiffs claim that Defendants failed to adequately protect their information and that they were injured as a result. Defendants deny any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated. The Defendants deny the claims made by the Plaintiffs in the Action. By entering into the Settlement, the Defendants are not admitting any wrongdoing.

3. Why is this a class action?

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

The five Class Representatives in this case are Christine Hellyer, Angelica Ponce, Charles Warren, Destinee Richard, and Tammie Edwards.

4. Why is there a Settlement?

The Class Representatives and the Defendants do not agree about the claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Class Representatives or the Defendants. Instead, the Class Representatives and the Defendants have agreed to settle the Action. The Class Representatives and the attorneys for the Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendants.

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

If you received a postcard Notice of this Settlement, you have been identified as a potential Settlement Class Member, because you received a written notice from Smile Brands or a Smile Brands-affiliated dental practice concerning the alleged Data Breach.

6. Are there exceptions to being included in the Settlement?

Yes, the Settlement does not include (1) any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff; and (2) the Defendants, any entity in which the Defendants have a controlling interest, and the Defendants’ officers, directors, legal representatives, successors, subsidiaries, and assigns. In addition, any individual who timely and validly requests to be excluded from the Settlement Class and the successors or assigns of any such excluded Persons.

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

If you are still not sure whether you are a Settlement Class Member, you may review this Settlement website further, or email the Settlement Administration at info@smilebrandsbreachsettlement.com.

THE SETTLEMENT BENEFITS — WHAT YOU GET IF YOU QUALIFY

8. What does the Settlement provide?

The Settlement will provide Settlement Class Members with the following benefits:

• Two years of comprehensive Credit Monitoring and Identity Theft Insurance Services through Experian;
• Cash Monetary Payment for the alleged damages you may have incurred, depending on the participation rate for the Settlement, the amount of which will be a pro rata share of the remaining Net Settlement Fund after all other Settlement Benefits have been paid;
• Cash payment of up to $5,000 for Out-of-Pocket Costs, for documented losses or out-of-pocket costs fairly traceable to the alleged Data Breach.
• Cash payment of up to $125 for Documented Time, for up to five hours of documented time fairly traceable to the alleged Data Breach, valued at up to $25 per hour; and
• Enhanced Security Measures taken by Smile Brands to protect stored information, including the information of the patients of its affiliated dental practices, valued in excess of $4.5 million.

9. Tell me more about the Credit Monitoring and Insurance Services.

Credit Monitoring and Identity Theft Insurance Services provide a way to protect yourself from unauthorized use of your information. If you already have credit monitoring services, you may still sign up for this additional protection. The Credit Monitoring and Identity Theft Insurance Services are being provided by Experian. These Credit Monitoring and Insurance Services include:

• 1-Bureau Credit Monitoring
• Daily Credit Alerts - New Inquiries, New Accounts Created, Change of Address Requests Associated with Credit Account, Changes to Public Records, and Posting of Potentially Negative Information
• Credit Report Upon Enrollment through Experian Bureau
• Credit Report Daily Online or Quarterly Offline
• No Hit Alerts
• Customer and Fraud Resolution Support
• Identity Theft Insurances up to $1 Million
• Comprehensive Educational Resources
• ExtendCARE – Fraud Resolution Extends Beyond the Life Of Initial Membership

Settlement Class Members who are considered minors will instead be offered Experian’s Minor Plus® credit monitoring service, which is specially tailored to provide services geared towards minors. More information about the Credit Monitoring and Insurance Services being provided by Experian through this Settlement will be made available upon enrollment.

10. Tell me more about the cash Monetary Payment.

You may qualify for a cash “Monetary Payment.”

Each Participating Settlement Class Member electing to receive a cash Monetary Payment will receive a check from the Settlement Fund for the alleged damages he or she suffered as a result of having their PII or PHI allegedly acquired during the alleged Data Breach, which includes any alleged damages under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. The check amount, if any, will depend on the participation rate for the Settlement and the amount will be each Participating Settlement Class Member’s pro rata share of the remaining Net Settlement Fund, after all other Settlement Benefits have been paid for out of the Remaining Net Settlement Fund, including the costs for Credit Monitoring and Identity Theft Insurance Services, Out-of-Pocket Costs Payments, and Documented Time Payments.

