Frequently Asked Questions

A Court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

The Honorable Hala Y. Jarbou, of the U.S. District Court for the Western District of Michigan, is overseeing this case. The case is called Schreiber et al. v. Mayo Foundation for Medical Education and Research, Case No. 2:22-cv-00188-HYJ-RSK. The people who sued are called the Plaintiffs. The Defendant is Mayo Foundation for Medical Education and Research.

In a class action, one or more people called class representatives (in this case, Jeffrey Schreiber, Richard Colony, Kay Vredeveld, and Michael Surnow) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class.

This lawsuit claims that Defendant violated Michigan’s Preservation of Personal Privacy Act, H.B. 5331, 84th Leg. Reg. Sess., P.A. No. 378 §§ 1-4, id. § 5, added by H.B. 4694, 85th Leg. Reg. Sess., P.A. No. 206, § 1 (Mich. 1989) (the “PPPA”), by disclosing information related to its customers’ magazine subscriptions to third parties between June 16, 2016 and July 30, 2016. The Defendant denies it violated any law.  The Court has not determined who is right.  Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to the Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

The approximately 62,746 direct purchasers whose information was included on the lists obtained in discovery that were transmitted to third parties between June 16, 2016 and July 30, 2016, and thus that have standing, which are reflected on the Class List.  If you are uncertain whether you are a Settlement Class Member, please contact the Settlement Administrator by phone at (833) 425-9990 or email at [email protected] to find out whether you are included within the Settlement Class.

Excluded from the Settlement Class are (1) any Judge or Magistrate presiding over this Action and members of their families; (2) the Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, agents, attorneys, and employees; (3) Persons who properly execute and file a timely request for exclusion from the class; and (4) the legal representatives, successors or assigns of any such excluded Persons. 

Monetary Relief:  A Settlement Fund has been created totaling $52,500,000. Settlement Class Member payments, the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and awards to the Class Representatives will also come out of this fund (see Question 12). 

A detailed description of the Settlement benefits can be found in the Class Action Settlement Agreement (hereinafter “Settlement Agreement”), a copy of which is accessible in the Documents section of this Settlement Website. 

The amount of this payment will depend on how many requests for exclusion are submitted. Each Settlement Class Member will receive a proportionate share of the Settlement Fund, which Class Counsel anticipates will be approximately $540-$700.  You can contact Class Counsel at (248) 609-7331 to inquire as to the number of requests for exclusion that have been received to date.

The hearing to consider the fairness of the Settlement is scheduled for May 29, 2024. If the Court approves the Settlement, eligible Settlement Class Members will receive their payment 28 days after the Settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check, and all checks will expire and become void 180 days after they are issued.  Alternatively, you may request that the payment is issued through PayPal or Venmo (see Question 9 below for further details).

If you are a Settlement Class Member who received a Notice via postcard and you want to get a payment, do nothing and you will automatically receive a pro rata share of the Settlement Fund, which Class Counsel anticipates will be approximately $540-$700. Your check for a pro rata share of the Settlement Fund will be sent to the postal address identified in the Notice you received.  If you have changed addresses or are planning to change addresses prior to June 26, 2024, please click here to complete and submit a change of address form on this Settlement Website.  If you wish to receive your payment via PayPal or Venmo, you may do so by submitting the Election Form on this Settlement Website.

If you are a Settlement Class Member who did not receive a Notice via postcard and you want to get a payment, you must complete and submit a Claim Form. You may submit a Claim Form either electronically on this Settlement Website by clicking here, or by printing and mailing in a paper Claim Form, copies of which are available for download in the Documents section of this Settlement Website. Claim Forms must be submitted online by 11:59 p.m. EST on May 15, 2024, or postmarked and mailed by May 15, 2024.

The Court has appointed Frank S. Hedin and Arun G. Ravindran of Hedin LLP, E. Powell Miller of The Miller Law Firm, P.C., and Joseph I. Marchese and Philip L. Fraietta of Bursor & Fisher, P.A. to represent the class.  They are called “Class Counsel.”  They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers.  If you want to be represented by your own lawyer in this case, you may hire one at your expense.

The Defendant has agreed that Class Counsel attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than 35% of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund. 

Subject to approval by the Court, Defendant has agreed that Class Representatives Jeffrey Schreiber may be paid a service award of $3,500; Richard Colony and Kay Vredeveld may be paid a service award of $2,500 each; and Michael Surnow may be paid a service award of $1,000, for their services in helping to bring and resolve this case.

To exclude yourself from the Settlement, you must submit a request for exclusion by May 13, 2024. Requests for exclusion may be submitted by either printing and completing the request for exclusion form found in the Documents section of this Settlement Website, or by mailing or otherwise delivering a letter (or your request for exclusion) stating that you want to be excluded from the Schreiber et al. v. Mayo Foundation for Medical Education and Research, Case No. 2:22-cv-00188-HYJ-RSK settlement.  Your letter or request for exclusion must also include your name, your address, the title of the publication(s) to which you subscribed, your signature, the name and number of this case, and a statement that you wish to be excluded.  If you choose to submit a request for exclusion, you must mail or deliver your exclusion request, postmarked no later than May 13, 2024, to the following address:  

Schreiber et al. v. Mayo Foundation
c/o Kroll Settlement Administration
P.O. Box 5324
New York, NY 10150-5324

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.

No. If you exclude yourself, you will not receive a pro rata share of the Settlement Fund.

If you are a Settlement Class Member, you can object to the Settlement if you don’t like any part of it.  You can give reasons why you think the Court should not approve it. The Court will consider your views.  To object, you must file with the Court a letter or brief stating that you object to the Settlement in Schreiber et al. v. Mayo Foundation for Medical Education and Research, Case No. 2:22-cv-00188-HYJ-RSK and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a Settlement Class Member (including the title of the publication(s) which you purchased or to which you subscribed), the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action Settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the Settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below. 

Class Counsel will file with the Court and post on this Settlement Website its request for their Fee Award by April 29, 2024. 

If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question Number 20), you must say so in your letter or brief.  File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than May 13, 2024.

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class.  Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 9:00 AM on May 29, 2024, at the United States District Court for the Western District of Michigan, located at 128 Federal Bldg., 315 W Allegan St, Lansing MI 48933. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for service awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting this Settlement Website or calling (833) 425-9990. If, however, you timely objected to the settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.  

No.  Class Counsel will answer any questions the Court may have.  But you are welcome to come at your own expense.  If you send an objection or comment, you don’t have to come to Court to talk about it.  As long as you filed and mailed your written objection on time, the Court will consider it.  You may also pay another lawyer to attend, but it’s not required.

Yes.  You may ask the Court for permission to speak at the Final Approval Hearing.  To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Schreiber et al. v. Mayo Foundation for Medical Education and Research, Case No. 2:22-cv-00188-HYJ-RSK.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than May 13, 2024, and be sent to the addresses listed in Question 16.

The Notice summarizes the Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement by visiting the Documents section of this Settlement Website. You may also write with questions to Schreiber et al. v. Mayo Foundation, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324. You can call the Settlement Administrator at (833) 425-9990 or Class Counsel at 248-609-7331, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this Settlement Website.