Frequently Asked Questions

A Court authorized the Notice because you have a right to know about a 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. The Notice explains the lawsuit, the Settlement, and your legal rights.

The Honorable Christopher T. McGrath J.S.C., of the Supreme Court for the State of New York, Nassau County, 100 Supreme Court Drive, Mineola, New York 11501 is overseeing this case. The case is called La Febre, et al. v. Lemonade, Inc., Index No. 605719/2024. The persons who have sued are called the Plaintiffs. The Defendant is Lemonade, Inc.

In a class action, one or more people called the Class Representatives (in this case, Sean La Febre, Jeffrey Parker, and Kendall Greeven) 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 the California Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 631, the Pennsylvania Wiretapping Act (“WESCA”), 18 Pa.C.S. § 5701, et seq., New York Gen. Bus. Law § 349, and the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2523, by disclosing it’s applicants’ personally identifiable information (“PII”) and protected health information (“PHI”) to third parties without consent. The Defendant denies that 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 a 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 Settlement Class is defined as:

all persons who accessed lemonade.com, either directly or through www.bestow.com or www.northamericancompany.com, and entered answers to health-related questions on an application for life insurance in the United States between March 15, 2021, and September 28, 2023.

Excluded from the Settlement Class are (1) any Judge or Magistrate presiding over this Action and members of their families; (2) the Defendant, its 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: Defendant has created a Settlement Benefit Cap totaling $4,995,000.  All payments to Settlement Class Members, the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees, and an incentive award to the Class Representative will also come out of this fund (see Question 13). 

Prospective Changes:  In addition to this monetary relief, the Settlement also requires Defendant to suspend the disclosure of PHI to third parties.

A detailed description of the Settlement benefits can be found in the Settlement Agreement. 

If you are member of the Settlement Class, you may submit a Claim Form to receive a Cash Payment of up to $14.86.  You must submit a Claim Form in order to receive any compensation under the Settlement.

The hearing to consider the fairness of the Settlement is scheduled for February 6, 2025. If the Court approves the Settlement, eligible Class Members whose claims were approved by the Settlement Administrator will receive their Cash Payment 30 days after the Settlement has been finally approved and/or 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.

If you are a Settlement Class Member and you want to get a Cash Payment you must complete and submit a Claim Form by January 21, 2025. Claim Forms can be found and submitted online, or by printing and mailing a paper Claim Form, copies of which are available for download in Documents section of this website. Claim Form must be submitted online or mailed and postmarked on or before January 21, 2025.

Mail to:  Lemonade Privacy Settlement

             c/o Kroll Settlement Administration LLC

             PO Box 225391

             New York, NY 10150-5391

If the Settlement becomes final, you will give up your right to sue Defendant for the claims this Settlement resolve. The Settlement Agreement describes the specific claims you are giving up against the Defendant. You will be “releasing” the Defendant and certain of its affiliates described in Section 1.27 of the Settlement Agreement. Unless you exclude yourself (see Question 14), you are “releasing” the claims, regardless of whether you submit a claim or not.  The Settlement Agreement is available through the “Documents” link on this website.

The Settlement Agreement describes the Released Claims with specific descriptions (see Sections 1.26-1.28 and 3.1-3.2 of the Settlement Agreement), so read it carefully. If you have any questions you can talk to the lawyers listed in Question 12 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

If you do nothing, you won’t get any benefits from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement.

The Court has appointed Bursor & Fisher, P.A. to be the attorneys representing the Settlement 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.

Class Counsel’s attorneys’ fees, costs, and expenses will be paid from the Settlement Fund in an amount determined and awarded by the Court. Class Counsel is entitled to seek no more than one-third of the $4,995,000 Settlement Benefit Cap, but the Court may award less than this amount.

As approved by the Court, the Class Representatives will be paid incentive awards from the Settlement Benefit Cap for helping to bring and settle the case. The Class Representatives will seek no more than $5,000 each as incentive awards, but the Court may award less than this amount.

To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the La Febre, et al. v. Lemonade, Inc., Index No. 605719/2024 Settlement. Your letter or request for exclusion must also include your name, your address, your signature, the name and number of this case, and a statement that you wish to be excluded. You must mail or deliver your request for exclusion postmarked on or before January 21, 2025 to:

Lemonade Privacy Settlement

c/o Kroll Settlement Administration LLC

PO Box 225391

       New York, NY 10150-5391

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, do not submit a Claim Form to ask for benefits.

If you’re 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 La Febre, et al. v. Lemonade, Inc., Index No. 605719/2024 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, an explanation of the basis upon which you claim to be a Settlement Class Member, 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 website its request for attorneys’ fees by January 6, 2025.

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 21), you must say so in your letter or brief.  You must file the objection with the Court no later than January 21, 2025.  The Court’s address is:

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 on February 6, 2025, at 9:30 am at the Supreme Court of the State of New York, County of Nassau. 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 an incentive award to the Class Representative. 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 this website or call Class Counsel at 1-646-837-7150. 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 such Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. 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 La Febre, et al. v. Lemonade, Inc., Index No. 605719/2024.” 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 January 21, 2025.

The Notice summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement or Contact us through Contact Us section of this website. You may also write with questions to Lemonade Privacy Settlement, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391 . You can call the Settlement Administrator at (833) 627-6442 or contact Class Counsel by emailing [email protected], if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this website. For any address changes contact the Settlement Administrator listed above.