The following chart depicts an approximation of the Monetary Payment before deducting costs for Out-of-Pocket Costs Payments and Documented Time Payments:

In the event that a Monetary Payment made to Participating Members would exceed one thousand dollars and no cents ($1,000.00), then the Parties will seek guidance from the Court on how to disburse the remaining Net Settlement Fund. In the event that the Monetary Payment would be less than $5, the funds for Monetary Payments will instead be used to extend the Credit Monitoring and Identity Theft Insurance Services provided to all Participating Settlement Class Members.

The act of submitting a valid and timely Claim Form to the Settlement Administrator (via U.S. Mail or through the Settlement Website) entitles a Settlement Class Member to be a Participating Settlement Class Member and constitutes a representation that they are electing to receive Credit Monitoring and Identity Theft Insurance Services and a Monetary Payment under the Settlement. Only those Settlement Class Members identified on the Settlement Class List may submit a Claim to receive a Monetary Payment.

11. Tell me more about Cash Payments for Documented Time.

If you spent time remedying or addressing issues fairly traceable to the alleged Data Breach, including time spent on identity fraud or theft, fraud, bank fees, card cancellations, credit card fees, late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, card cancellation or replacement fees, credit-related costs associated with purchasing credit reports, credit monitoring or identity theft protection, placing a freeze or alert on credit reports, replacing a driver’s license, state identification card, or social security number, you may qualify for an additional cash payment of up to $25 per hour for up to five hours of time (up to $125).

To receive a Documented Time payment, you will be required to state the actual time spent remedying issues fairly traceable to the alleged Data Breach, swear that the information you are providing is “true and accurate under penalty of perjury,” and provide Reasonable Documentation that demonstrates the time spent. Reasonable Documentation may include credit card statements, bank statements, invoices, telephone records, and receipts. Payments may be reduced pro rata depending on the number of Settlement Class Members that participate in the Settlement. Only those Settlement Class Members identified on the Settlement Class List may submit a Claim to receive a Documented Time Payment.

12. Tell me more about Cash Payments for Out-of-Pocket Costs.

If you spent money remedying or addressing identity theft or fraud that was fairly traceable to the alleged Data Breach, or if you spent money to protect yourself from future harm because of the alleged Data Breach, you may make a claim for reimbursement of up to $5,000 in Out-of-Pocket Costs. Out-of-Pocket Costs consist of unreimbursed costs or losses incurred on or after April 24, 2021, including losses related to identity theft or fraud, which are fairly traceable to the alleged Data Breach. For example, late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, card cancellation or replacement fees, credit-related costs associated with purchasing credit reports, credit monitoring or identity theft protection, costs to place a freeze or alert on credit reports, and costs to replace a driver’s license, state identification card, or a social security number. Other losses or costs fairly traceable to the alleged Data Breach may also be eligible for reimbursement. Payments may be reduced pro rata depending on the number of Settlement Class Members that participate in the Settlement. Only those Settlement Class Members identified on the Settlement Class List may submit a Claim to receive an Out-of-Pocket Costs Payment.

13. Tell me more about the Enhanced Security Measures.

Defendants have agreed that they have or will undertake the enhanced security measures, detailed in the settlement agreement, and valued in excess of $4.5 million.

14. What is the total value of the Settlement?

The total value of the Settlement is expected to exceed $13 million, consisting of a non-reversionary Settlement Fund of $5,000,000, the $4,500,000 in Enhanced Security Measures by Defendants (for which the litigation was a substantial motivating factor), as well as at least $3,632,551.01 for every one percent (1%) of Class Members receiving Credit Monitoring and Identity Theft Insurance Services, but before excluding the cost of Credit Monitoring and Identity Theft Insurance Services. For example, if one percent (1%) of the Settlement Class enrolls in Credit Monitoring and Identity Theft Insurance Services, the total value of the settlement benefits will be $13,132,551.01, but before excluding the cost of Credit Monitoring and Identity Theft Insurance Services. Therefore, the value of the settlement benefits offered is likely to exceed $13 million.

15. What am I giving up to get a Settlement payment or stay in the Settlement Class?

Unless you exclude yourself, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants or related parties about the legal issues in this Action that are resolved by this Settlement and released by the Class Action Settlement Agreement and Release (“Settlement Agreement”). The specific rights you are giving up are called Released Claims (see next question).

