Plaintiff,
v.
RECORD REPRODUCTION SERVICES, INC. (d/b/a “RRS”),
Defendant. / SUPERIOR COURT OF NEW JERSEY
CAMDEN COUNTY
DOCKET NO. CAM-L-4137-16
CLASS ACTION
LEGAL NOTICE OF PROPOSED SETTLEMENT
IF YOU ARE A NEW JERSEY PATIENT, OR AN AUTHORIZED REPRESENTATIVE OF A NEW JERSEY PATIENT, WHO PURCHASEDCOPIES OF MEDICAL RECORDS FROM RECORD REPRODUCTION SERVICES (“RRS”), YOUR LEGAL RIGHTS MAY BE AFFECTED
WHAT IS THIS NOTICE ABOUT? A lawsuit captioned LMA Legal, LLC v. Record Reproduction Services, Inc. (d/b/a “RRS”), Docket No. CAM-L-4137-16,was filed in the Superior Court of New Jersey, Camden County, on behalf of all patients who are New Jersey citizens, or authorized representatives of such patients, whopurchased copies of the patients’ medical recordsfrom Record Reproduction Services (“RRS”) between November 11, 2010 and July 31, 2017, which records were created by a New Jersey health care provider other than a hospital. The Complaintalleges that RRS improperly overcharged New Jersey patients and their authorized representatives by approximately $2.00 per transaction for reproducing, in addition to requested medical records: (1) the written letter request from the patient or authorized representative requesting copies of the patient’s records, and (2) the authorization for release of medical records signed by the patient. Plaintiff’s complaint primarily sought an order of injunctive relief from the Court, requiring RRS to discontinue this practice in all future transactions.
Defendant RRS denies any wrongdoing and specifically denies the claims and allegations asserted by Plaintiff. The Court has not ruled on the merits of Plaintiff’s or the Class’ claims and has made no determination of liability against Defendant. The parties nonetheless have agreed to settle the lawsuit.
WHY SHOULD I READ THIS NOTICE? You may be a member of the Class. This is a class action lawsuit that the parties have proposed to settle. If the proposed settlement is approved by the Court, your legal rights may be affected. This notice describes what the lawsuit is about, explains the terms of the proposed settlement, tells you who would be covered and what legal claims would be resolved by the settlement if the Court approves it, and explains how your rights may be affected by the settlement.
AM I COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT? You are a member of the proposed class if you are a New Jersey patient, or an authorized representative of a New Jersey patient, who paid RRS for copies of said patient’s medical records that were created by a New Jersey health care provider other than a hospital, between November 11, 2010 and July 31, 2017.
WHAT ARE THE TERMS OF THE SETTLEMENT? Subject to court approval, Defendant has agreed to implement the injunctive relief requested in Plaintiff’s complaint. Thus, in all future transactions, RRS will no longer charge New Jersey patients or their authorized representatives $2.00 for reproducing the written letter request from the patient or authorized representative requesting copies of the patient’s records or the authorization for release of medical records signed by the patient. The proposed settlement is intended to settle all claims against Defendant that arise in any way from Defendant’s conduct in the transactions that are the subject of this lawsuit. By participating in this Settlement, each Class member is releasing all such claims.
The full settlement is set forth in a Settlement Agreement that can be viewed at “ or by contacting Class Counsel identified below.
WHAT ARE MY RIGHTS? If you are a member of the Class and wish to participate in the settlement, you do not need to do anything. If the settlement is approved, you will not be charged for the reproduction of letter requests or signed authorizations in any future transaction with RRS.
If you are a member of the Class and you do NOT want to remain part of the Class, you must exclude yourself (“opt-out”). To opt-out, you must mail a written request, postage pre-paid, to Class Counsel at Stephen P. DeNittis, Esq., DeNittis Osefchen Prince, P.C., 5 Greentree Centre, 525 Route 73 N., Suite 410, Marlton, NJ 08053 and Defendant’s Counsel atRonald Giller and Sarah Wieselgren, Esq., Gordon Rees Scully Mansukhani, LLP, 18 Columbia Turnpike, Suite 220, Florham Park, NJ 07932. The request must be post-marked on or before January 22, 2018, and contain the following: (1) the name of the lawsuit; (2) your full name, current address and phone number; (3) information concerning your request and payment for medical records to RRS; (4) a specific statement of your intention to exclude yourself from the Settlement Class and any judgment entered pursuant to the proposed Settlement; and (5) your signature. If you do not opt-out as instructed above, you will be automatically included and bound by any determination of the Court, whether favorable or not, and any claim of yours will be ended by judgment.
You may also file a motion with the Court for permission to intervene in this lawsuit if you wish. You do not have to intervene. If you do not intervene in this case or exclude yourself from the Class, your interests will be represented by Class Counsel.
You may object to the proposed settlement if you wish. Any objection to the settlement must be filed with the Court and sent to the addresses listed above, postmarked no later than January 22, 2018. Any objection should contain the following: (1) the name of this lawsuit; (2) your full name, current address and telephone number and proof of your membership in the class (i.e., information concerning your request and payment for medical records to RRS); (3) a statement of the legal and factual basis for each objection; (4) whether you will appear at the final approval hearing and, if so, a description of any and all evidence you intend to present; (5) a list of any other cases in which you have previously appeared as an objector; and (6) your signature.
On February 5, 2018, at 11:00 a.m.,the Superior Court of New Jersey, Law Division, Camden County, the Honorable Michael J. Kassel, J.S.C., Camden County Hall of Justice, Courtroom 32, will hold a public fairness hearing to determine whether the proposed settlement should be finally approved. Class members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval. Class members who object to the proposed settlement are not required to attend the settlement hearing. If you want to be heard orally in opposition to the settlement you must indicate your intention to appear at the hearing in your written objection.
HOW DO I GET MORE INFORMATION? If you have any questions regarding the settlement, or whether you are a Class member, you can contact Class Counsel at 856-797-9951 or send an e-mail to Class Counsel at . You can also obtain more information about the settlement by visiting Class Counsel’s website at
PLEASE DO NOT WRITE OR TELEPHONE THE COURT FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.
Dated: November 30, 2017
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