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This is a Court-authorized Notice of a proposed Settlement of a class action, W.M.F. & Matthew Marden v. LifeMD, Inc<\/em>., Case No. A-24-906800-C, filed in the District Court of Clark County, Nevada. The individuals who sued are called the \u201cPlaintiffs\u201d or \u201cSettlement Class Representatives\u201d and the company they sued, LifeMD, Inc., doing business as REX MD, is known as the \u201cDefendant\u201d, \u201cLifeMD\u201d, or \u201cRexMD\u201d in this case.<\/p>\r\n The Court has certified the Settlement Class (defined below in Response #6<\/a>) and has granted preliminary approval of the Settlement Agreement. This Notice explains the nature of the class action lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of Settlement Class Members. Please read the instructions and explanations below carefully so that you can better understand your legal rights.<\/p>\r\n<\/div><\/div> You may have received a Notice because you were identified as a resident of the United States that is or was a member of LifeMD or RexMD or who ordered or purchased products from LifeMD or RexMD through the effective date of this Settlement Agreement and whose Private Information was allegedly disclosed to a third party through the use of Tracking Tools on Defendant\u2019s Websites.<\/p>\r\n<\/div><\/div> Plaintiffs allege that Defendant installed tracking technologies, including pixels (\u201cTracking Tools\u201d) on its websites, including but not limited to https:\/\/rexmd.com\/<\/a> y https:\/\/lifemd.com\/<\/a> (\u201cWebsites\u201d) and that those Tracking Tools potentially disclosed individually identifiable health information (\u201cIIHI\u201d) and protected health information (\u201cPHI\u201d) (referred to herein collectively as \u201cPrivate Information\u201d) of visitors to and users of (\u201cClass Members\u201d) its Website to unauthorized third parties including, but not limited to, Meta Platforms, Inc. d\/b\/a Meta (referred to herein as \u201cFacebook\u201d), Google LLC and TikTok Inc. Plaintiffs allege that Defendant\u2019s implementation and usage of such Tracking Tools allegedly resulted in the invasion of Plaintiffs\u2019 and Settlement Class Members\u2019 privacy and other alleged common law and statutory violations. Defendant has denied and continues to deny each and every allegation and all charges of wrongdoing or liability of any kind whatsoever asserted or which could have been asserted in this Action. Further, the Court overseeing the Action has not determined that LifeMD did anything wrong.<\/p>\r\n<\/div><\/div> A class action is a lawsuit in which an individual called a \u201cClass Representative\u201d brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a \u201cSettlement Class\u201d or \u201cSettlement Class Members.\u201d When a class action is settled, the settlement, which must be approved by the Court, resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement.<\/p>\r\n<\/div><\/div> To avoid the further expense, inconvenience, and distraction of burdensome and protracted litigation, the Parties reached a Settlement that resolves all claims brought on behalf of the Settlement Class. If finally approved by the Court, the Settlement Agreement requires Defendant to provide compensation to certain Settlement Class Members who submit valid and timely Claim Forms. The Settlement is not an admission of wrongdoing by Defendant.<\/p>\r\n The Court overseeing this litigation must give final approval to the Settlement Agreement before it can become effective. The Court has preliminarily approved the Settlement Agreement so that Settlement Class Members may be given notice and the opportunity to exclude themselves from the Settlement Class or to voice their support for or opposition to final approval of the Settlement Agreement. If the Court does not finally approve the Settlement Agreement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and the litigation will proceed as if there had been no Settlement.<\/p>\r\n<\/div><\/div> You are a Settlement Class Member if you are an individual residing in the United States that is or was a member of LifeMD or RexMD or who ordered or purchased products from LifeMD or RexMD through the effective date of this Settlement Agreement and whose Private Information was allegedly disclosed to a third party through the use of Tracking Tools on Defendant\u2019s Websites.<\/p>\r\n Excluded from the Settlement Class are: (i) Defendant or any related entities and their officers and directors; (ii)\u00a0all Settlement Class Members who timely and validly request exclusion from the Settlement Class and (iii)\u00a0any members of the judiciary who are or have presided over the instant Action and members of their families and staffs.<\/p>\r\n<\/div><\/div>\r\n Settlement Benefits.