16. What are the Released Claims?

In exchange for the Settlement and as detailed in the Settlement Agreement, Settlement Class Members agree to release Defendants and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, subrogees and assigns of any of the foregoing (including all of Smile Brands, Inc.’s affiliated dental practices as well as their predecessors and successors, including those dental practices listed in Exhibit 1 to the Settlement Agreement who have an employer, patient, or other connection with one or more Settlement Class Members) from any and all claims or causes of action, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, any claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, attorneys’ fees, costs, interest or expenses) that the Settlement Class Members, also know as the Releasing Parties, had or have prior to the Effective Date (including, but not limited to, assigned claims and any and all “Unknown Claims” as defined in the Settlement Agreement) that have been or could have been asserted in the Action or in any other action or proceeding before any court, arbitrator(s), tribunal or administrative body (including but not limited to any state, local, or federal regulatory body), arising from the alleged Data Breach or the acts, omissions, or other conduct by Defendants as alleged in the Action, regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source. The Released Claims shall specifically include the claims in this Action for (1) negligence, (2) invasion of privacy, (3) breach of contract, (4) breach of implied contract, (5) unjust enrichment, (6) violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200 to 17210, (7) violations of California’s Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 to 56.3, (8) violations of California’s Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 to 1798.199, (9) violations of California’s Consumer Legal Remedies Act, Cal. Civ. Code § 1770, (10) violations of California’s Customer Records Act, Cal. Civ. Code §§ 1798.80 to 1798.84, and (11) injunctive and declaratory relief. The inclusion of unknown claims was specifically bargained for and was a key element of the Settlement.

The Released Claims do not include claims against the cyber attacker(s) who committed the criminal acts involved in the alleged Data Breach and persons or entities that intentionally misuse for unlawful purposes the information potentially acquired in the alleged Data Breach.

More information is provided in the Settlement Agreement, which is available under Case Documents on the homepage.

HOW TO GET SETTLEMENT BENEFITS — SUBMITTING A CLAIM FORM

17. How do I make a claim for Settlement Benefits?

Claim Forms may be submitted using the Submit Claim tab or mailed to the Settlement Administrator at the address on the form. Claim Forms are also available for download on the Settlement website or you may request one by emailing info@smilebrandsbreachsettlement.com or writing to Hellyer v. Smile Brands Inc., P.O. Box 25397, Santa Ana, CA 92799. The quickest way to file a claim is online.

If you received a Postcard Notice by mail, please use your Last Name and Claim Number, located directly above your name, to file your Claim Form online. If you lost or do not know your Claim Number, please email info@smilebrandsbreachsettlement.com to obtain it. The deadline to complete and submit a Claim Form is November 16, 2023.

18. How do I make a claim for Credit Monitoring and Identity Theft Insurance Services?

If you received a postcard Notice in the mail, you may use the Claim Form provided to file a claim for Credit Monitoring and Identity Theft Insurance Services. Simply provide your email address (required to obtain Credit Monitoring and Identity Theft Insurance Services), tear the Claim Form at the perforation, and place it in the mail postmarked on or before November 16, 2023. If you prefer not to provide your email address on the tear-away Claim Form mailed to you, you may instead submit a Claim Form online or mail a Claim Form to the Settlement Administrator.

Instructions for filling out a claim for Credit Monitoring and Identity Theft Insurance Services are included on the Claim Form. You may access the Claim Form here.

The deadline to file a claim for Credit Monitoring and Identity Theft Insurance Services is November 16, 2023. You may file a claim for Credit Monitoring and Identity Theft Insurance Services in addition to claims for a Monetary Payment, Documented Time Payment, and Out-of-Pocket Costs Payment.

19. How do I make a claim for a cash Monetary Payment?

If you received a Notice in the mail, you may use the Claim Form provided to file a claim for a cash payment for the alleged damages you purportedly incurred as a result of having your PII or PHI allegedly acquired during the alleged Data Breach, which includes any alleged damages under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. To file a claim for a Monetary Payment, simply tear the Claim Form at the perforation, and place it in the mail postmarked on or before November 16, 2023. If you wish to receive your payment via electronic payment instead of a check, provide your email address (optional) on the Claim Form. If you would like to receive your payment via electronic payment, but would prefer not to provide your email address on the tear-away Claim Form mailed to you, you may instead submit a Claim Form online or mail a Claim Form to the Settlement Administrator.

Instructions for filling out a claim for a Monetary Payment are included on the Claim Form. You may access the Claim Form here.

The deadline to file a claim for Monetary Payment is November 16, 2023. You may file a claim for a Monetary Payment in addition to claims for Credit Monitoring and Identity Theft Insurance Services, Documented Time, and Out-of-Pocket Costs. Only those Settlement Class Members identified on the Settlement Class List may submit a Claim to receive a Monetary Payment.

