Tivity Health Securities Litigation
HomeCase DocumentsContact UsFrequently Asked QuestionsFile Claim

Frequently Asked Questions


  1. What is the purpose of the Notice?
  2. What is this lawsuit about?
  3. How do I know if I am affected by the Settlement? / How do I know if I am a Member of the Class?
  4. Do I qualify to submit a claim? Do I qualify for payment? Is my specific Security/CUSIP/purchase eligible?
  5. Can I submit my Proof of Claim and Release via email?
  6. What does the Settlement provide?
  7. How much will I get? Is this worth my time?
  8. Do I have a lawyer in this case?
  9. When and where will the Court decide whether to approve the proposed Settlement?
  10. Do I have to come to the hearing?
  11. May I speak at the hearing?
  12. How do I get my stock records? You must have my records since you contacted me.
  13. I have multiple accounts. Do I need to submit multiple Proof of Claim forms?
  14. How do I submit a claim on behalf of a deceased beneficial purchaser/owner or their estate?
  15. What should I provide as documentation to support my transactions?
  16. Can I send a late claim?
  17. How long does it take to process my claim?

 



  1. What is the purpose of the Notice?

    The purpose of the Notice is to inform you about: (i) this Litigation; (ii) the terms of the proposed Settlement; and (iii) your rights in connection with a hearing to be held before the United States District Court for the Middle District of Tennessee (the “Court”), on November 12, 2025, at 9:00 a.m., to consider the fairness, reasonableness, and adequacy of the Settlement and related matters.  The Notice also describes the steps to be taken by those who wish to seek to be potentially eligible to share in the distribution of the Net Settlement Fund in the event the Settlement is approved by the Court.

    Top

  2. What is this lawsuit about?

    A brief background of this case is provided on pages 3-4 of the Notice and is also summarized on the case website. We do not have any more information regarding the background of this case beyond what is provided in the Notice and posted case documents.

    Top

  3. How do I know if I am affected by the Settlement? / How do I know if I am a Member of the Class?

    If you are a Member of the Class, you are subject to the Settlement. The Class consists of: All Persons who purchased or otherwise acquired Tivity Health common stock between March 8, 2019, and February 19, 2020, inclusive. Excluded from the Class are: Defendants, members of their immediate families, any entity of which a Defendant has a controlling interest, and the legal representatives, heirs, predecessors, successors, or assigns of any excluded party.

    An opportunity to be excluded from the Class was previously provided to the Class and no Member of the Class requested exclusion. No further exclusion opportunity is being provided under the Settlement.

    Please Note: Receipt of the Notice or Postcard Notice does not mean that you are a Class Member or that you will be entitled to receive payment from the Settlement. If you are a Class Member and you wish to be eligible to participate in the distribution of the proceeds from the Settlement, you are required to submit the Proof of Claim and the required supporting documentation as set forth therein postmarked or submitted online on or before October 20, 2025.

    Top

  4. Do I qualify to submit a claim? Do I qualify for payment? Is my specific Security/CUSIP/purchase eligible?

    We are unable to advise regarding claim eligibility prior to receiving and processing a Proof of Claim submission. We cannot be more specific than the information which has been included in the Notice and cannot interpret how the Notice or Plan of Allocation may apply to a specific claim prior to processing. Please read the Notice and Class definition carefully and decide whether or not you wish to submit a Proof of Claim. If you are still not certain of eligibility and want for us to determine eligibility, you will need to submit a Proof of Claim along with supporting documentation for your transactions.

    Top

  5. Can I submit my Proof of Claim and Release via email?

    Email is not an acceptable submission method and claims submitted via email will not be reviewed for eligibility. You must submit your claim via the online form under the "File Claim" tab of this website or mail it to the Claims Administrator so that it is postmarked no later than October 20, 2025:

    Tivity Health Securities Litigation
    Claims Administrator
    c/o Verita Global
    P.O. Box 301171
    Los Angeles, CA 90030-1171

    If submitting via the online form, there is a link on this website which allows a claimant to complete the Proof of Claim. The link is found on the “File Claim” tab under the header “Submit Your Proof of Claim Online.”

    Note that the online link may be disabled at any time after the filing deadline, and you will only be able to submit via mail to the address above.

    Top

  6. What does the Settlement provide?

    Subject to Court approval, and as described more fully in the Notice, Lead Plaintiff, on behalf of the Class, has agreed to settle all Released Plaintiff’s Claims (as defined in the Stipulation of Settlement) against Defendants and other Released Defendant Parties (as defined in the Stipulation) in exchange for a settlement payment of $17.05 million in cash (the “Settlement Amount”). The Net Settlement Fund (the Settlement Fund less the amount of the Fee and Expense Award and any award to Lead Plaintiff, if requested, and to the extent allowed by the Court, Taxes and Tax Expenses, Notice and Administration Expenses, and any other fees or expenses approved by the Court) will be distributed in accordance with a plan of allocation (the “Plan of Allocation”) that will be approved by the Court and will determine how the Net Settlement Fund shall be distributed to Members of the Class. The Plan of Allocation is a basis for determining the relative positions of Class Members for purposes of allocating the Net Settlement Fund. The proposed Plan of Allocation is included in the Notice, and may be modified by the Court without further notice.

    Top

  7. How much will I get? Is this worth my time?

    Your share of the Net Settlement Fund will depend on several things, including the total dollar amount of claims represented by the valid Proofs of Claim that Class Members send in, compared to the dollar amount of your claim, all as calculated under the Plan of Allocation set forth in the Notice.