<\/u><\/strong> Settlement Class Members who submit a valid, complete, and timely Claim Form are eligible to receive one of either<\/u><\/strong> (1) a $10 cash payment or<\/u><\/strong> (2) a $25 voucher for the purchase of any of Defendant\u2019s services or products.<\/p>\r\n Voucher notice shall be sent via email and shall remain valid for two years from the date of issuance. The Voucher will be credited to recipient\u2019s account and the credit may be used towards the purchase of any product or service offered by Defendant.<\/p>\r\n Business Practice Changes<\/u><\/strong>.<\/strong> Defendant agrees to implement a third-party consent service to enhance consent management on its Website for no less than two years from the Effective Date. Costs associated with these business practice changes will be paid by Defendant.<\/p>\r\n ***To receive Settlement benefits, you must submit a Claim Form by September 22, 2025***<\/strong><\/p>\r\n<\/div><\/div> Complete a Claim Form by 22 de Septiembre de 2025<\/strong>. This is the only way to get a benefit from the Settlement. Settlement Class Members who qualify for cash compensation may choose to receive electronic payments or paper checks.<\/p>\r\n Once completed, the Claim Form can be submitted electronically HERE\u00a0<\/a>or printed and mailed to the following address:<\/p>\r\n LifeMD Settlement Administrator Mailed Claim Forms must be postmarked by 22 de Septiembre de 2025<\/strong>. Each Settlement Class Member is entitled to submit only one claim form. If you submit a Claim Form through the Settlement Website, please do not submit a duplicate Claim Form by mail, and vice versa. Duplicate Claim Forms will be rejected.<\/p>\r\n<\/div><\/div> If you timely submit a valid Claim Form for Settlement benefits and the Settlement is finally approved, you will receive a benefit in the amount approved by the Settlement Administrator after the Settlement Administrator processes your Claim Form. You will receive any benefit after the Settlement is final and has become effective.<\/p>\r\n<\/div><\/div> By staying in the Settlement Class, all the Court\u2019s orders will apply to you and will bind you. You also give Defendant a \u201crelease,\u201d which means you cannot sue or be part of any other lawsuit or other legal action against Defendant about or arising from the claims or issues in this lawsuit and as detailed in the Settlement Agreement.<\/p>\r\n The precise terms of the release are in the Acuerdo de Conciliaci\u00f3n<\/a>. Unless you formally exclude yourself from this settlement, you will release your claims. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class or you are welcome to talk to any other lawyer of your choosing at your own expense.<\/p>\r\n<\/div><\/div> By doing nothing, you are staying in the Settlement Class, but you are giving up the ability to get a benefit from the Settlement. To receive a benefit you must submit a Claim Form by 22 de Septiembre de 2025<\/strong>. By doing nothing or submitting a Claim Form, you are choosing to stay in the Settlement Class and, if the Settlement becomes final, you give up any right to sue the Defendant separately about the same issues in this lawsuit. See Response #10<\/a>.<\/p>\r\n<\/div><\/div>\r\n If you do not want to remain in the Settlement, but you want to preserve your legal claims against Defendant, then you must take steps to exclude yourself from this Settlement.<\/p>\r\n To exclude yourself from the Settlement, you must send an opt-out request by mail stating that you want to be excluded from W.M.F. & Matthew Marden v. LifeMD, Inc., <\/em>Case No. A-24-906800-C, to the Settlement Administrator. Your opt-out request must include: (1) your full name and address; (2) a statement that you want to be excluded from the Settlement Class; and (3) your signature. You must mail your opt-out request, postmarked no later than <\/strong>22 de Septiembre de 2025 <\/strong>to:<\/p>\r\n LifeMD Settlement Administrator No, if you submit an exclusion request, you will not receive anything from the Settlement, but you retain your right to sue Defendant over the claims raised in the Action.<\/p>\r\n<\/div><\/div>\r\n If you are a Settlement Class Member, you can object to the Settlement, or some part of it, and the Court will consider your views. In order to object to the Settlement, you must submit a written objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve some or all of the Settlement. Your objection must include: (i) the case name and number of the Action; (ii) the objector\u2019s full name, address, email address, and telephone number; (iii) an explanation of the basis upon which the objector claims to be a Settlement Class Member; (iv) all grounds for the objection, accompanied by any legal support for the objection; (v) the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for Service Award; (vi) the identity of all counsel representing the objector who will appear at the Fairness Hearing; (vii) any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between objector or objector\u2019s counsel and any other person or entity; (viii) a list of any persons who will be called to testify at the Fairness Hearing in support of the objection; (ix) a statement confirming whether the objector intends to personally appear and\/or testify at the Fairness Hearing; and (x) the objector\u2019s signature on the written objection (an attorney\u2019s signature is not sufficient). If you file a timely written objection, you may, but are not required to, appear at the Fairness Hearing, either in person or through your attorney.