20. How do I make a claim for a cash payment for Documented Time?

To file a claim for cash payment of up to $125 for Documented Time spent remedying or addressing issues fairly traceable to the alleged Data Breach, you must submit a valid Claim Form electing to receive a payment for Documented Time. The Claim Form requires that you sign the attestation regarding the information you provide and that you submit Reasonable Documentation, such as credit card statements, bank statements, invoices, telephone records, and receipts.

Instructions for filling out a claim for Documented Time are included on the Claim Form. You may access the Claim Form here.

The deadline to file a claim for Documented Time is November 16, 2023. You may file a claim for Documented Time in addition to claims for Credit Monitoring and Identity Theft Insurance Services, Monetary Payment, and Out-of-Pocket Costs. Only those Settlement Class Members identified on the Settlement Class List may submit a Claim to receive a Documented Time Payment.

21. How do I make a claim for a cash payment for Out-of-Pocket Costs?

To file a claim for a cash payment of up to $5,000 for reimbursement of Out-of-Pocket Costs, you must submit a valid Claim Form electing to receive a payment for Out-of-Pocket Costs. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Reasonable Documentation, such as credit card statements, bank statements, invoices, telephone records, and receipts.

Instructions for filling out a claim for Out-of-Pocket Costs are included on the Claim Form. You may access the Claim Form here.

The deadline to file a claim for Out-of-Pocket Costs is November 16, 2023. You may file a claim for Out-of-Pocket Costs in addition to claims for Credit Monitoring and Identity Theft Insurance Services, Monetary Payment, and Documented Tim Payment. Only those Settlement Class Members identified on the Settlement Class List may submit a Claim to receive an Out-of-Pocket Costs Payment.

22. What happens if my contact information changes after I submit a claim?

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 emailing info@smilebrandsbreachsettlement.com or by writing to:

Hellyer v. Smile Brands Inc.

P.O. Box 25397

Santa Ana, CA 92799

info@SmileBrandsBreachSettlement.com

23. When and how will I receive the Credit Monitoring and Identity Theft Insurance Services I claim from the Settlement?

If you make a valid and timely claim for Credit Monitoring and Identity Theft Insurance Services, the Settlement Administrator will send you information on how to activate your credit monitoring after the Settlement becomes final.

24. What happens if money remains after all of the Settlement Claims are paid?

None of the money in the Settlement Fund will be paid back to Defendants. If there is any money left in the Settlement Fund 150 days after the distribution of payments to Settlement Class Members, a subsequent Settlement Payment will be evenly made to all Participating Settlement Class Members with Approved Claims who cashed or deposited their Settlement payment, provided that the average check amount is equal to or greater than five dollars and no cents ($5.00). If the average check amount in a distribution would be less than five dollars and no cents ($5.00), the remaining Net Settlement Fund will be used to extend the Credit Monitoring and Identity Theft Insurance Services to Participating Settlement Class Members receiving that benefit for as long as possible.

THE LAWYERS REPRESENTING YOU

25. Do I have a lawyer in this case?

Yes, the Court has appointed John Yanchunis of Morgan & Morgan, William Federman of Federman & Sherwood, and Abbas Kazerounian of Kazerouni Law Group APC, who were appointed as Interim Co-Lead Class Counsel, and Daniel S. Robinson of Robinson Calcagnie, Inc. and Patrick Keegan of Keegan & Baker LLP, who were appointed as Interim Co-Liaison Counsel, to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Action.

26. How will Class Counsel be paid?

Class Counsel will file a motion asking the Court to award them attorneys’ fees and expenses of up to $1,600,000. They will also ask the Court to approve $2,500 service awards to each of the five Class Representatives for participating in this Action and for their efforts in achieving the Settlement. If awarded, these amounts will be deducted from the Settlement Fund before making payments to Settlement Class Members. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available under Case Documents on the homepage before the deadline for you to comment or object to the Settlement. You can also request a copy of the application by emailing the Settlement Administrator at info@smilebrandbreachsettlement.com.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue the Defendants for monetary damages on your own, based on the claims raised in this Action or released by the Released Claims, then you must take steps to exclude yourself or “opt-out” of the Settlement.

27. How do I exclude myself from the Settlement?

To exclude yourself from the Settlement, you must complete and sign a Request for Exclusion. The Request for Exclusion (1) must be in writing; (2) must identify the case name Hellyer v. Smile Brands, Inc., Case No. 8:21-cv-01886-DOC-ADS (C.D. Cal.); (3) must state the full name, current mailing address, and telephone number of the Settlement Class Member(s) seeking exclusion; (4) must be physically signed by the Person(s) seeking exclusion; and (5) must contain a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class in Hellyer v. Smile Brands, Inc., Case No. 8:21-cv-01886-DOC-ADS (C.D. Cal.).”