    If you are a Class Member, you must submit a Proof of Claim and supporting documentation to establish your potential entitlement to share in the proceeds of the Settlement. A Proof of Claim may be downloaded from the "Case Documents" tab of this website.

    Read the instructions carefully, fill out the Proof of Claim, include all the documents the form asks for, sign it, and mail (to Tivity Health Securities Litigation, Claims Administrator, c/o Verita Global, P.O. Box 301171, Los Angeles, CA 90030-1171) or submit it online under the "File Claim" tab of this website so that it is postmarked or received no later than October 20, 2025.

    Top

  8. Do I have a lawyer in this case?

    Lead Plaintiff and the Class are being represented by Robbins Geller Rudman & Dowd LLP (“Lead Counsel”).

    Top

  9. When and where will the Court decide whether to approve the proposed Settlement?

    The Settlement Hearing will be held on November 12, 2025, at 9:00 a.m., before the Honorable Waverly D. Crenshaw, Jr., at the United States District Court for the Middle District of Tennessee, Fred D. Thompson U.S. Courthouse and Federal Building, 719 Church Street, Nashville, TN 37203.

    Please Note: The date and time of the Settlement Hearing may change without further written notice to Class Members. In addition, the Court may decide to conduct the Settlement Hearing remotely by telephone or videoconference or otherwise allow Class Members to appear at the hearing remotely by telephone or video, without further written notice to Class Members. In order to determine whether the date and time of the Settlement Hearing have changed, or whether Class Members must or may participate remotely by telephone or video, it is important that you monitor the Court’s docket and this website before making any plans to attend the Settlement Hearing. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing, or updates regarding in-person or remote appearances at the hearing, will be posted to this website. Also, if the Court requires or allows Class Members to participate in the Settlement Hearing remotely by telephone or videoconference, the information needed to access the conference will be posted to this website.

    Top

  10. Do I have to come to the hearing?

    No. Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. Class Members do not need to appear at the hearing or take any other action to indicate their approval.

    Top

  11. May I speak at the hearing?

    If you object to the Settlement, the Plan of Allocation, and/or the fee and expense applications, you may ask the Court for permission to speak at the Settlement Hearing. To do so, you must follow the instructions in the section entitled “May I Speak at the Hearing if I Don't Like the Settlement” on pages 10-11 of the Notice.

    Top

  12. How do I get my stock records? You must have my records since you contacted me.

    We do not hold stock records here. Verita Global is a third-party administrator appointed by the Court to notify potential claimants. We are provided with names and addresses of potential claimants in order to notify individuals of settlements but do not have access for your investment records. We recommend you contact the institution where you held your shares and request proof or supporting documentation for your claim.

    Top

  13. I have multiple accounts. Do I need to submit multiple Proof of Claim forms?

    One Claim Form should be submitted for each separate legal entity. Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name). Conversely, a single Claim Form should be submitted on behalf of one legal entity, including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).

    Top

  14. How do I submit a claim on behalf of a deceased beneficial purchaser/owner or their estate?

    When filing on behalf of a deceased beneficial owner or their estate, you can submit a claim in the name of the individual, or, if an estate exists, you can submit on behalf of the estate. Note that any settlement proceeds will be made payable to the estate if that is how you submit that claim. The same rule applies for IRA's and other account types.

    The claim submission should include a copy of the death certificate as well as proof of authority to file. As you are submitting a claim form as a representative on behalf of someone else (e.g. as an executor, administrator, trustee or other representative), you must document your authority to file on their (or their estate’s) behalf. Proof of authority can include a copy of the Last Will and Testament, Letters Testamentary, evidence of probate, proof of authority as executor or beneficiary and/or any other testamentary provisions of the deceased person. Do not send originals as any documents submitted with your claim will not be returned.

    Depending on whether you submit on behalf of the individual on behalf of the estate, please provide the appropriate TIN or SSN. Then sign the claim form.

    The claim must be submitted for the benefit of the actual beneficial owner/purchaser of the shares or their estate. Do not submit the claim in the name of the deceased person’s family or other heirs. We must issue the check to the actual beneficial owner/purchaser of the shares. We cannot issue any applicable check in the name of the deceased person’s family, beneficiaries or other heirs.

    Top

  15. What should I provide as documentation to support my transactions?

    You must provide copies of broker information or other documentation of your holdings in Tivity Health common stock as attachments to your claim. If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker because these documents are necessary to prove and process your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.

    Top

  16. Can I send a late claim?

    The Claims Administrator does not have the authority to grant extensions beyond the deadline. You are welcome to submit a Proof of Claim at this time understanding that it will be considered late. If you desire, you may also include a brief letter explaining why your claim is late.

    We will process all late claims received, and as much as possible, include that information with our recommendations to Counsel. We generally recommend that late claims which are otherwise valid and eligible be considered for distribution, but it will be up to the Court and/or Counsel to determine whether or not late claims will receive consideration in this matter.

    Top

  17. How long does it take to process my claim?

    Processing time on our cases can take an average of 9 to 12 months from the filing deadline. Once processing is complete, we must then wait for authorization from Counsel and/or the Court before we can distribute the funds which can take several additional months.

    Please understand that this is an estimated timeframe for processing based on our experience which does not guarantee that all case processing will be completed within nine months. Processing time varies from case to case and some cases may take more or less based on the specifics of that case settlement.

    If your claim has been received and we have any questions or need additional information or documentation to assist in the processing of your claim, we will contact you by using one or more of the contact methods (phone, e-mail, mail) which you listed on your claim form submission.

    We will not have the final claim payout amount available until we have processed all of the claims, calculated the total loss of claims filed and received approval from the Court and/or Counsel.

    We appreciate your patience as accurate claims processing takes time.

    Top