Brookdale Assisted Living Settlement Refunds 26% of Community Fees in Florida and North Carolina
PublishedNovember 3, 2026
People who moved into a Brookdale assisted living community in Florida or North Carolina during the class periods, and whose residency agreement had no enforceable arbitration clause, may qualify to claim 26% of their community fee plus $50 a year for up to three years, or $255 in North Carolina if no fee was paid, from the Brookdale Senior Living understaffing class action settlement. Claims are open through January 24, 2027.
Claims are open. The settlement website lists a deadline of 11:59 p.m. Eastern on January 24, 2027 for online claims, and the same date as the postmark deadline for mailed forms. The court granted preliminary approval on May 13, 2026, and the final approval hearing was scheduled for October 26, 2026. As of November 3, 2026, the court docket did not show a final approval order. Under the settlement agreement, the claim deadline falls 90 days after final approval, so the date could move if approval comes later. Payments will be made only after final approval and any appeals.
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StatusClaims Open
Claim DeadlineJanuary 24, 2027
Estimated Payout26% of the community fee + up to $150Or $255 flat for North Carolina residents who paid no community fee
Proof RequiredYes — residency agreement termsNo notice ID, but eligibility turns on the arbitration clause in the residency agreement, checked against Brookdale’s records
What Changed Recently?
The settlement resolves two consolidated class actions in the U.S. District Court for the Middle District of Tennessee: Bright v. Brookdale Senior Living Inc., No. 3:19-cv-00374, and Gunza v. Brookdale Senior Living Inc., No. 3:20-cv-00353, before Chief Judge William L. Campbell Jr.
The lawsuits alleged that Brookdale chronically understaffed its assisted living communities in Florida and North Carolina and misled residents about its staffing, in violation of both states’ deceptive trade practices laws and residents’ contracts. Brookdale denies all of the allegations and any wrongdoing, and the court has not decided who is right. The parties reached the settlement after mediation and filed it on May 6, 2026; the court granted preliminary approval on May 13, 2026. The opt-out and objection deadline was September 10, 2026.
Who Qualifies?
Class members must meet two tests. First, they must have moved into a Brookdale assisted living or memory care community:
North Carolina, community fee paid: moved in from April 24, 2016 through May 13, 2026.
North Carolina, no community fee: moved in from September 23, 2014 through May 13, 2026.
Florida, community fee paid: moved in from November 10, 2019 through May 13, 2026.
Florida, 2015–2019: moved in from May 3, 2015 through November 9, 2019 and either opted out of the earlier Runton v. Brookdale settlement or filed a Runton claim that was denied.
Second, the contract documents must show there was no enforceable arbitration agreement, because either:
the arbitration provision in the residency agreement was crossed out or declined in writing, or
a third party signed the residency agreement, and the document authorizing that person, such as a power of attorney, excluded the power to agree to arbitration or waive a jury trial.
Residents who signed, or whose representative signed, an agreement with an arbitration clause that was not struck or declined are not in the class. Neither are Florida residents who did not pay a community fee. Brookdale and its officers, directors and their families, class counsel, the judges and residents who previously signed a general release are excluded.
How Much Can You Get?
There is no shared fund that gets divided. Each approved claim is paid at a fixed rate:
Residents who paid a community fee: 26% of the community fee they paid, plus $50 for each year they lived at a Brookdale community, up to three years ($150). Rebates or discounts on the fee shown in Brookdale’s records are counted when the fee amount is calculated.
North Carolina residents who paid no community fee: $255, regardless of how long they lived there.
As an illustration only, a resident who paid a $3,000 community fee and lived at a Brookdale community for two years would receive $780 plus $100, or $880.
Brookdale pays notice and administration costs and, separately, whatever attorneys’ fees and expenses the court awards, so those do not reduce class members’ payments. Brookdale has agreed fees are owed but can oppose the amount requested. Payments are made by check.
What Proof or Notice ID Is Required?
The online claim form does not ask for a notice ID or PIN. It asks for the resident’s name, address, phone and email; the approximate move-in date; the name of the Brookdale community; for Florida residents, whether a community fee was paid; and a checkbox for which arbitration exception applies. The claimant attests that the information is accurate to the best of their knowledge.
Eligibility still depends on the residency agreement, so OCA lists this settlement as Proof Required: Yes. Under the settlement agreement, the administrator sends each claim to Brookdale, which has 30 business days to contest it. If Brookdale has the contract documents, they decide the claim. If it does not, the claimant gets 45 days to produce the residency agreement and any authorizing document, or the claim is denied. Claims from the 2015–2019 Florida group are checked against the Runton settlement’s records instead.
Authorized representatives, such as a family member or an estate’s representative, use a separate form. It requires a court order appointing the representative, the authorizing document such as a power of attorney, or a notarized statement of authority.
What Is the Deadline?
Online claims are due by 11:59 p.m. Eastern on January 24, 2027. Mailed claim forms must be postmarked on or before January 24, 2027. The settlement agreement sets the deadline at 90 days after final approval, so the settlement website is where any change to that date would be posted.
How Do You Take Action?
Claims are filed on the Brookdale settlement claim page, choosing either the “Self” or “Authorized Representative” form. The official settlement website also posts printable claim forms, the notice, the settlement agreement and the preliminary approval order.
What Happens Next?
The court must enter a final approval order and decide the attorneys’ fee request. The settlement agreement allows service awards of up to $5,000 for each of the four class representatives, paid by Brookdale. Payments go out only after final approval and the end of any appeals; no payment date has been announced.
The release covers claims about staffing and care at Brookdale communities in Florida and North Carolina, but the settlement agreement states that it does not release claims for personal injury or wrongful death.
Why does the arbitration clause matter in the Brookdale settlement?
The settlement class is limited to residents with no enforceable arbitration agreement on the face of their contract documents. That means the arbitration provision in the residency agreement was crossed out or declined in writing, or a third party signed the agreement under a document, such as a power of attorney, that excluded the power to agree to arbitration or waive a jury trial.
Can a family member file a Brookdale claim for a resident who has died?
Yes. An Authorized Representative can file using the representative claim form. For a resident who has died, the form must include a court order appointing the representative for the estate or a notarized statement that the representative is legally authorized to act. For a living resident, it needs the authorizing document, such as a power of attorney, or a notarized statement.
Does the Brookdale settlement cover injury or wrongful death claims?
No. The settlement agreement states that the released claims do not include claims for personal injury or wrongful death, including those arising from allegedly insufficient care or understaffing.
Are attorneys’ fees taken out of Brookdale settlement payments?
No. There is no shared fund. Brookdale pays each approved claim at the set rate and separately pays whatever attorneys’ fees and expenses the court awards, so fees do not reduce class members’ payments.
Official Settlement Notice
Preliminary Approval Order
For more class actions keep scrolling below.
Settlement Amount
26% of community fee + up to $150, or $255
Case Title
Bright v. Brookdale Senior Living Inc. (consolidated with Gunza v. Brookdale Senior Living Inc.)
Case Number
3:19-cv-00374 and 3:20-cv-00353
Court
U.S. District Court, Middle District of Tennessee
Final Approval Hearing
October 26, 2026 at 2:30 PM CT Chief Judge William L. Campbell Jr. · final order not yet on the docket as of Nov. 3, 2026
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