NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
THIS IS A COURT-AUTHORIZED NOTICE. IT IS NOT A NOTICE OF A LAWSUIT AGAINST YOU OR A SOLICITATION FROM A LAWYER.
All customers of Revival Animal Health, Inc. (“Revival”), a merchant that uses CommerceV3, Inc.’s (“CV3”) e-commerce platform to enable its customers to place online orders for pet medication, who were notified by Revival that their name, billing address, payment card number, CVV code, and payment card expiration date (“Personal Information”) were potentially compromised in a cyberattack against CV3 (the “Data Incident”)
A proposed Settlement has been reached in the class-action lawsuit styled Robert Morris v. CommerceV3, Inc., Case No. 2024-CA-41, in Lake County, Florida Circuit Court (“Action”). The Plaintiff in the Action asserted claims against CV3 arising out of the Data Incident.
Revival Animal Health is not a party to the lawsuit or accused of any wrongdoing.
If you are a member of the Settlement Class, you have the following options:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM BY SEPTEMBER 26, 2025
You must submit a valid claim form to receive reimbursement for unreimbursed expenses and losses.
DO NOTHING
You will receive no benefits and will no longer be able to sue the Released Parties, CommerceV3, Inc., and its parents, subsidiaries, predecessors, shareholders, members, merchants, vendors, and affiliates, and all of their present and former officers, directors, employees, agents, consultants, advisors, attorneys, representatives, insurers, and legal representatives over the claims resolved in the settlement.
EXCLUDE YOURSELF FROM THE SETTLEMENT BY SEPTEMBER 1, 2025
You will receive no benefits from the Settlement, but you will retain your legal claims against the Released Parties.
OBJECT BY SEPTEMBER 1, 2025
Write to the Court about why you do not like the Settlement. You must remain in the Settlement Class or Settlement Subclass to object to the Settlement.
Please review the Notice for all details regarding your options above or call 1-844-979-7301.
The Action is a proposed class-action lawsuit against CV3 brought on behalf of all persons whom were sent written notice by Revival that their Personal Information was potentially compromised as a result of the Data Incident.
The Plaintiff in the Action, through his attorneys (“Class Counsel”), investigated the facts and law relating to the issues in the Action. The Plaintiff and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Plaintiff’s claims or CV3’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that CV3 did anything wrong, or that the Plaintiff and/or the Settlement Class would, or would not, win the case if it were to go to trial.
The Plaintiff in the Action, through his attorneys (“Class Counsel”), investigated the facts and law relating to the issues in the Action. The Plaintiff and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Plaintiff’s claims or CV3’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that CV3 did anything wrong, or that the Plaintiff and/or the Settlement Class would, or would not, win the case if it were to go to trial.
Settlement Class Members who submit a valid Claim Form may be entitled to receive the following benefits:
Ordinary Losses up to $500, which includes the following:
Extraordinary Losses up to $5,000, which includes compensation for proven monetary loss, professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services incurred as a result of the Data Incident.
Lost Time spent dealing with the Data Incident compensated at a rate of $20 per hour for up to four hours, if at least one full hour was spent dealing with the Data Incident. Claims for lost time are included within the $500 cap on Ordinary Losses. Claimants must attest to the accuracy of any request for compensation for lost time.
No payment shall be made for emotional distress, personal/bodily injury, or punitive damages.
Alternative Cash Payment
As an alternative to claiming compensation for ordinary expenses, extraordinary losses, and lost time as described above, Settlement Class Members who submit a valid and timely claim may elect to receive a one-time payment of $40 without the need to document losses or attest to time spent as a result of the Data Incident.
You may complete the Claim Form on the website under the File a Claim tab by using the Claim ID and PIN provided on your Notice. You may also obtain a paper Claim Form by downloading it on this website under the Notice & Claim Form tab. You may also request a claim form be mailed to you by calling the claims administrator at 1-844-979-7301. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically or mail them to:
You can also download a Claim Form on this website under the File A Claim tab using the Claim ID and PIN provided on your Notice.You may also obtain a paper Claim Form by downloading it on this website under the Notice & Claim Form tab.
CommerceV3, Inc. Claims Administrator
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
You must make a signed written request that (i) clearly states that you wish to exclude yourself from the Settlement Class in the Action, and (ii) include your name, address and phone number. You must send your request by September 1, 2025, to this address:
CommerceV3, Inc. Claims Administrator
Attn: Exclusions
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the Settlement or any part of it. You can ask the Court to deny approval of the Settlement by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement benefits will be sent out and the lawsuit will continue.
Any objection to the proposed Settlement must be in writing and it and any supporting papers must be filed with the Court and mailed to Class Counsel and CV3’s Counsel.
Court | Class Counsel | CV3’s Counsel |
---|---|---|
Lake County Courthouse 550 W. Main St., 1st Floor Tavares, FL 32778 |
Jeff Ostrow of Kopelowitz Ostrow P.A. 1 W. Las Olas Blvd, 5th Floor Fort Lauderdale, FL 33301 J. Gerard Stranch, IV of Stranch, Jennings & Garvey, PLLC 223 Rosa L Parks Ave Suite 200 Nashville, TN 37203 |
Christopher G. Dean MCDONALD HOPKINS LLCOstrow P.A. 600 Superior Avenue, Ste., 2100 Cleveland, OH 44114 |
Objections must be filed or postmarked no later than September 1, 2025.
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for October 1, 2025, at 9:30 A.M. via Zoom. The Zoom link for the Final Approval Hearing will be made available by the Court one week prior to the hearing, at which time the Parties will publish the Zoom link on the Settlement Website.
At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Plaintiff’s request for attorneys’ fees and costs, and Plaintiff’s request for a service award for the Representative Plaintiff. During or after the hearing, the Court will decide whether to approve the Settlement.
It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website to confirm the schedule if you wish to attend.
No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person to make an objection; the Court will consider any written objections properly submitted according to the instructions in Question 15. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.
If the Court approves the Settlement, the Settlement will become effective, and distributions for valid and approved claims will begin 30 days after the Effective Date. In the event there are objections to the Settlement or an appeal, it is possible the Settlement could be disapproved. We do not know how long this process may take.
The Court has appointed the following Class Counsel to represent the Settlement Class Members in the Action: Jeff Ostrow of Kopelowitz Ostrow P.A., 1 West Las Olas Blvd, 5th Floor, Ft. Lauderdale, FL 33301 and J. Gerard Stranch, IV of Stranch, Jennings & Garvey, PLLC, 223 Rosa L Parks Ave Suite 200, Nashville, TN 37203.
Settlement Class Members will not be charged for the services of Class Counsel; Class Counsel will be paid by CV3, subject to Court approval. However, you may hire your own attorney at your own expense to advise you in this matter or represent you in making an objection or appearing at the final settlement approval hearing.
If you would like additional information or have questions, please click on the Contact tab to contact the Claims Administrator by mail, email or phone