<\/p>\r\n If you file an objection, you may still receive benefits under the Settlement so long as you timely file a valid claim. Any written objection to the Settlement must be (i) submitted to the Court by filing the written objection through the Court\u2019s Case Management\/Electronic Case Files (\u201cCM\/ECF\u201d) system or by mailing the written objection to the Clerk of Court or by filing the written objection in person at any location of the Court and (ii) mailed first class postage prepaid to Class Counsel and Defendant\u2019s counsel and filed or postmarked by no later than the September 22, 2025<\/strong>.<\/p>\r\n Plaintiffs Counsel<\/u><\/strong><\/p>\r\n David S. Almeida\u00a0 y Defense Counsel<\/u><\/strong><\/p>\r\n Tammy Webb\u00a0 y Clerk of Court<\/u><\/strong><\/p>\r\n Clark County Clerk of Court\u00a0 <\/p>\r\n <\/p>\r\n <\/p>\r\n <\/p>\r\n<\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\n<\/div><\/div>\r\n The Court has appointed David S. Almeida of Almeida Law Group LLC and Nicholas A. Migliaccio and Jason Rathod of Migliaccio & Rathod LLP to represent the Settlement Class as Settlement Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.<\/p>\r\n<\/div><\/div> Settlement Class Counsel will ask the Court to approve an Attorneys\u2019 Fee and Expense award of no more than $750,000.00. Settlement Class Counsel will also request a service award of $2,500.00 for each Class Representative. Defendant will pay the Court-approved Attorneys\u2019 Fees and Service Awards separately from the Settlement benefits for the Settlement Class described above.<\/p>\r\n The Application for Attorneys\u2019 Fees and Expenses and Service Awards will be posted on the Settlement Website after it is filed.<\/p>\r\n<\/div><\/div>\r\n The Court will hold a hearing to decide whether to grant Final Approval of the Settlement. You may attend if you wish, but you are not required to do so.<\/p>\r\n The Court has already preliminarily approved the Settlement Agreement. The Court will hold the Fairness Hearing on A m\u00e1s tardar el 30 de Septiembre de 2025<\/strong> at 9:00 A.M. PT<\/strong> in the courtroom of the Honorable Jennifer Schwartz, Courtroom 03E, which is located in the Regional Justice Center, 200 Lewis Ave., Las Vegas, NV 89155. The purpose of the hearing will be for the Court to: (a) enter the Final Approval Order and Final Judgment and dismissing the Action with prejudice; (b) determine whether the Settlement should be approved as fair, reasonable, and adequate; (c) rule upon an application for the Service Award by the Plaintiff; (d) rule upon an application by Settlement Class Counsel for Attorneys\u2019 Fees and Expenses; and (e) enter any final order awarding Attorneys\u2019 Fees and Expenses and Service Award.<\/p>\r\n YOU ARE NOT<\/u> <\/strong>REQUIRED TO ATTEND THE FAIRNESS HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT.<\/p>\r\n Please be aware that the hearing may be postponed to a later date without notice.<\/p>\r\n<\/div><\/div> If you are a Settlement Class Member and have not opted out of the Settlement, you may ask the Court for permission to speak at the Fairness Hearing. You cannot speak at the hearing if you exclude yourself from the Settlement Class.<\/p>\r\n<\/div><\/div>\r\n This Notice only provides a summary of the proposed settlement<\/em><\/strong>. Complete details about the Settlement can be found in the Acuerdo de Conciliaci\u00f3n<\/a>.<\/p>\r\nYour Benefits Under the Settlement<\/h2>\r\n
PO Box 3137
Baton Rouge, LA 70821<\/p>\r\nExcluding Yourself from the Settlement<\/h2>\r\n
PO Box 3137
Baton Rouge, LA 70821<\/p>\r\n<\/div><\/div>Objecting to the Settlement<\/h2>\r\n
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Almeida Law Group LLC
849 W. Webster Avenue
Chicago, Illinois 60614<\/p>\r\n
\u00a0
Nicholas A. Migliaccio\u00a0
Migliaccio & Rathod LLP
412 H Street NE
Washington, DC 20002<\/p>\r\n<\/td>\r\n\r\n
Shook, Hardy & Bacon LLP
555 Mission Street, Suite 2300
San Francisco, CA 94105<\/p>\r\n
\u00a0
Daniel Rohner\u00a0
Shook, Hardy & Bacon LLP
1660 17th Street, Suite 450
Denver, CO 80202<\/p>\r\n<\/td>\r\n\r\n
601 North Pecos Road
1st Floor
Las Vegas, Nevada 89101<\/p>\r\nThe Lawyers Representing the Settlement Class<\/h2>\r\n
The Fairness Hearing<\/h2>\r\n
Getting More Information – Contact<\/h2>\r\n