The Request for Exclusion must be addressed to the Settlement Administrator at the address below and postmarked no later than October 17, 2023.

Hellyer v. Smile Brands Inc.

P.O. Box 25397

Santa Ana, CA 92799

You cannot exclude yourself by telephone or email.

28. If I exclude myself, can I still get Credit Monitoring and Identity Theft Insurance Services and a cash payment?

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. The only way to obtain settlement benefits, including Credit Monitoring and Identity Theft Insurance Services and a cash payment, is to not opt out of the Settlement and instead to submit a valid and timely Claim Form.

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

No. Unless you exclude yourself, you give up any right to sue the Defendants or Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue your own lawsuit or be part of any other lawsuit against the Defendants or any of the Released Parties. If you have a pending lawsuit, consult with your attorney in that case immediately.

OBJECT TO OR COMMENT ON THE SETTLEMENT

30. How do I tell the Court that I object to the Settlement?

If you do not exclude yourself and you are a Settlement Class Member, you can tell the Court that you do not agree with all or any part of the Settlement. You can give reasons why you think the Court should not approve the Settlement. To object, you must file a signed statement with the Clerk of the United States District Court for the Central District of California, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, CA, 92701 (1) stating that you believe you are a member of the Settlement Class, and that you object to the Settlement in Hellyer v. Smile Brands, Inc., Case No. 8:21-cv-01866-DOC-ADS (C.D. Cal.), (2) including your full name, current mailing address, and telephone number; (3) stating the specific reasons you are objecting to the Settlement; (4) stating whether you or your attorney intends to appear at the Final Approval Hearing, and if yes, your attorney’s name, address, and phone number and the identity of any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Approval Hearing; and (5) attaching all documents or writings that you wish the Court to consider.

You must also mail a copy of your objection to the following four places postmarked no later than October 17, 2023:

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

Objecting is informing the Court you do not like something about the Settlement. However, you may object only to the portion of the Settlement providing monetary compensation and credit monitoring and identity theft insurance if you do not submit an opt-out, and thus exclude yourself, from that portion of the Settlement. Requesting exclusion from that portion of the Settlement is informing the Court you do not want to be part of, or participate in, that portion of the Settlement.

THE FINAL APPROVAL HEARING

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

The Court will hold a Final Approval Hearing on January 16, 2024 at 8:30 a.m. PT before the Honorable David O. Carter, United States District Court, Central District of California, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Courtroom 10A, Santa Ana, CA, 92701.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and decide whether to grant final approval of the Settlement, approve Class Counsel’s application for attorneys’ fees and expenses as well as service awards to the Class Representatives. If there are objections, the Court will consider them. The Court will also hear from people who have asked to speak at the hearing.

33. Do I have to come to the Final Approval 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 and mail an objection, you do not have to attend the hearing. As long as you file and mail your written objection on time and as set forth above, it will be considered by the Court.

34. May I speak at the Final Approval Hearing?

Yes. If you wish to attend and speak at the Final Approval Hearing, you must file with the Court and Counsel for the Parties a Notice of Intention to Appear. The deadlines and instructions for filing and Notice of Intention to Appear can be found in Question 30 above.

If you filed an objection, your objection must state whether you or your attorney intends to appear at the Final Approval Hearing and must identify any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Approval Hearing. If you plan to have your attorney speak for you at the Final Approval Hearing, your objection must also include your attorney’s name, address, and phone number.

IF YOU DO NOTHING

35. What happens if I do nothing at all?

If you are a Settlement Class Member and you do nothing, you will remain a member of the Settlement Class but will not receive any Settlement benefits other than the Enhanced Security Measures described above that Defendants have agreed to undertake. You will also give up rights explained in Questions 15 and 16, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants or any of the Released Parties about the legal issues in this Action and released by the Settlement Agreement.

GETTING MORE INFORMATION

36. How do I get more information?

This website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement itself. The Settlement Agreement and other related documents are available on the homepage of this website under Case Documents or by writing to Hellyer v. Smile Brands, Inc., P.O. Box 25397, Santa Ana, CA 92799, or info@SmileBrandsBreachSettlement.com. Publicly filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Central District of California or reviewing the Court’s online docket.

If you have questions, you may contact Class Counsel at:

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE. THE COURT CANNOT ANSWER ANY QUESTIONS.